Pages 192-201

INTERNATIONAL TREATIES

General

Synopsis of the territorial field of application of international patent treaties (Situation on 1 January 1992)

I. UNIVERSAL TREATIES

1. Paris Convention for the Protection of Industrial Property, of20 March 1883, revised at Brussels on 14 December 1900, at Washington on 2 June 1911, at The Hague on 6 November 1925, at London on 2 June 1934, at Lisbon on 31 October 1958 and at Stockholm on 14 July 1967*

Algeria, Stockholm

Argentina, Lisbon ¹

Stockholm ²

Australia, Stockholm

Austria, Stockholm

Bahamas, Lisbon ¹

Stockholm ²

Bangladesh, Stockholm

Barbados, Stockholm

Belgium, Stockholm

Benin, Stockholm

Brazil, The Hague¹

Stockholm ²

Bulgaria, Stockholm

Burkina Faso, Stockholm

Burundi, Stockholm

Cameroon, Stockholm

Canada, London ¹

Stockholm ²

Central African Republic, Stockholm

Chad, Stockholm

Chile, Stockholm

China, People's Republic of, Stockholm

Congo, Stockholm

Côte d'Ivoire, Stockholm

Cuba, Stockholm

Cyprus, Stockholm

Czechoslovakia, Stockholm

Denmark, Stockholm

Dominican Republic, The Hague

Egypt, Stockholm

Finland, Stockholm

France, Stockholm

Gabon, Stockholm

Gambia, Stockholm

Germany, Stockholm

Ghana, Stockholm

Greece, Stockholm

Guinea, Stockholm

Guinea-Bissau, Stockholm

Haiti, Stockholm

Hungary, Stockholm

Iceland, London ¹

Stockholm ²

Indonesia, London ¹

Stockholm ²

Iran, Lisbon

Iraq, Stockholm

Ireland, Stockholm

Israel, Stockholm

Italy, Stockholm

Japan, Stockholm

Jordan, Stockholm

Kenya, Stockholm

Korea, Democratic People's Republic of, Stockholm

Korea, Republic of, Stockholm

Lebanon, London ¹

Stockholm ²

Lesotho, Stockholm

Libya, Stockholm

Liechtenstein, Stockholm

Luxembourg, Stockholm

Madagascar, Stockholm

Malawi, Stockholm

Malaysia, Stockholm

Mali, Stockholm

Malta, Lisbon ¹

Stockholm ²

Mauritania, Stockholm

Mauritius, Stockholm

Mexico, Stockholm

Monaco, Stockholm

Mongolia, Stockholm

Morocco, Stockholm

Netherlands, Stockholm

New Zealand, London ¹

Stockholm ²

Niger, Stockholm

Nigeria, Lisbon

Norway, Stockholm

Philippines, Lisbon ¹

Stockholm ²

Poland, Stockholm

Portugal, Stockholm

Romania, Stockholm

Rwanda, Stockholm

San Marino, London

Senegal, Stockholm

South Africa, Stockholm

Soviet Union³, Stockholm

Spain, Stockholm

Sri Lanka, London ¹

Stockholm ²

Sudan, Stockholm

Suriname, Stockholm

Swaziland, Stockholm

Sweden, Stockholm

Switzerland, Stockholm

Syria, London

Tanzania, Lisbon ¹

Stockholm ²

Togo, Stockholm

Trinidad and Tobago, Stockholm

Tunisia, Stockholm

Turkey, London ¹

Stockholm ²

Uganda, Stockholm

United Kingdom, Stockholm

United States of America, Stockholm

Uruguay, Stockholm

Vatican, Stockholm

Viet Nam, Stockholm

Yugoslavia, Stockholm

Zaire, Stockholm

Zambia, Lisbon ¹

Stockholm ²

Zimbabwe, Stockholm

(Total: 103 States)

* Additional information relating in particular to the territorial field of application of the Paris Convention pursuant to Article 24 of the Convention is given in the January 1992 issue of Industrial Property.

¹ Articles 1 to 12.

² Articles 13 to 30.

³ Situation until 24 December 1991. On 6 January 1992, WIPO was informed officially by the Russian Federation that membership of the USSR is continued by the Russian Federation in all the conventions, agreements and other international legal instruments signed in the framework of WIPO or under its auspices, particularly the Paris Convention, the PCT and the Budapest Treaty (see Industrial Property, 1992, 48).

2. Patent Cooperation Treaty, done at Washington on 19 June 1970(PCT)

(Total: 49 States)

* The date on which ratification or accession took effect is indicated for each State.

¹ Is also a Contracting State of the EPC.

² Any designation of this State in an international application is treated in the same way as an indication of the wish to obtain a European patent designating such State (Art. 45(2) PCT).

³ Is also a Member State of the African Intellectual Property Organisation (OAPI). Any designation of this State in an international application is treated in the same way as a designation of all the other Member States of OAPI which are also parties to the PCT (Art. 45(2) PCT).

⁴ Is not bound by Chapter II PCT.

⁵ Has made the reservation provided for in Art. 64(2)(a)(ii) PCT.

⁶ Has made the reservation provided for in Art. 64(5) PCT.

⁷ Including all Overseas Departments and Territories.

⁸ Any designation of this State in an international application is treated in the same way as a joint designation of Switzerland and Liechtenstein (Art. 45(2) PCT in conjunction with Art. 3 of the Patent Treaty between Switzerland and Liechtenstein see OJ EPO 1980, 407).

⁹ Ratification for the Kingdom in Europe and the Netherlands Antilles/Aruba.

¹⁰ The Treaty extends to the territory of Hong Kong with effect from 15 April 1981 and to the Isle of Man with effect from 29 October 1983.

¹¹ Has made the reservation provided for in Art. 64(3)(a) and 64(4)(a) PCT.

¹² The Treaty extends to all areas for which this State has international responsibility.

¹³ Has made the reservation provided for in Art. 64(2)(a)(i) and (ii) PCT.

¹⁴ Situation until 24 December 1991. See footnote 3, page...

3. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on 28 April 1977

(Total: 23 States)

3.1 Declarations filed under Article 9(1)(a) of the Budapest Treaty byIntergovernmental Industrial Property Organisations²

European Patent Organisation (26.11.1980)³

* The date on which ratification or accession took effect is indicated for each State.

¹ Situation until 24 December 1991. See footnote 3, page...

² In accordance with the declaration the Organisation recognises, pursuant to Article 3(1)(a) of the Treaty, the fact and date of the deposit of a micro-organism made with an international depositary authority as well as the fact that what is furnished as a sample is a sample of the deposited micro-organism.

³ Date of effect; see OJ EPO 1980, 380.

For technical reasons, the tables embedded in this article are only available in the PDF version.

II. EUROPEAN CONVENTIONS

1. Convention on the Grant of European Patents of 5 October 1973 (EuropeanPatent Convention)

(Total: 16 States)

* The date ratification took effect is indicated for each State.

¹ Is also a Contracting State of the PCT.

² The EPC is also applicable to the French Southern and Antarctic territories, Wallis and Futuna and the Département St.-Pierre-et-Miquelon.

³ Has availed itself of the reservation provided for in Art. 167(2)(a) EPC relating to protection for pharmaceutical products as such (see OJ EPO 1986, 199). The period in respect of which this State has made reservations has, pursuant to Art. 167(3) EPC, been extended by five years (see OJ EPO 1987, 91).

⁴ Any designation of this State is treated in the same way as a joint designation of Switzerland and Liechtenstein (Art. 142(1) EPC in conjunction with Art. 2 of the Patent Treaty between Switzerland and Liechtenstein, see OJ EPO 1980, 407).

⁵ The EPC is not applicable to the territory of the Netherlands Antilles/Aruba.

⁶ Has availed itself of the reservations provided for in Art. 167(2)(a) EPC relating to protection for chemical and pharmaceutical products as such (see OJ EPO 1986, 199). The period in respect of which this State has made reservations has, pursuant to Art. 167(3) EPC, been extended by five years (see OJ EPO 1987, 93).

⁷ The EPC is also applicable to the Isle of Man. For further information on the registration of European patents (UK) in overseas States and territories (see OJ EPO 1988, 194).

⁸ The EPC does not apply to Greenland and the Faroe Islands.

For technical reasons, the tables embedded in this article are only available in the PDF version.

1.2 Microbiological experts recognised by the President of the EPO in accordancewith Rule 28, paragraph 5(b), EPC

The list of microbiological experts recognised by the President of the EPO in accordance with Rule 28(5)(b) EPC, with an indication of their fields of activity, was published in OJ EPO 1981, 359.

Amendments to the list were published in OJ EPO 1985, 373, 1986, 107 and 1990, 405. An updated list will be published during 1992.

2. Agreement relating to Community patents of 15 December 1989 Signatory States*

Belgium

Denmark

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

United Kingdom

(Total: 12 States)

3. Convention on the Unification of Certain Points of Substantive Law onPatents for Invention, of 27 November 1963

(Total: 11 States)

* In accordance with Article 10 of the Agreement, this Agreement will enter into force on the first day of the third month following the deposit of the instrument of ratification by the last of the twelve States to take this step.

** The date on which ratification took effect is indicated for each State.