M-Documents : art. 157 /en
Metadata
[modifier | modifier le wikicode]- Display Name : M 157 G
- Item Number : 157
- Folder / Language : English
- Language Tag : #English
- Original PDF :
M-Documents/English/M-Documents 151-175/M-Documents 157 G/M 157 G.pdf
Contenu
[modifier | modifier le wikicode][p.1]
Europäisches Patentamt European Patent Office Office européen des brevets
M 157 G
[modifier | modifier le wikicode]Travaux Préparatoires EPC 1973
[modifier | modifier le wikicode]Munich Diplomatic Conference
[modifier | modifier le wikicode]Comment:
The collection represents purely an internal research tool for the purpose of Directorate Patent Law of the European Patent Office. No guarantee can be given for its completeness or correctness.
The documents produced before 1969 cannot be provided in English as this was not an official language in the period before that date. These documents therefore are provided in French and German.
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MUNICH DIPLOMATIC CONFERENCE
[modifier | modifier le wikicode]FOR THE SETTING UP OF A EUROPEAN SYSTEM FOR THE GRANT OF PATENTS
- 1973 -
Munich, 2 October 1973
M/157/G
Original: English/French/German
CONFERENCE DOCUMENT
[modifier | modifier le wikicode]Drawn up by: IIB
Subject : Observations in respect of the proposal of the German delegation relating to preparations for the opening of the European Patent Office (M/119/I)
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Observations
[modifier | modifier le wikicode]made by the delegation of the International Patents Institute in respect of the proposal of the German delegation relating to preparations for the opening of the European Patent Office (doc. M/119/I)
The IIB delegation has taken note with great interest of the proposals made by the German delegation in respect of the organisation and working schedule of the Interim Committee. The IIB delegation is of the opinion that these proposals constitute an excellent basis for discussion. In regard to its own participation in the work of the Interim Committee, the IIB considers it necessary to recall to mind the following items:
1. If it is agreed that, in the setting up of the European System, a special responsibility lies with the Netherlands and German Governments, then the same is true for the IIB. This organisation constitutes indeed the first stage of the EPO which must be fully operational. In this respect the IIB, while provisionally retaining its status according to which it is only subject to the control of its Member States, will be directly concerned by the majority of the measures adopted by the Interim Committee, in particular in the fields of organisation of the search, personnel, finance and the right to conclude contracts (Working groups 1, 2, 3 and 5 of the groups provided for in doc. M/119/I). For this reason the IIB will have a duty to make an active contribution in the planning and execution of the work of the Interim Committee and of its dependent organs. It is also possible, that considerable internal reorganisation will have to take place within the IIB even before its incorporation in the European organisation, for example in the fields of administrative structure, of staff training and of recruitment.
M/157/G mb
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In the light of the foregoing, the IIB delegation considers it to be indispensable that the "decision on preparations for the opening of the European Patent Office" (M 8) should be applied in such a way that adequate participation of the IIB is guaranteed, as much in the work of the Interim Committee as in that of its dependent organs. This participation should, in particular, include the right for the IIB to put proposals, and to take up duties within the dependent organs of the Interim Committee. The IIB delegation considers that particular mention of these points should be made in the internal regulations of the Interim Committee.
2. The IIB delegation finds of considerable interest the proposal to set up a permanent team consisting of approximately twenty officials, who would have the duty to prepare working documents which would act as a basis for discussion in the Interim Committee and its dependent organs. In this respect it is appropriate to underline the fact that the work which the Interim Committee will have to carry out will, in many regards, be of a different nature to that previously accomplished within the framework of the Intergovernmental Conference.
The task of the Interim Committee is not, indeed, limited to the drafting of texts, but will progressively extend so as to include the implementation of the European Patent System. This is particularly true in the field of searching, where the activity of the various organs concerned must be adapted and coordinated in the light of their new mission.
On condition that adequate representation of the States concerned and of the IIB can be achieved within the team referred to in the proposal of the delegation of the Federal Republic of Germany, the creation of a team of this kind could help to facilitate the setting up of the European Patent Office and the incorporation of the IIB within this latter.
M/157/G mb
