Joint Declaration Agreement relating to Community patents
Date: 1989-12-15
Institutions: Council of the European Union, Representatives of the Governments of the Member States
Subjects: European Patent Office, European convention, European patent, common position, resolution (EU)













EUR-Lex - 41989X0695(07) - EN






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41989X0695(07)

Joint Declaration Agreement relating to Community patents  


Official Journal L 401 , 30/12/1989 P. 0057 - 0066 





JOINT DECLARATIONTHE GOVERNMENTS OF THE MEMBER  STATES OF THE EUROPEAN ECONOMIC COMMUNITYAt the time of signing the Agreement relating to  Community Patents. HAVE ADOPTED the following Resolutions attached as Annex I, the contents of which appeared in the  corresponding Resolutions attached to the Final Act of the 1975 Luxembourg Conference on the  Community Patent: - Resolution concerning prior use or possession, - Resolution on common rules on the granting of compulsory licences in respect of Community  patents; HAVE ADOPTED the following Declarations attached as Annex II, the contents of which appeared in the  Annex to the Joint Declaration adopted by the 1985 Luxembourg Conference on the Community Patent: - Declaration on the adjustment of national patent law, - Declaration on the operation of the Common Appeal Court during a transitional period; HAVE ADOPTED the following Decision attached as Annex III, the contents of which result from the  Decision on preparations for the commencement of activities of the special departments of the  European Patent Office, annexed to the Final Act of the 1975 Luxembourg Conference, and from the  supplementary Decision to the previously cited Decision, annexed to the Joint Declaration adopted  by the 1985 Luxembourg Conference: - Decision on preparations for the commencement of the activities of the special departments of the  European Patent Office and of the Common Appeal Court; HAVE ADOPTED the following Resolution and Declarations attached as Annex IV: - Declaration relating to the special agreements referred to in Article 7 (4) and Article 8 of the  Agreement relating to Community Patents, - Resolution on the establishment of the scale of renewal fees for Community patents, - Declaration on the jurisdiction rules in the Protocol on Litigation, - Declaration on a possible modification of the conditions of entry into force of the Agreement  relating to Community Patents. ANNEX I RESOLUTION CONCERNING PRIOR USE OR POSSESSION THE GOVERNMENTS OF THE MEMBER  STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Agreement relating to Community Patents, Desiring to enable those who have used or possessed an invention the subject-matter of a Community  patent before the date of filing or, where priority has been claimed, the date of priority of that  patent, to avail themselves under uniform conditions of a right, based on such use or possession,  throughout the territories of the Contracting States, Recognizing that fulfilment of this aim will require a revision of Article 37 of the Community  Patent Convention. HAVE DECIDED to commence in good time the procedure for revising this Agreement in order to create  a right, based on prior use or possession of an invention which is the subject-matter of a  Community patent, which shall have uniform effect throughout the territories of the Contracting  States. RESOLUTION ON COMMON RULES ON THE GRANTING OF COMPULSORY LICENCES IN RESPECT OF COMMUNITY PATENTS  THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Agreement relating to Community Patents, Desiring to reinforce the unitary character of Community patents by rules providing that compulsory  licences in respect of those patents are to be granted by common authorities on the basis of  criteria laid down in those rules, Recognizing nevertheless that it is necessary for the Contracting States to be able to grant  compulsory licences in respect of Community patents within the meaning of Article 45 (4) of the  Community Patent Convention, in the public interest, for example in the interest of national  defence, Whereas, with this proviso, the retention of powers of the national authorities to grant compulsory  licences in respect of Community patents can only be envisaged for a short transitional period  because of fundamental legislative differences affecting the free movement of goods protected by  patents and the elimination of the distortion of competition, HAVE DECIDED to commence the work, as soon as the Agreement enters into force, to enable the  Agreement to be supplemented by common rules on the granting of compulsory licences in respect of  Community patents. ANNEX II DECLARATION ON THE ADJUSTMENT OF NATIONAL PATENT LAW THE GOVERNMENTS OF THE  MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Agreement relating to Community Patents, Noting that since the signing of the Community Patent Convention of 15 December 1975 legislative  procedures have been completed in several Member States with a view to eliminating as far as  possible the differences between national patent law and the common system of law for patents  resulting from the the said Convention, TAKE NOTE of the undertaking by the Government of each Member State in which these procedures have  not been completed or are yet to be begun to endeavour to adjust its law relating to national  patents so as to bring it into conformity, as far as practicable, with corresponding provisions of  the European Patent Convention, the Agreement relating to Community Patents and the Patent  Cooperation Treaty. DECLARATION ON THE OPERATION OF THE COMMON APPEAL COURT DURING A TRANSITIONAL PERIOD THE  GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Agreement relating to Community Patents and, in particular, of the Protocol  on the Settlement of Litigation concerning the Infringement and Validity of Community Patents, Considering that, during a period of unforeseeable duration, the revenue derived from renewal fees  for the Community patent will be less than the cost of the additional tasks entrusted to the  European Patent Office and the expenditure resulting from the operation of the Common Appeal  Court, EXPRESS their firm intention to make every effort to ensure that, during this period, the Common  Appeal Court is set up progressively, with its numbers being paid on the basis of the member of  cases brought before it and staff being recruited in line with the increase in requirements, RECOMMEND the Administrative Committee to take these objectives into account in the decisions it  takes, in particular pursuant to Article 11 of the Protocol on the Settlement of Litigation  concerning the Infringement and Validity of Community Patents. ANNEX III DECISIONON PREPARATIONS FOR THE COMMENCEMENT OF THE ACTIVITIES OF THE  SPECIALDEPARTMENTS OF THE EUROPEAN PATENT OFFICE AND OF THE COMMON APPEAL COURTTHE GOVERNMENTS OF  THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Agreement relating to Community Patents, Having regard to the Decision of 15 December 1975 on preparations for the commencement of the  activities of the special departments of the European Patent Office, Having regard to the supplementary Decision to the above Decision, adopted on 18 December 1985, HAVE ADOPTED THE FOLLOWING DECISION: 1.  The Community Patent Interim Committee set up by the Decision of 15 December  1975 shall be confirmed. It shall comprise Representatives of all the Member States and of the  Commission of the European Communities; Articles 11, 12, 14 (2), 15, 17 and 18 (1) and (3) of the  Community Patent Convention shall apply mutatis mutandis. The Interim Committee may draw up Rules  of Procedure to supplement these provisions, 2.  It shall be the duty of the Interim Committee to take all preparatory measures to enable the  special departments of the European Patent Office and the Common Appeal Court to begin their  activities in due time. 3.  The preparations for the commencement of the activities of the special departments of the  European Patent Office and of the Common Appeal Court may be carried out by working parties. 4.  The Interim Committee may invite intergovernmental and international non-governmental  organizations to attend its meetings and those of the working parties as observers. 5.  The duty of the Interim Committee to prepare for the commencement of the activities of the  special departments of the European Patent Office shall cease when the Select Committee of the  Administrative Council meets pursuant to Article 84 (1) (a) of the Community Patent Convention. The  Interim Committee shall be disbanded when the Administrative Committee of the Common Appeal Court  meets for the first time.  ANNEX IV DECLARATION RELATING TO THE SPECIAL AGREEMENTS REFERRED TO IN ARTICLE 7 (4) AND  ARTICLE 8 OF THE AGREEMENT RELATING TO COMMUNITY PATENTS THE GOVERNMENTS OF THE MEMBER STATES OF  THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Protocol on a possible modification of the conditions of entry into force of  the Agreement relating to Community Patents, Considering that the creation of the Community patent system is inseparable from the attainment of  the objectives of the Treaty and thus linked with the Community legal order, RECOGNIZE that, if a special agreement within the meaning of Article 7 (4) or Article 8 of the  Agreement relating to Community Patents is to be negotiated before the latter is in force in  respect of all the Member States of the European Community, any signatory State which is not party  to the Agreement relating to Community Patents shall participate in the negotiations and the  conclusion of such a special agreement. RESOLUTION ON THE ESTABLISHMENT OF THE SCALE OF RENEWAL FEES FOR COMMUNITY PATENTS THE  GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Upon signature of the Agreement relating to Community Patents, Recognizing the financial costs of the arrangements for translation of the specifications of  Community patents to be borne by the proprietors of Community patents, INVITE the Select Committee of the Administrative Council of the European Patent Organization to  take due account of this factor among others when establishing the scale of renewal fees for  Community patents. 30. 12. 89Official Journal of the European CommunitiesDECLARATION ON THE JURISDICTION RULES IN  THE PROTOCOL ON LITIGATION THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, Upon signature of the Agreement relating to Community Patents, Noting the démarche by the Member States of the European Free Trade Association (EFTA) concerning  the provisions relating to jurisdiction in the Protocol on the Settlement of Litigation concerning  the Infringement and Validity of Community Patents, Desirous of preserving the unity of the legal system established by the Convention on Jurisdiction  and the Enforcement of Judgments in Civil and Commercial Matters, done at Lugano on 16 September  1988, EXPRESS their willingness to enter into negotiations with the Member States of EFTA at the earliest  opportunity with a view to concluding with those countries, before the entry into force of the  Protocol on Litigation, an instrument which, in accordance with the approach which emerged on 30  November 1989 from a preliminary contact between the Member States of the European Communities and  the Member States of EFTA, would be designed to: - consent to the non-application of Article 14 (2) of the Protocol on Litigation to defendants  domiciled in a Member State of EFTA that is a Contracting State to the Lugano Convention, - agree upon the exclusive jurisdiction of the Community patent courts established by the Protocol  on Litigation with regard to such defendants in proceedings concerned with infringement and  validity, - recognize the jurisdiction of the Community patent courts of the Member State of the European  Communities in which the Common Appeal Court will have its seat, to give judgment on the same  defendants for acts committed within the territory of any Member State of the European Communities  also where the plaintiff is domiciled within the territory of one of those States. DECLARATION ON A POSSIBLE MODIFICATION OF THE CONDITIONS OF ENTRY INTO FORCE OF THE AGREEMENT  RELATING TO COMMUNITY PATENTS Upon signature of the Protocol on a possible modification of the  conditions of entry into force of the Agreement relating to Community Patents, the Governments of  the Member States of the European Economic Community agree that if on 31 December 1991 the Protocol  has not yet entered into force a Conference of Representatives of the Governments of the Member  States of the European Economic Community shall be convened by the Presidency of the Council of the  European Communities in order to find unanimously the means of ensuring that the Community patent  system is implemented at the time of the completion of the Internal Market. En fe de lo cual los plenipotenciarios abajo firmantes, debidamente habilitados para este  fin, han firmado la presente Declaración común. Til bekraeftelse heraf har undertegnede befuldmaegtigede, som er behoerigt befuldmaegtigede hertil,  underskrevet denne faelleserklaering. Zu Urkund dessen haben die hierzu gehoerig befugten unterzeichneten Bevollmaechtigten diese  gemeinsame Erklaerung unterschrieben. Óaa ðssóôùóç ôùí áíùôÝñù ïé õðïãaaãñáììÝíïé ðëçñaaîïýóéïé, aeaaueíôùò aaîïõóéïaeïôçìÝíïé ðñïò ôïýôï,  õðÝãñáoeáí ôçí ðáñïýóá êïéíÞ aeÞëùóç. In witness whereof, the undersigned Plenipotentiaries, being duly authorized thereto, have signed  this Joint Declaration. En foi de quoi, les plénipotentiaires soussignés, dûment habilités à cette fin, ont signé la  présente déclaration commune. Dá fhianú sin, shínigh na Lánchumhachtaigh seo thíos, arna n-údarú go cuí chuige sin, an Dearbhú  Comhpháirteach seo. In fede di che, i plenipotenziari sottoscritti, debitamente abilitati a tale fine, hanno firmato la  presente dichiarazione comune. Ten blijke waarvan de ondergetekende gevolmachtigden, naar behoren daartoe gemachtigd, deze  Gemeenschappelijke Verklaring hebben ondertekend. Em fé do que, os plenipotenciários abaixo-assinados, devidamente habilitados para o efeito,  apuseram as suas assinaturas na presente Declaração Comum. Hecho en Luxemburgo, el quince de diciembre de mil novecientos ochenta y nueve. Udfaerdiget i Luxembourg, den femtende december nitten hundrede og niogfirs. Geschehen zu Luxemburg am fuenfzehnten Dezember neunzehnhundertneunundachtzig. ssAAãéíaa óôï Ëïõîaaìâïýñãï, óôéò aeÝêá ðÝíôaa AEaaêaaìâñssïõ ÷ssëéá aaííéáêueóéá ïãaeueíôá aaííÝá. Done at Luxembourg on the fifteenth day of December in the year one thousand nine hundred and  eighty-nine. Fait à Luxembourg, le quinze décembre mil neuf cent quatre-vingt-neuf. Arna dhéanamh i Lucsamburg, an cúigiú lá déag de mhí na Nollag míle naoi gcéad ochtó a naoi. Fatto a Lussemburgo, addì quindici dicembre millenovecentottantanove. Gedaan te Luxemburg, de vijftiende december negentienhonderd negenentachtig. Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenta e nove. Pour le gouvernement du royaume de BelgiqueVoor de Regering van het Koninkrijk BelgiëFor  regeringen for Kongeriget DanmarkFuer die Regierung der Bundesrepublik DeutschlandÃéá ôçí  êõâÝñíçóç ôçò AAëëçíéêÞò AEçìïêñáôssáòPor el Gobierno del Reino de EspañaPour le gouvernement de la  République françaiseFor the Government of IrelandThar ceann Rialtas na hÉireannPer il governo  della Repubblica italianaPour le gouvernement du grand-duché de LuxembourgVoor de Regering van  het Koninkrijk der NederlandenPelo Governo da República PortuguesaFor the Government of the  United Kingdom of Great Britain and Northern Ireland FINAL ACT OF THE CONFERENCE ON THE COMMUNITY PATENT THE REPRESENTATIVES OF THE  GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, Assembled at Luxembourg on the fifteenth day of December in the year one thousand nine hundred and  eighty-nine on the occasion of the Luxembourg Conference on the Community Patent, HAVE PLACED on record the fact that they have drawn up the following texts and, by appending their  initials to them, have adopted them so that they may be open for signing from today until 21  December 1989 by the Plenipotentiaries of the Member States meeting within the Council of the  European Communities: - Agreement relating to Community Patents, - Protocol on a possible modification of the conditions of entry into force of the Agreement  relating to Community Patents, - Joint Declaration by the Governments of the Member States; HAVE TAKEN NOTE of the following Declaration made by the Italian delegation: The Italian Government reserves the right to submit for ratification by Parliament any decision  adopted by the Conference as provided for in Article 1 of the Protocol on a possible modification  of the conditions of entry into force of the Agreement relating to Community Patents. En fe de lo cual los representantes abajo firmantes han suscrito la presente Acta  final. Til bekraeftelse heraf har undertegnede repraesentanter underskrevet denne slutakt. Zu Urkund dessen haben die unterzeichneten Vertreter ihre Unterschrift unter diese Schlussakte  gesetzt. Óaa ðssóôùóç ôùí áíùôÝñù ïé õðïãaaãñáììÝíïé õðÝãñáoeáí ôçí ðáñïýóá ôaaëéêÞ ðñUEîç. In witness whereof, the undersigned Representatives have affixed their signatures below this Final  Act. En foi de quoi, les représentants soussignés ont apposé leurs signatures au bas du présent acte  final. Dá fhianú sin, chuir na hIonadaithe thíos-sínithe a lámh leis an Ionstraim Chríochnaitheach seo. In fede di che, i rappresentanti sottoscritti hanno apposto le loro firme in calce al presente atto  finale. Ten blijke waarvan de ondergetekende vertegenwoordigers hun handtekening onder deze Slotakte hebben  gesteld. Em fé do que, os representantes abaixo-assinados apuseram as suas assinaturas no fim da presente  Acta Final. Hecho en Luxemburgo, el quince de diciembre de mil novecientos ochenta y nueve. Udfaerdiget i Luxembourg, den femtende december nitten hundrede og niogfirs. Geschehen zu Luxemburg am fuenfzehnten Dezember neunzehnhundertneunundachtzig. ssAAãéíaa óôï Ëïõîaaìâïýñãï, óôéò aeÝêá ðÝíôaa AEaaêaaìâñssïõ ÷ssëéá aaííéáêueóéá ïãaeueíôá aaííÝá. Done at Luxembourg on the fifteenth day of December in the year one thousand nine hundred and  eighty-nine. Fait à Luxembourg, le quinze décembre mil neuf cent quatre-vingt-neuf. Arna dhéanamh i Lucsamburg, an cúigiú lá déag de mhí na Nollag míle naoi gcéad ochtó a naoi. Fatto a Lussemburgo, addì quindici dicembre millenovecentottantanove. Gedaan te Luxemburg, de vijftiende december negentienhonderd negenentachtig. Feito no Luxemburgo, em quinze de Dezembro de mil novecentos e oitenta e nove. Pour le gouvernement du royaume de BelgiqueVoor de Regering van het Koninkrijk BelgiëFor  regeringen for Kongeriget DanmarkFuer die Regierung der Bundesrepublik DeutschlandÃéá ôçí  êõâÝñíçóç ôçò AAëëçíéêÞò AEçìïêñáôssáòPor el Gobierno del Reino de EspañaPour le gouvernement de la  République françaiseFor the Government of IrelandThar ceann Rialtas na hÉireannPer il governo  della Repubblica italianaPour le gouvernement du grand-duché de LuxembourgVoor de Regering van  het Koninkrijk der NederlandenPelo Governo da República PortuguesaFor the Government of the  United Kingdom of Great Britain and Northern Ireland