https://www.epo.org/en/node/g020003ep1
G 0003/02 (Priorities from India/ASTRAZENECA) 26-04-2004
European Case Law Identifier
ECLI:EP:BA:2004:G000302.20040426
Date of decision
Case number
G 0003/02
Referral
Application number
IPC class
Language of proceedings
EN
Distribution
PUBLISHED IN THE EPO'S OFFICIAL JOURNAL (A)
Download and more information:
Documentation of the appeal procedure can be found in the
European Patent Register
Application title
-
Applicant name
AstraZeneca AB
Opponent name
-
Board
-
Headnote
The TRIPS Agreement does not entitle the applicant for a European patent application to claim priority from a first filing in a state which was not at the relevant dates a member of the Paris Convention but was a member of the WTO/TRIPS Agreement.
Relevant legal provisions
Paris_Convention_Art_001-012
Paris_Convention_Art_004a(2)
Paris_Convention_Art_019
Vienna Convention on the Law of Treaties (1969) Art 5
Vienna Convention on the Law of Treaties (1969) Art 26
Vienna Convention on the Law of Treaties (1969) Art 34
Vienna Convention on the Law of Treaties (1969) Art 38
Vienna Convention on the Law of Treaties (1986) Art 34
Vienna Convention on the Law of Treaties (1986) Art 35
Vienna Convention on the Law of Treaties (1986) Art 38
Agreement on Trade-Related Aspects of Intellectual Property Rights Art 1
Agreement on Trade-Related Aspects of Intellectual Property Rights Art 2(1)
Statute, International Court of Justice_Art_038
Universal Declaration of Human Rights Art 27
Keywords
International applications - priorities from India
Applicability of Article 87(5) EPC
The position under the PCT
The EPO not party to TRIPS
Interpretation of Article 87 EPC - according to principles of public international law - in the light of obligations of contracting states under TRIPS
Catchword
-
for the fulltext please refer to G 0002/02