Pages 178-189

INTERNATIONAL TREATIES

General

Synopsis of the territorial field of application of international patent treaties (situation on 1 March 1997)

I. UNIVERSAL TREATIES

1. Paris Convention for the Protection of Industrial Property, of 20 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*

Albania, Stockholm

Algeria, Stockholm

Argentina, Lisbon¹

Stockholm²

Armenia, Stockholm

Australia, Stockholm

Austria, Stockholm

Azerbaijan, Stockholm

Bahamas, Lisbon¹

Stockholm²

Bangladesh, Stockholm

Barbados, Stockholm

Belarus, Stockholm

Belgium, Stockholm

Benin, Stockholm

Bolivia, Stockholm

Bosnia and Herzegovina, Stockholm

Brazil, Stockholm

Bulgaria, Stockholm

Burkina Faso, Stockholm

Burundi, Stockholm

Cameroon, Stockholm

Canada, Stockholm

Central African Republic, Stockholm

Chad, Stockholm

Chile, Stockholm

China, Stockholm

Colombia, Stockholm

Congo, Stockholm

Costa Rica, Stockholm

Côte d'Ivoire, Stockholm

Croatia, Stockholm

Cuba, Stockholm

Cyprus, Stockholm

Czech Republic, Stockholm

Denmark, Stockholm

Dominican Republic, The Hague

Egypt, Stockholm

El Salvador, Stockholm

Estonia, Stockholm

Finland, Stockholm

France, Stockholm

Gabon, Stockholm

Gambia, Stockholm

Georgia, Stockholm

Germany, Stockholm

Ghana, Stockholm

Greece, Stockholm

Guinea, Stockholm

Guinea-Bissau, Stockholm

Guyana, Stockholm

Haiti, Stockholm

Honduras, Stockholm

Hungary, Stockholm

Iceland, Stockholm

Indonesia, London¹

Stockholm²

Iran (Islamic Republic of), Lisbon

Iraq, Stockholm

Ireland, Stockholm

Israel, Stockholm

Italy, Stockholm

Japan, Stockholm

Jordan, Stockholm

Kazakstan, Stockholm

Kenya, Stockholm

Korea, Democratic People's Republic of, Stockholm

Korea, Republic of, Stockholm

Kyrgyzstan, Stockholm

Latvia, Stockholm

Lebanon, London¹

Stockholm²

Lesotho, Stockholm

Liberia, Stockholm

Libya, Stockholm

Liechtenstein, Stockholm

Lithuania, Stockholm

Luxembourg, Stockholm

Macedonia (the former Yugoslav Republic of), Stockholm

Madagascar, Stockholm

Malawi, Stockholm

Malaysia, Stockholm

Mali, Stockholm

Malta, Lisbon¹

Stockholm²

Mauritania, Stockholm

Mauritius, Stockholm

Mexico, Stockholm

Moldova, Republic of, Stockholm

Monaco, Stockholm

Mongolia, Stockholm

Morocco, Stockholm

Netherlands, Stockholm

New Zealand, London¹

Stockholm²

Nicaragua, Stockholm

Niger, Stockholm

Nigeria, Lisbon

Norway, Stockholm

Panama, Stockholm

Paraguay, Stockholm

Peru, Stockholm

Philippines, Lisbon¹

Stockholm²

Poland, Stockholm

Portugal, Stockholm

Romania, Stockholm

Russian Federation, Stockholm

Rwanda, Stockholm

Saint Kitts and Nevis, Stockholm

Saint Lucia, Stockholm

Saint Vincent and the Grenadines, Stockholm

San Marino, Stockholm

Senegal, Stockholm

Singapore, Stockholm

Slovakia, Stockholm

Slovenia, Stockholm

South Africa, Stockholm

Spain, Stockholm

Sri Lanka, London¹

Stockholm²

Sudan, Stockholm

Suriname, Stockholm

Swaziland, Stockholm

Sweden, Stockholm

Switzerland, Stockholm

Syria, London

Tajikistan, Stockholm

Tanzania, United Republic of, Lisbon¹

Stockholm²

Togo, Stockholm

Trinidad and Tobago, Stockholm

Tunisia, Stockholm

Turkey, Stockholm

Turkmenistan, Stockholm

Uganda, Stockholm

Ukraine, Stockholm

United Arab Emirates, Stockholm

United Kingdom, Stockholm

United States of America, Stockholm

Uruguay, Stockholm

Uzbekistan, Stockholm

Vatican, Stockholm

Venezuela, Stockholm

Viet Nam, Stockholm

Yugoslavia, Stockholm

Zaire, Stockholm

Zambia, Lisbon¹

Stockholm²

Zimbabwe, Stockholm

(Total: 140 states)

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* 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 1997 issue of Industrial Property and Copyright.

¹ Articles 1 to 12.

² Articles 13 to 30.

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

(Total: 90 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 regional 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 PCT Chapter II.

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, the Netherlands Antilles and Aruba; see, however, footnote 4 to II.1. European Patent Convention.

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 Extends to all areas for which the United States of America has international responsibility.

¹³ Date of ratification of the Soviet Union, continued by the Russian Federation as from 25 December 1991.

¹⁴ Is also a contracting state of the African Regional Industrial Property Organization (ARIPO).

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: 38 states)

3.1 Declarations filed under Article 9(1)(a) of the Budapest Treaty by Intergovernmental 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 Date of ratification of the Soviet Union, continued by the Russian Federation as from 25 December 1991.

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, some of the text in this article is only available in the PDF version.

4. Vienna Convention on the Law of Treaties of 23 May 1969

The EPC contracting states also parties to the Vienna Convention on the Law of Treaties are thus now as follows:

Austria

Belgium

Denmark

Finland

Germany

Greece

Italy

Liechtenstein

Netherlands

Spain

Sweden

Switzerland

United Kingdom

(Total: 13 states)

II. EUROPEAN CONVENTIONS

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

(Total: 18 states)

1.1 Agreements on co-operation in the field of patents / Extension Agreements

(Total: 5 states)

* Instruments of ratification to the Act revising Article 63 of the EPC deposited for:

Article 63 EPC as amended will enter into force on 04.07.1997 at the latest.

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

*** Date of entry into force of the extension agreements.

¹ Is also a contracting state of the PCT.

² The EPC is also applicable to the French territorial entity of Mayotte and the overseas territories.

³ 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).

⁴ The EPC is not applicable to the territory of the Netherlands Antilles/Aruba.

⁵ 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 1992, 333.

⁶ The EPC does not apply to Greenland and the Faroe Islands.

1.2 Biological material depositary institutions recognised for the purposes of Rules 28 and 28a EPC

(a) International depositary authorities under the Budapest Treaty, indicated in I.3.2 above.

(b) The following depositary institutions, recognised under an agreement with the EPO:

1.3 Microbiological experts recognised by the President of the EPO in accordance with 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 1992, 470.

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 on Patents 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 Agreement has so far been ratified by DE, DK, FR, GB, GR, LU and NL.

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