Rs 0.192.110.923.2 Protocol Of 5 October 1973 On The Privileges And Immunities Of The European Organization Of Patents (Protocol On Privileges And Immunities)

Original Language Title: RS 0.192.110.923.2 Protocole du 5 octobre 1973 sur les privilèges et immunités de l’organisation européenne des brevets (protocole sur les privilèges et immunités)

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0.192.110.923.2 text original Protocol on the privileges and immunities of the Organization European patents (Protocol on privileges and immunities) signed in Munich on 5 October 1973, approved by the Federal Assembly on November 29, l976 Instrument of ratification deposited by the Switzerland on April 20, 1977, entered into force for the Switzerland on 7 October 1977, art. 1 (1) the premises of the Organization shall be inviolable.
(2) the authorities of the States where the Organisation has its premises may not enter these premises with the consent of the President of the European Patent Office. This consent is presumed to be acquired in case of fire or other disaster requiring immediate protection measures.
(3) the discount in the premises of the Organization of all pleadings necessitated by an instance in justice for the organization is not a breach of inviolability.

Art. 2. the archives of the Organization as well as any material owned or held by it shall be inviolable.

Art. 3 (1) in the framework of its official activities, the Organization enjoy immunity from jurisdiction and execution except: has) insofar as the Organization would have expressly renounced such immunity in a particular case; b) in the case of a civil action brought by a third party for damage arising from an accident caused by a motor vehicle belonging to the organization or circulating to his account or breach of the regulation of vehicular traffic interesting supra vehicle; c) in cases of enforcement of an arbitration award made under art. 23. (2) the property and assets of the Organization, regardless of where they are located, enjoy immunity from any form of requisition, confiscation, expropriation and receiver.
(3) the property and assets of the Organization have also the immunity from any form of administrative or measure prior to a judgment, except to the extent where him temporarily require the prevention of accidents involving motor vehicles belonging to the organization or circulating on behalf of this and investigations that can lead to such accidents.
(4) within the meaning of this Protocol, the official activities of the Organization are those which are strictly necessary for its administrative and technical operations such that they result from the convention.

SR 0.232.142.2 art. 4 (1) as part of its official activities, the Organization, its property and income are exempt from direct taxes.
(2) when purchases are made by the Organization for the exercise of its official activities, and whose price includes fees or taxes, appropriate arrangements are made by the Contracting States, whenever it is possible, with a view to delivery or refund to the Organization of the amount of duties and taxes of this nature.
(3) no exemption is granted with respect to taxes, duties and rights that are only than charges for public utility services.

Art. 5. the products imported or exported by the Organization for the exercise of its official activities are exempt from duties and taxes on import or export, other than royalties or representative charges of services, and free from all prohibitions and restrictions on the import or export.

Art. 6. no exemption under art. 4 and 5 regarding purchases or imports of goods intended for the personal needs of the agents of the European Patent Office.

Art. 7 (1) property belonging to the Organization, acquired or imported in accordance with art. 4 or art. 5, can be sold or transferred to the conditions approved by the Contracting States which have granted exemptions.
(2) the transfer of goods or the provision of services, carried out between the various buildings of the Organization, are not subject to any tax or restrictions, if any, Contracting States take appropriate measures for rehabilitation or reimbursement of the amount of such charges or for the removal of such restrictions.

Art. 8. the transmission of publications and other information by the organization or to the materials is subject to no restrictions.

Art. 9 Contracting States grant exemptions in terms of exchange control regulations that would be necessary for the exercise of its official activities the organization.

Art. 10. (1) for its official communications and the transmission of all its documents, the organization enjoys, in each Contracting State, the most favourable treatment granted to any other international organization by that State.
(2) no censorship cannot be exercised with respect to the official communications of the Organization, regardless of the channel used.

Art. 11 Contracting States shall take appropriate measures to facilitate the entry, stay and departure of the agents of the European Patent Office.

Art. 12 (1) representatives of the Contracting States, their alternates, their advisers or experts shall, at the meetings of the Board of directors or of any body established by the Council as well as during their journey to and from the place of the meeting, privileges and immunities following: has) immunity from arrest or detention and from seizure of their personal luggage (except in case of flagrante delicto; b) immunity from jurisdiction, even after the end of their mission, for acts, including their writings and their words, made in the exercise of their functions; This immunity is however not in the case of an offence under the regulation of the use of motor vehicles, committed by one of the persons referred to above, or in the case of damage caused by a vehicle self-propelled belonging to him or she drives, c) inviolability for all papers and documents officials; d) right to use codes and to receive documents or correspondence by courier or bags sealed; e) exemption for themselves and for spouses of any measure restricting the entry and registration of foreigners all formalities; f) same facilities, with regard to monetary regulations or Exchange, as those granted to representatives of foreign Governments on temporary official missions.

(2) the privileges and immunities are granted to individuals referred to in paragraph 1, not for their personal benefit, but to ensure independence in the exercise of their functions in connection with the organization. Consequently, a Contracting State has the duty to waive the immunity in any case where, in his opinion, immunity would impede the action of justice and where it can be lifted without compromising the purpose for which it was awarded.

Art. 13. (1) subject to the provisions of art. 6, the President of the European Patent Office has recognized privileges and immunities to diplomatic agents under the Vienna Convention on diplomatic relations of 18 April 1961.
(2) However, immunity of jurisdiction not playing in the case of offence regulations on the movement of motor vehicles made by the President of the European Office of patents or damage caused by a motor vehicle belonging to him or that he led.

SR 0.191.01 art. 14 officers of the European Patent Office: has) enjoy, even when they have ceased to exercise their functions, immunity from jurisdiction for acts, including words and writings, made in the exercise of their functions; This immunity is however not in the case of a breach of the regulation of the use of motor vehicles, committed by an officer of the Agency, or for damage caused by a motor vehicle belonging to him or he drives; b) are exempt from any obligation with respect to military service; c) enjoy inviolability for all their papers and official documents; d) enjoy ((, with members of their family living in their home, the same exceptions to the provisions limiting immigration and regulating the registration of foreigners, as those usually accorded to the members of the staff of international organizations; e) have, with regard to regulations of Exchange, the same privileges as those generally recognized to the members of the staff of international organizations; f) have, in times of international crisis (, as well as their family members living in their home, the same facilities for repatriation as diplomatic; g officers) enjoy the right to import free of duty their furniture and personal effects, on the occasion of their first facility in the State concerned, and the right, to the termination of their functions in that State to export duty-free their furniture and personal effects subject to the conditions deemed necessary by the Government of the State on whose territory the right is exercised and with the exception of property acquired in this State who are being, in this one, prohibition of export.

Art. 15. experts performing functions on behalf of the organization or performing missions for, enjoy the privileges and immunities hereinafter insofar as they are necessary for the exercise of their functions, including during journeys made in the exercise of their functions or during these missions:

(a) immunity from jurisdiction for the acts performed in the exercise of their functions, including their words and writings, except in the case of a breach of the regulation of the use of motor vehicles by an expert or damage caused by a motor vehicle belonging to him or that he led; (experts will continue to enjoy this immunity after the termination of their functions with the Organization; b) inviolability for all their papers and documents officials; c) to exchange facilities necessary for the transfer of their remuneration.

Art. 16 (1) under the conditions and according to the modalities set by the Board of directors within a period of one year from the entry into force of the convention, the persons referred to in art. 13 and 14 will be subject, to the benefit of the Organization, to a tax on wages and salaries which they are paid by the organization. As of this date, these salaries and wages are exempt from national income tax. However, Contracting States may take account of these salaries and wages for the calculation of tax payable on income from other sources.
(2) the provisions of paragraph 1 shall not apply to pensions and pensions paid by the Organization to the former agents of the European Patent Office.

SR 0.232.142.2 art. 17. the Board of Directors determines the categories of officials to which the provisions of article 14 apply in whole or in part, as well as the provisions of art. 16 and the categories of experts to which apply the provisions of art. 15. the names, qualifications and addresses of the agents and experts in these categories are periodically communicated to the Contracting States.

Art. 18. the Organization and the European Patent Office officers are exempt from all compulsory contributions to national social security bodies, in case the Organization would establish its own system of social insurance, subject to the agreements with the Contracting States, in accordance with the provisions of art. 25 art. 19. (1) the privileges and immunities provided for in this Protocol are not established to provide officers of the European Patent Office or to the experts performing functions for the benefit or on behalf of the Organization of the personal benefits. They are instituted only in order to ensure, in all circumstances, the free functioning of the Organization and the complete independence of the persons to which they are granted.
(2) the President of the European Patent Office has the duty to waive the immunity where it considers that it prevents the normal game of justice and that it is possible to give it up without harming the interests of the organization. For the same reasons, the Board of Directors may raise one of the immunities granted to the President.

Art. 20 (1) the Organization at all times cooperates with the competent authorities of the Contracting States, to facilitate the proper administration of justice, to ensure compliance with the regulations of police and those on public health and inspection of the work, or other national law of a similar nature, and prevent any abuse of privileges, immunities and facilities provided for in this Protocol.
(2) the procedure of cooperation referred to in paragraph 1 may be specified in the complementary agreements referred to in art. 25 art. 21. each Contracting State retains the right to take all necessary measures in the interest of its security.

Art. 22. no Contracting State is required to grant the privileges and immunities referred to in art. 12, 13, 14 let. ((b), e) and g), and let 15. c) a) to its own nationals; b) to people who, on their entry into functions to the United Nations, have their permanent residence in this State and are not agents of another intergovernmental organization whose staff is incorporated into the organization.

Art. 23 (1) each Contracting State may submit to a Court of international arbitration any dispute involving the Organization, or the officers or experts performing functions for the benefit or on behalf of the Organization, insofar as this one, these officers or experts have claimed a privilege or immunity under this Protocol, in cases where it has not waived this immunity.
(2) If a Contracting State intends to submit a dispute to arbitration, it shall notify the president of the Board of directors who shall immediately inform each Contracting State of such notification.
(3) the procedure provided for in the first paragraph is not applicable to disputes between the Organization and the officers or experts about the status or conditions of employment as well as for agents, about the regulation of pensions.
(4) the award of the arbitral Tribunal is final and without appeal; the parties will comply. In the event of dispute as to the meaning and scope of the award, it is up to the Arbitration Tribunal to interpret it at the request of any party.

Art. 24 (1) the arbitration provided for in art. 23 is composed of three members, one arbitrator appointed by the State, or States, party to the arbitration, one arbitrator appointed by the Board of Directors and a third arbitrator, who assumes the Presidency, appointed by the first two.
(2) these referees are selected from a list including six referees at the designated by each Contracting State and six arbitrators designated by the Board of Directors. This list is established as soon as possible after the entry into force of this Protocol and, subsequently, supplemented, where appropriate, as necessary.
(3) If, within a period of three months after the notification referred to in art. 23, by. 2, one of the parties fails to make the appointment in the first paragraph, the arbitrator is chosen, on the request of the other party, by the President of the International Court of Justice among the people on the list. It is also, at the request of the most diligent party, where, within a period of one month from the appointment of the second arbitrator, the first two arbitrators fail to agree on the appointment of the third. However, in both cases, if the President of the International Court of Justice is prevented from making the choice or if he is a national of one of the States parties to the dispute, the Vice President of the International Court makes the appointments referred to above, unless it is itself a national of one of the States parties to the dispute; in this case it is up to the Member of the International Court, which is not a national of one of the States parties to the dispute and which has been selected by the President or the Vice-president, to make the appointments. A national of the claimant State cannot be chosen to fill the seat of the referee whose appointment was on the Board of Directors, or a person on the list by designation of the Board of Directors chosen to fill the seat of the referee whose appointment was the responsibility of the requesting State. People belonging to these two categories can not be chosen to assume the Presidency of the Court.
(4) the arbitral Tribunal shall establish its rules of procedure.

Art. 25 field of application of the Protocol on October 1, 1978 the organization may, on the decision of the Board of directors conclude, with one or more Contracting States, of the supplementary agreements for the enforcement of the provisions of this Protocol, in regards to those States, as well as other arrangements to ensure the effective functioning of the Organization and the protection of his interests.

Field of application of the Protocol on October 1, 1978, States parties Ratification, accession (A) entered into the Federal Republic of Germany * 7 July 1976 7 October 1977 Belgium 14 July 1977 7 October 1977 France July 1, 1977 October 7, 1977 French overseas departments and territories overseas, 1 July 1977 October 7, 1977 Britain March 3, 1977 has 7 October 1977 Isle of Man 3 March 1977 has 7 October 1977 Luxembourg July 7, 1977 October 7, 1977 Netherlands 28 February 1978 1 May 1978 Sweden February 17, 1978 1 May 1978 Switzerland April 20, 1977 7 October 1977 * the Protocol also apply to Berlin (West).

RO 1977 1834; FF 1976 II 1 art. 1 c. the AF from 29 nov 3. 1976 (RO 1977 1709) State on November 5, 1999

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