Key Benefits:
Original text
(1) The premises of the Organization shall be inviolable.
(2) The authorities of the States in which the Organization has its premises may enter such premises only with the consent of the President of the European Patent Office. Such consent shall be presumed to be acquired in the event of a fire or other disaster requiring immediate protection measures.
(3) The surrender to the premises of the Organization of all procedural requirements by a court of law concerning the Organization shall not constitute an offence of inviolability.
The archives of the Organization and any document owned or held by it shall be inviolable.
(1) In the course of its official activities, the Organization shall enjoy immunity from jurisdiction and execution except:
(2) The property and property of the Organization, regardless of where they are located, shall enjoy immunity in respect of any form of requisition, confiscation, expropriation and sequestration.
(3) The property and property of the Organization shall also enjoy immunity in respect of any form of administrative or pre-judgment constraint, except to the extent that the prevention of accidents temporarily requires Involving self-propelled vehicles belonging to or on behalf of the Organization and the investigations to which such accidents may occur.
(4) For the purposes of this Protocol, the official activities of the Organization shall be those that are strictly necessary for the administrative and technical functioning of the Organization as a result of the Convention 1 .
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(1) In the course of its official activities, the Organization, its property and income shall be exempt from direct taxes.
(2) Where substantial purchases are made by the Organization for the performance of its official activities, and whose price includes duties or taxes, appropriate provisions shall be taken by the Contracting States, whenever it is Possible, for the remission or refund to the Organization of the amount of duties and taxes of that nature.
(3) No exemption shall be granted in respect of taxes and duties which constitute mere remuneration for services of public utility.
Goods imported or exported by the Organization for the performance of its official activities are exempt from import or export duties and taxes, other than royalties or impositions representative of services rendered, and Exempt from all prohibitions and restrictions on imports or exports.
No exemption is granted under ss. 4 and 5 in respect of purchases or imports of goods intended for the personal needs of agents of the European Patent Office.
(1) Property belonging to the Organization, acquired or imported in accordance with s. 4 or art. 5, may be sold or ceded only to the conditions approved by the Contracting States which granted the exemptions.
(2) Transfers of goods or services, made between the different buildings of the Organisation, shall not be subject to any taxation or restriction, where appropriate, the Contracting States shall take the appropriate measures for the purpose of Remission or reimbursement of the amount of such impositions or for the lifting of such restrictions.
The transmission of publications and other information material by or to the Organization shall not be subject to any restriction.
The Contracting States shall grant the Organization exemptions in the field of exchange rate regulation that would be necessary for the performance of its official activities.
(1) For its official communications and the transfer of all its documents, the Organization shall enjoy in each Contracting State the most favourable treatment accorded to any other international organization by that State.
(2) No censorship shall be exercised in respect of the official communications of the Organization, regardless of the channel of communication used.
The Contracting States shall take the necessary measures to facilitate the entry, stay and departure of agents of the European Patent Office.
(1) The representatives of the Contracting States, their alternates, their advisors or experts shall, at the meetings of the Board of Directors or of any body set up by the said Council, and during their journeys to or from From the place of the meeting, the following privileges and immunities:
(2) Privileges and immunities shall be accorded to the persons referred to in paragraph 1, not to their personal benefit, but for the purpose of ensuring independence in the performance of their duties in relation to the Organization. Consequently, a Contracting State has a duty to waive immunity in all cases where, in its view, immunity would impede the action of justice and where it can be waived without compromising the purposes for which it was granted.
(1) Subject to the provisions of s. 6, the President of the European Patent Office shall enjoy the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961 1 .
(2) However, immunity from jurisdiction does not apply in the case of infringement of the rules on the movement of motor vehicles by the President of the European Patent Office or damage caused by a motor vehicle Owned or driven.
Agents of the European Patent Office:
Experts performing duties on behalf of the Organization or performing missions for the Organization shall enjoy the following privileges and immunities in so far as they are necessary for the performance of their duties, including during Travel in the performance of their duties or during the course of such missions:
(1) In accordance with the terms and conditions laid down by the Governing Council within one year of the entry into force of the Convention 1 , persons subject to s. 13 and 14 will be subject, for the benefit of the Organization, to a tax on salaries and wages paid to them by the Organization. As of that date, these salaries and wages are exempt from national income tax. However, the Contracting States may take these salaries and wages into account in calculating the tax payable on income from other sources.
(2) The provisions of paragraph 1 shall not apply to pensions and pensions paid by the Organisation to former agents of the European Patent Office.
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The Board of Directors shall determine the categories of officers to which the provisions of Article 14 apply, in whole or in part, and the provisions of Art. 16 and the classes of experts to which the provisions of s. 15. The names, qualities and addresses of the agents and experts included in these categories shall be communicated periodically to the Contracting States.
The Organization and the agents of the European Patent Office shall be exempt from all mandatory contributions to national social security organizations, in the event that the Organization establishes its own social security system, subject to Agreements to be made with the Contracting States in accordance with the provisions of Art. 25.
(1) The privileges and immunities provided for in this Protocol shall not be established with a view to granting officers of the European Patent Office or experts performing functions to the benefit of or on behalf of the Organization Personal Benefits. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Organization and the complete independence of the persons to whom they are granted.
(2) The President of the European Patent Office has a duty to waive immunity when it considers that it prevents the normal game of justice and that it is possible to waive it without prejudice to the interests of the Organization. The Administrative Council may, for the same reasons, waive one of the immunities granted to the President.
(1) The Organization shall cooperate at all times with the competent authorities of the Contracting States with a view to facilitating the proper administration of justice, ensuring compliance with police and public health regulations, and The inspection of work, or other national laws of a similar nature, and prevent any abuse of the privileges, immunities and facilities provided for in this Protocol.
(2) The cooperation procedure referred to in paragraph 1 may be specified in the supplementary agreements referred to in Art. 25.
Each Contracting State shall retain the right to take all necessary measures in the interests of its security.
No Contracting State shall be required to grant the privileges and immunities referred to in Art. 12, 13, 14 let. (b), (e) and (g), and 15 let. (c)
(1) Each Contracting State may submit to an International Arbitration Tribunal any dispute involving the Organization, or the agents or experts performing functions for the benefit of, or on behalf of, the Organization, to the extent that it, These agents or experts have claimed a privilege or immunity under this Protocol, in cases where such immunity has not been waived.
(2) If a Contracting State intends to submit a dispute to arbitration, it shall notify the President of the Administrative Council, which shall immediately inform each Contracting State of that notification.
(3) The procedure referred to in paragraph 1 shall not apply to disputes between the Organization and the agents or experts concerning the status or conditions of employment and, for agents, concerning the settlement of pensions.
(4) The award of the Arbitration Tribunal shall be final and without appeal; the parties shall abide by it. In the event of a dispute as to the meaning and scope of the award, it is for the Arbitration Tribunal to interpret it at the request of any party.
(1) The Arbitration Tribunal provided for in s. 23 is composed of three members, an arbitrator appointed by the State, or the States, a party to the arbitration, an arbitrator appointed by the Board of Directors and a third arbitrator, who assumes the presidency, appointed by the first two.
(2) These arbitrators shall be selected from a list of six arbitrators appointed by each Contracting State and six arbitrators appointed by the Board of Directors. This list shall be drawn up as soon as possible after the entry into force of this Protocol and, thereafter, supplemented, where appropriate, as necessary.
(3) If, within three months of the notification referred to in s. 23, para. 2, one of the parties refrains from making the appointment provided for in paragraph 1, the choice of the arbitrator shall be made, on the request of the other party, by the President of the International Court of Justice from among the persons on the same List. The same shall apply, at the request of the most diligent party, where, within one month of the appointment of the second arbitrator, the first two arbitrators fail to agree on the appointment of the third arbitrator. However, in both cases, if the President of the International Court of Justice is prevented from making the choice or is a national of one of the States party to the dispute, the Vice-President of the International Court shall make the appointments Above, unless he is a national of one of the States parties to the dispute; in the latter case it is for the member of the International Court, who is not himself a national of one of the States party to the dispute, and Which has been chosen by the President or the Vice-President, to make the appointments. A national of the requesting State may not be chosen to occupy the seat of the arbitrator whose appointment was the responsibility of the Board of Directors, or a person on the list by appointment of the Board of Directors chosen to occupy the seat. The seat of the arbitrator whose appointment was for the requesting State. Persons belonging to these two categories may not be selected to take over the chairmanship of the Tribunal.
(4) The Arbitration Tribunal shall establish its rules of procedure.
The Organisation may, by decision of the Administrative Council, conclude, with one or more Contracting States, additional agreements for the implementation of the provisions of this Protocol, in respect of that State or States, as well as Other arrangements to ensure the proper functioning of the Organization and the safeguarding of its interests.
States Parties |
Ratification Accession (A) |
Entry into force |
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|
7 July |
1976 |
7 October |
1977 |
Belgium |
July 14 |
1977 |
7 October |
1977 |
France |
1 Er July |
1977 |
7 October |
1977 |
|
1 Er July |
1977 |
7 October |
1977 |
Great Britain |
3 March |
1977 A |
7 October |
1977 |
Isle of Man |
3 March |
1977 A |
7 October |
1977 |
Luxembourg |
7 July |
1977 |
7 October |
1977 |
Netherlands |
28 February |
1978 |
1 Er May |
1978 |
Sweden |
17 February |
1978 |
1 Er May |
1978 |
Switzerland |
20 April |
1977 |
7 October |
1977 |
* |
The protocol also applies to Berlin (West). |
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1 Art. 1 Er Ch. 3 of the AF of 29 Nov 1976 (RO 1977 1709)