European Patent Convention
Type of Document: Treaties
International Organization: European Patent Organization
Year: 1973
Country: Albania, Austria, Belgium, Bulgaria, Croatia, Czechia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Latvia, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, North Macedonia, Norway, Netherlands, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom
The European Patent Convention establishes the European Patent Organization (EPO). The Convention (as revised in 1991 and 2000) and the Protocol on Privileges and Immunities, annexed to the Convention, regulate the privileges and immunities of EPO and its agents.
The Protocol on Privileges and Immunities annexed to this Convention shall define the conditions under which the Organisation, the members of the Administrative Council, the employees of the European Patent Office, and such other persons specified in that Protocol as take part in the work of the Organisation, shall enjoy, in each Contracting State, the privileges and immunities necessary for the performance of their duties (Article 8).
Within the scope of its official activities the Organisation shall have immunity from jurisdiction and execution, except
(a) to the extent that the Organisation shall have expressly waived such immunity in a particular case; (b) in the case of a civil action brought by a third party for damage resulting from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organisation, or in respect of a motor traffic offense involving such a vehicle; c) in respect of the enforcement of an arbitration award made under Article 23 (Article 3 of the Protocol).
Subject to the provisions of Article 6, the President of the European Patent Office shall enjoy the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961.
(2) However, immunity from jurisdiction shall not apply in the case of a motor traffic offense committed by the President of the European Patent Office or damage caused by a motor vehicle belonging to or driven by him (Article 13 of the Protocol).
The employees of the European Patent Office and Experts shall, even after their service has terminated, have immunity from jurisdiction in respect of acts, including words written and spoken, done in the exercise of their functions; this immunity shall not apply, however, in the case of a motor traffic offense committed by an employee of the European Patent Office, nor in the case of damage caused by a motor vehicle belonging to or driven by an employee (Articles 14 and 15 of the Protocol).
The President of the European Patent Office has the duty to waive immunity where he considers that such immunity prevents the nor- mal course of justice and that it is possible to dispense with such immunity without prejudicing the interests of the Organisation. The Administrative Council may waive immunity of the President for the same reasons (Article 19 of the Protocol).
The Organisation shall co-operate at all times with the competent authorities of the Contracting States in order to facilitate the proper administration of justice, to ensure the observance of police regulations and regulations concerning public health, labour inspection or other similar national legislation, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol (Article 20 of the Protocol)