Quick Navigation

Print
 

The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Convention on the Grant of European Patents (European Patent Convention)
Part I General and institutional provisions
Chapter II The European Patent Organisation
Article 9 Liability
Article 9
Liability 
(1)
The contractual liability of the Organisation shall be governed by the law applicable to the contract in question. 
(2)
The non‑contractual liability of the Organisation in respect of any damage caused by it or by the employees of the European Patent Office in the performance of their duties shall be governed by the law of the Federal Republic of Germany. Where the damage is caused by the branch at The Hague or a sub‑office or employees attached thereto, the law of the Contracting State in which such branch or sub-office is located shall apply. 
(3)
The personal liability of the employees of the European Patent Office towards the Organisation shall be governed by their Service Regulations or conditions of employment. 
(4)
The courts with jurisdiction to settle disputes under paragraphs 1 and 2 shall be:
(a)
for disputes under paragraph 1, the courts of the Federal Republic of Germany, unless the contract concluded between the parties designates a court of another State;
(b)
for disputes under paragraph 2, the courts of the Federal Republic of Germany, or of the State in which the branch or sub‑office is located.