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mardi 29 janvier 2008

Ratification du Protocole de Londres le 1er mai 2008

Les blogs "IP Kat", "IP Jur" et "IAm" rapportent des bruits selon lesquels la France aurait déposé les instruments de ratification du Protocole de Londres ce jour.

Si ces rumeurs se confirment, le Protocole entrerait en vigueur le 1er mai 2008.

Actualisation 30/01/2008 : les rumeurs sont confirmées (voir le communiqué de l'OEB). Le Protocole de Londres entrera donc en vigueur le 1er mai 2008.

Les pays concernés sont pour le moment : CH, DE, FR, GB, HR, IS, LI, LU, LV, MC, NL, SI.

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3 commentaires:

Lorenzo a dit…

When the London Agreement is in force, which acts must perform a propietor to confirm the patent in the designated state? For example, in the UK, that already did not require a traslation of the patent, no acts were performed. In Italy, the propietor, before London Agreement, had to file the translation. In this way the national office was aware that a national patent was in force, coming from a european patent. A third party could, so, verify that a european patent was confirmed in Italy. If no acts are performed before the national office, where lies the right of third parties? How can a third party be aware of the patent in the specific designated state?
Thank you

Lorenzo a dit…

When the London Agreement is in force, which acts must perform a propietor to confirm the patent in the designated state? For example, in the UK, that already did not require a traslation of the patent, no acts were performed. In Italy, the propietor, before London Agreement, had to file the translation. In this way the national office was aware that a national patent was in force, coming from a european patent. A third party could, so, verify that a european patent was confirmed in Italy. If no acts are performed before the national office, where lies the right of third parties? How can a third party be aware of the patent in the specific designated state?
Thank you

Anonyme a dit…

For those states which do not have english, french or german as an official language (for example NL, the case of IT is different since it has not ratified the London Protocol), the state must specify an official language out of these 3 languages in which to file the translation.

So, if NL chooses english, a french patentee whose patent is in french must file an english translation of the patent before the Dutch patent office.

When no translation is to be filed, the only way is to wait and see if annual fees are paid in the state.

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