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RS 0.232.142.202 Agreement of 17 October 2000 on the application of Article 65 of the Convention on the Grant of European Patents (Agreement on Languages)

Original Language Title: RS 0.232.142.202 Accord du 17 octobre 2000 sur l’application de l’article 65 de la Convention sur la délivrance de brevets européens (Accord sur les langues)

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0.232.142.202

Original text

Agreement on the Application of Article 65 of the Convention on the Grant of European Patents

(Agreement on languages)

Conclu in London on 17 October 2000

Approved by the Federal Assembly on December 16, 2005 1

Instrument of ratification deposited by Switzerland on 12 June 2006

Entry into force for Switzerland on 1 Er May 2008

(Status on 6 February 2014)

Preamble

The States Parties to this Agreement;

As States Parties to the Convention on the Grant of European Patents 2 (European Patent Convention) of 5 October 1973;

Reaffirming their desire to strengthen cooperation between European states in the field of protection of inventions;

See art. 65 of the European Patent Convention;

Recognising the importance of the objective of reducing costs related to the translation of European patents;

Stressing the need for broad adherence to this objective;

Determined to contribute effectively to such a reduction in costs;

Agreed to the following provisions:

Art. 1 Waiver of translation requirements

(1) Any State Party to this Agreement having an official language in common with one of the official languages of the European Patent Office shall waive the requirements for translation provided for in Art. 65, para. 1 of the Convention of 29 November 2000 on the European patent 1 .

(2) Any State Party to this Agreement having no official language in common with one of the official languages of the European Patent Office shall waive the requirements for translation provided for in Art. 65, para. 1 of the European Patent Convention, if the European patent has been granted in the official language of the European Patent Office prescribed by that State, or translated into that language and furnished under the conditions laid down in Art. 65, para. 1 of the European Patent Convention.

(3) The States referred to in paragraph 1. 2 retain the right to require that a translation of the claims in one of their official languages be furnished under the conditions set out in s. 65, para. 1 of the European Patent Convention.

(4) This Agreement shall not be construed so as to restrict the right of the States Parties to this Agreement to waive any translation requirement or to apply less restrictive rules in the field of translation than those Subject to s. 2 and 3.


Art. 2 Translations in case of dispute

This Agreement shall not be construed to restrict the right of the States Parties to this Agreement to prescribe that, in the event of a dispute relating to a European patent, the owner of the patent shall furnish, at its own expense,

(a)
At the request of the alleged infringer, a complete translation of the patent into an official language of the State in which the alleged infringement of the patent took place,
(b)
At the request of the competent court or quasi-judicial authority in a procedure, a complete translation of the patent into an official language of the State concerned.
Art. 3 Signature-Ratification

(1) This Agreement shall be open until June 30, 2001 at the signature of any State Party to the European Patent Convention.

(2) This Agreement shall be subject to ratification. Instruments of ratification shall be deposited with the Government of the Federal Republic of Germany.

Art. 4 Accession

After the expiration of the signature period referred to in s. 3, para. 1, this Agreement shall be open to the accession of any State Party to the European Patent Convention and any State entitled to accede to the said Convention. Instruments of accession shall be deposited with the Government of the Federal Republic of Germany.

Art. 5 Prohibition of reservations

No State Party to this Agreement shall make any reservations to it.

Art. 6 Entry into force

(1) This Agreement shall enter into force on the first day of the fourth month following the deposit of the last of the instruments of ratification or accession of eight States party to the European Patent Convention, including the three States in which the most A large number of European patents took effect in 1999.

(2) Any ratification or accession after the entry into force of this Agreement shall take effect on the first day of the fourth month following the deposit of the instrument of ratification or accession.

Art. 7 Duration of the Agreement

This Agreement shall be concluded without limitation of duration.

Art. 8 Denunciation

Any State Party to this Agreement may, at any time, denounce it, provided that it has been in force for three years. The denunciation shall be notified to the Government of the Federal Republic of Germany. It shall take effect upon the expiry of the period of one year from the date of receipt of that notification. In that case, the rights acquired prior to the taking of such denunciation shall not be infringed.

Art. Scope of application

This Agreement shall apply to European patents in respect of which the mention of grant has been published in the European Patent Bulletin, after the Agreement has entered into force for the State concerned.

Art. 10 Languages of the Agreement

This Agreement shall be drawn up in a copy in the German, English and French languages, which shall be deposited with the Government of the Federal Republic of Germany, the three texts being equally authentic.

Art. 11 Transmissions and notifications

(1) The Government of the Federal Republic of Germany shall establish certified copies of this Agreement and shall transmit them to the governments of the signatory or acceding States.

(2) The Government of the Federal Republic of Germany shall notify the Governments of the States referred to in s. 1:

(a)
Signatures;
(b)
The deposit of any instrument of ratification or accession;
(c)
The date of entry into force of this Agreement;
(d)
Any denunciation received pursuant to s. 8 and the date on which it takes effect.

(3) The Government of the Federal Republic of Germany shall register this Agreement with the Secretariat of the United Nations.

In witness whereof The plenipotentiaries designated for that purpose, having submitted their full powers, recognized in good and due form, have signed this Agreement.

Done at London on October 17th, two thousand in one original, in German, English and French, all texts being equally authentic.

(Suivent signatures)

Scope of application February 6, 2014 3

States Parties

Ratification Accession (A)

Entry into force

Albania

May 31

2013 A

1 Er September

2013

Germany

19 February

2004

1 Er May

2008

Croatia

October 31

2007 A

1 Er May

2008

Denmark

January 18

2008

1 Er May

2008

Finland

July 25

2011 A

1 Er November

2011

France

29 January

2008

1 Er May

2008

Hungary

28 September

2010 A

1 Er January

2011

Ireland

25 November

2013 A

1 Er March

2014

Iceland

August 31

2004 A

1 Er May

2008

Latvia

5 April

2005 A

1 Er May

2008

Liechtenstein

23 November

2006

1 Er May

2008

Lithuania

22 January

2009 A

1 Er May

2009

Luxembourg

18 September

2007

1 Er May

2008

Macedonia

20 October

2011 A

1 Er February

2012

Monaco

12 November

2003

1 Er May

2008

Netherlands

5 October

2006

1 Er May

2008

United Kingdom

August 15

2005

1 Er May

2008

Slovenia

18 September

2002 A

1 Er May

2008

Sweden

29 April

2008

1 Er May

2008

Switzerland

12 June

2006

1 Er May

2008


RO 2008 1741 ; FF 2005 3569


1 Art. 1 al. 1 of the AF of Dec 16. 2005 ( RO 2008 1739 )
2 RO 1977 1711
3 RO 2008 1744 , 2011 3301, 2014 485. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on February 6, 2014