120-715: The European Patent Office ( EPO ) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council . The EPO acts as executive body for the organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention lies with
240-422: A European Court of Justice ruling in 1999 stated that fishing rights (or fishing permits) are not goods, but a provision of service. The ruling further explains that, both capital and service can be valued in money and are capable of forming the subject of commercial transactions, but they are not goods. Council Regulation (EC) 2679/98 of 7 December 1998, on the functioning of the internal market in relation to
360-529: A clearing system , TARGET , for large euro transactions. The final stage of completely free movement of capital was thought to require a single currency and monetary policy , eliminating the transaction costs and fluctuations of currency exchange. Following a Report of the Delors Commission in 1988, the Treaty of Maastricht made economic and monetary union an objective, first by completing
480-699: A "deterrent effect on portfolio investments" and reducing "the attractiveness of an investment". This suggested the Court's preference that a government, if it sought public ownership or control, should nationalise in full the desired proportion of a company in line with TFEU article 345. Capital within the EU may be transferred in any amount from one country to another (except that Greece currently has capital controls restricting outflows, and Cyprus imposed capital controls between 2013 and April 2015). All intra-EU transfers in euro are considered as domestic payments and bear
600-608: A Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively". In a 2003 case, Commission v Italy Italian law required that cocoa products that included other vegetable fats could not be labelled as "chocolate". It had to be "chocolate substitute". All Italian chocolate
720-791: A Boards of Appeal Unit, acting as the EPO's judiciary. According to Sir Robin Jacob , the members of the EPO Boards of Appeal are "judges in all but name". The European Patent Office does not make decisions on infringement matters. National courts have jurisdiction over infringement matters regarding European patents . Regarding the validity of European patents however, both the European Patent Office during opposition proceedings ( Article 99 EPC ) and national courts during nullity proceedings ( Article 138 EPC ) may decide to revoke
840-475: A Dutch lawyer moved to Belgium while advising a client in a social security case, and was told he could not continue because Dutch law said only people established in the Netherlands could give legal advice. The Court of Justice held that the freedom to provide services applied, it was directly effective, and the rule was probably unjustified: having an address in the member state would be enough to pursue
960-590: A European patent. In the international procedure according to the Patent Cooperation Treaty (PCT), the European Patent Office acts as a Receiving Office, an International Searching Authority (ISA), an International Preliminary Examining Authority (IPEA) and, with effect from 1 July 2010, as a so-called Supplementary International Searching Authority (SISA). The Patent Cooperation Treaty (PCT) provides an international procedure for handling patent applications, called international applications, during
1080-637: A branch in Rijswijk (near The Hague , Netherlands ), sub-offices in Berlin , Germany, and Vienna , Austria , and a "liaison bureau" in Brussels , Belgium . The Administrative Council is made up of Representatives and alternate Representatives of the Contracting States and is responsible for overseeing the work of the European Patent Office, ratifying the budget and approving the actions of
1200-441: A bundle of national patents. Patents granted by the EPO can, however, be challenged centrally at the EPO via opposition proceedings . Besides granting European patents, the EPO is also in charge of establishing patentability search reports for national patent applications on behalf of the patent offices of France, Netherlands, Belgium, Luxembourg, Italy, Turkey, Greece, Cyprus, Malta, San Marino, Lithuania, Latvia and Monaco. Since
1320-689: A co-operation known as the "five IP offices" or IP5. On 27 April 2017, the EPO and the Eurasian Patent Organization (EAPO) signed a program enabling increased work-sharing and accelerated treatment of patent applications between both patent offices. The agreement, known as the Patent Prosecution Highway (PPH), was signed by the presidents of the EPO and EAPO in Munich . The EAPO president Saule Tlevlessova stated, "The signing of this bilateral PPH agreement opens
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#17327569780521440-768: A company from shifting its central administration to Italy while it still operated and was incorporated in Hungary. Thus, the court draws a distinction between the right of establishment for foreign companies (where restrictions must be justified), and the right of the state to determine conditions for companies incorporated in its territory, although it is not entirely clear why. The "freedom to provide services" under TFEU article 56 applies to people who provide services "for remuneration", especially in commercial or professional activity. For example, in Van Binsbergen v Bestuur van de Bedrijfvereniging voor de Metaalnijverheid
1560-570: A company in the UK could admittedly provide services in Denmark without being established there, and there were less restrictive means of achieving the aim of creditor protection. This approach was criticised as potentially opening the EU to unjustified regulatory competition , and a race to the bottom in standards, like in the US where the state of Delaware attracts most companies and is often argued to have
1680-582: A company moving its seat of business, without infringing TFEU article 49. This meant the Daily Mail newspaper's parent company could not avoid tax by shifting its residence to the Netherlands without first settling its tax bills in the UK. The UK did not need to justify its action, as rules on company seats were not yet harmonised. By contrast, in Centros Ltd v Erhversus-og Selkabssyrelsen
1800-631: A disagreement between the science community and the Dutch government whether niacin in cheese posed a public risk. As public risk falls under article 36, meaning that a quantitative restriction can be imposed, it justified the import restriction against the Eyssen cheese company by the Dutch government. More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules. So, in Schmidberger v Austria
1920-463: A high level of protection and improvement of the quality of the environment, with also promoting scientific and technological advance. Even as the Lisbon Treaty came into force in 2009, however, some areas pertaining to parts of the four freedoms (especially in the field of services) had not yet been completely opened. Those, along with further work on the economic and monetary union, would see
2040-675: A lawyer from Stuttgart , who had set up chambers in Milan and was censured by the Milan Bar Council for not having registered, should claim for breach of establishment freedom, rather than service freedom. However, the requirements to be registered in Milan before being able to practice would be allowed if they were non-discriminatory, "justified by imperative requirements in the general interest" and proportionately applied. All people or entities that engage in economic activity, particularly
2160-605: A lawyer to the Belgian bar because he lacked Belgian nationality was unjustified. TFEU article 49 says states are exempt from infringing others' freedom of establishment when they exercise "official authority", but this did an advocate's work (as opposed to a court's) was not official. By contrast in Commission v Italy the Court of Justice held that a requirement for lawyers in Italy to comply with maximum tariffs unless there
2280-452: A mandatory requirement. Harmonisation would only be used to overcome barriers created by trade restrictions which survived the Cassis mandatory requirements test, and to ensure essential standards where there was a risk of a race to the bottom . Thus, harmonisation was largely used to ensure basic health and safety standards were met. By 1992 about 90% of the issues had been resolved and in
2400-449: A new page in the history of EAPO-EPO co-operation, and will serve to benefit applicants and our offices." Currently, the EPO offers three types of cooperation agreements with non-member states : The main staff union active within the EPO is the "Staff Union of the European Patent Office" (SUEPO). As an international organization, EPO enjoys immunity and national courts have—in principle—no jurisdiction regarding disputes in which EPO
2520-509: A presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in the same manner in fact. In Keck and Mithouard two importers claimed that their prosecution under a French competition law , which prevented them from selling Picon beer under wholesale price, was unlawful. The aim of the law was to prevent cut throat competition , not to hinder trade. The Court of Justice held, as "in law and in fact" it
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#17327569780522640-906: A single market. The White Paper was well received and led to the adoption of the Single European Act , a treaty which reformed the decision-making mechanisms of the EEC and set a deadline of 31 December 1992 for the completion of a single market. In the end, it was launched on 1 January 1993. The new approach, pioneered at the Delors Commission, combined positive and negative integration, relying upon minimum rather than exhaustive harmonisation. Negative integration consists of prohibitions imposed on member states banning discriminatory behaviour and other restrictive practices. Positive integration consists of approximating laws and standards. Especially important (and controversial) in this respect
2760-565: A slight increase on previous years. In 2019, the EPO spent over EUR 5 million on talent development activities , with 94% of staff receiving at least one training activity during the year. The premises of the European Patent Office enjoy a form of extraterritoriality . In accordance with the Protocol on Privileges and Immunities, which forms an integral part of the European Patent Convention under Article 164(1) EPC ,
2880-571: Is a customs duty if it is proportionate to the value of the goods; if it is proportionate to the quantity, it is a charge having equivalent effect to a customs duty. There are three exceptions to the prohibition on charges imposed when goods cross a border, listed in Case 18/87 Commission v Germany. A charge is not a customs duty or charge having equivalent effect if: Article 110 of the TFEU provides: No Member State shall impose, directly or indirectly, on
3000-627: Is a party. Labour disputes can be submitted by employees to the Administrative Tribunal of the International Labour Organization (ILOAT). Courts in the Netherlands have however on occasion taken jurisdiction when it found a breach of fundamental principles of human rights, based on European Court of Human Rights case law. Jurisdiction was assumed for example because the ILOAT procedure (of over 3 years)
3120-572: Is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention (EPC) of 1973. The European Patent Organisation has its seat at Munich , Germany , and has administrative and financial autonomy. The organisation is independent from the European Union , and has as member states all 27 EU member states along with 12 other European states. The evolution of
3240-599: Is also true in the context of the UK's National Health Service . Aside from public services, another sensitive field of services are those classified as illegal. Josemans v Burgemeester van Maastricht held that the Netherlands' regulation of cannabis consumption, including the prohibitions by some municipalities on tourists (but not Dutch nationals) going to coffee shops , fell outside article 56 altogether. The Court of Justice reasoned that narcotic drugs were controlled in all member states, and so this differed from other cases where prostitution or other quasi-legal activity
3360-495: Is directed by a president, who is responsible for its activities to the Administrative Council. The president also represents the European Patent Organisation. The president has therefore a dual role: representative of the European Patent Organisation and head of the European Patent Office. The President of the European Patent Office is appointed by the Administrative Council. A majority of three-quarters of
3480-407: Is hoped to avoid a regulatory " race to the bottom ", while allowing consumers access to goods from around the continent. Free movement of capital was traditionally seen as the fourth freedom, after goods, workers and persons, services and establishment. The original Treaty of Rome required that restrictions on free capital flows only be removed to the extent necessary for the common market. From
3600-419: Is imposed unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having an equivalent effect... even if it is not imposed for the benefit of the state, is not discriminatory or protective in effect and if the product on which the charge is imposed is not in competition with any domestic product. A charge
3720-407: Is submitted within two months if the language of filing is not an EPO official language. The official language in which the application is filed or into which it is translated is taken to be the language of the proceedings and the application is published in that language. Documentary evidence may also be submitted in any language, although the EPO may require a translation. Some Contracting States to
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3840-601: Is the adoption of harmonising legislation under Article 114 of the Treaty on the Functioning of the European Union (TFEU). The commission also relied upon the European Court of Justice 's Cassis de Dijon jurisprudence, under which member states were obliged to recognise goods which had been legally produced in another member state, unless the member state could justify the restriction by reference to
3960-526: The Administrative Council , which acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States. Besides, the Boards of Appeal , which do not form an independent organ of the Organisation but are integrated within
4080-535: The Capital Movement Directive 1988 , Annex I, 13 categories of capital which must move free are covered. In Baars v Inspecteur der Belastingen Particulieren the Court of Justice held that for investments in companies, the capital rules, rather than freedom of establishment rules, were engaged if an investment did not enable a "definite influence" through shareholder voting or other rights by
4200-474: The Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13, Brenner Autobahn , en route to Italy. Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that freedom of association is one of the "fundamental pillars of a democratic society", against which
4320-531: The Court of Justice held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article 34. This meant that a Belgian law requiring Scotch whisky imports to have a certificate of origin was unlikely to be lawful. It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought
4440-450: The Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products. While the bans have remained (justifiable under article 36 or as a mandatory requirement) the Court emphasised that complete marketing bans could be disproportionate if advertising were "the only effective form of promotion enabling [a trader] to penetrate" the market. In Konsumentombudsmannen v Gourmet AB
4560-464: The European Union is achieved by a customs union and the principle of non-discrimination. The EU manages imports from non-member states, duties between member states are prohibited, and imports circulate freely. In addition under the Treaty on the Functioning of the European Union article 34, 'Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States'. In Procureur du Roi v Dassonville
4680-655: The European internal market or the European common market , is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland , Liechtenstein , Norway (through the Agreement on the European Economic Area ), and Switzerland (through sectoral treaties ). The single market seeks to guarantee the free movement of goods , capital , services , and people , known collectively as
4800-425: The European patent with unitary effect (also called "unitary patent") entered into force on 1 June 2023, some administrative tasks relating thereto are performed by the EPO. Those tasks include the collection of renewal fees and registration of unitary effect upon grant, exclusive licenses and statements that licenses are available to any person. Decisions of the EPO regarding the unitary patent are open to appeal to
4920-606: The Eurozone crisis . According to TFEU articles 119 and 127, the objective of the European Central Bank and other central banks ought to be price stability . This has been criticised for apparently being superior to the objective of full employment in the Treaty on European Union article 3. Within the building on the Investment Plan for Europe, for a closer integration of capital markets, in 2015,
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5040-519: The Scotch . This "wide test", to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as the former " Buy Irish " company that had government appointees. It also means states can be responsible for private actors. For instance, in Commission v France French farmer vigilantes were continually sabotaging shipments of Spanish strawberries , and even Belgian tomato imports. France
5160-718: The Treaty of Maastricht , now in TFEU article 63, "all restrictions on the movement of capital between the Member States and between Member States and third countries shall be prohibited". This means capital controls of various kinds are prohibited, including limits on buying currency, limits on buying company shares or financial assets, or government approval requirements for foreign investment . By contrast, taxation of capital, including corporate tax , capital gains tax and financial transaction tax , are not affected so long as they do not discriminate by nationality. According to
5280-567: The Unified Patent Court (UPC), rather than to the EPO Boards of Appeal . The European Patent Office is not a legal entity as such, but an organ of the European Patent Organisation, which has a legal personality . The EPO headquarters are located in Munich , Germany. The EPO has also a branch in Rijswijk , Netherlands, near The Hague , sub-offices in Berlin , Germany, and Vienna , Austria, and an office for liaison with
5400-575: The United Kingdom (see European Patent Convention article for the dates of entry in force in each country). That is, all EU member states are also members of the European Patent Organisation, and, additionally, Albania, Iceland, Liechtenstein, Monaco, Montenegro, North Macedonia, Norway, San Marino, Serbia, Switzerland, Turkey, and the United Kingdom are also members of the European Patent Organisation. The most recent member state to join
5520-551: The free movement of goods among the Member States, was aimed at preventing obstacles to the free movement of goods attributable to "action or inaction" by a Member State. The regulation empowered the Commission to request intervention by a Member State when the actions of private individuals were creating an "obstacle" to free movement of goods. A resolution was adopted by the Council and member state government representatives on
5640-420: The "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow. Any potential EU accession candidates are required to agree to association agreements with the EU during the negotiation, which must be implemented prior to accession. In addition, through three individual agreements on a Deep and Comprehensive Free Trade Area (DCFTA) with
5760-401: The "freedom of establishment" in article 49, and " freedom to provide services " in article 56. In Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano the Court of Justice held that to be "established" means to participate in economic life "on a stable and continuous basis", while providing "services" meant pursuing activity more "on a temporary basis". This meant that
5880-620: The Commission adopted the Action Plan on Building a Capital Markets Union (CMU) setting out a list of key measures to achieve a true single market for capital in Europe, which deepens the existing Banking Union, because this revolves around disintermediated, market-based forms of financing, which should represent an alternative to the traditionally predominant (in Europe) bank-based financing channel. The EU's political and economic context call for strong and competitive capital markets to finance
6000-426: The Contracting States themselves when meeting at a Conference of the Contracting States. Within the European Patent Office, examiners are notably in charge of studying European patent applications, filed by applicants, to decide whether to grant a patent for an invention. The patents granted by the European Patent Office are called European patents. The European Patent Office (EPO) grants European patents covering
6120-399: The Contracting States to the European Patent Convention and several other states that have concluded extension and validation agreements with the EPO. The EPO provides a single patent grant procedure , but not a single patent from the point of view of enforcement. Hence a patent granted by the EPO is not a single or unitary European Union patent or uniformly recognised Europe-wide patent, but
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#17327569780526240-609: The Court of Justice found that a UK limited company operating in Denmark could not be required to comply with Denmark's minimum share capital rules. UK law only required £1 of capital to start a company, while Denmark's legislature took the view companies should only be started up if they had 200,000 Danish krone (around €27,000) to protect creditors if the company failed and went insolvent . The Court of Justice held that Denmark's minimum capital law infringed Centros Ltd's freedom of establishment and could not be justified, because
6360-399: The Court reasoned that the prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market ". It would require justification under article 36, or as a mandatory requirement. In contrast to product requirements or other laws that hinder market access , the Court of Justice developed
6480-535: The Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the national courts would decide whether it was justified under article 36 to protect public health. Under the Unfair Commercial Practices Directive ,
6600-538: The Dutch prohibition pursued a legitimate aim to prevent "undesirable developments in securities trading" including protecting the consumer from aggressive sales tactics, thus maintaining confidence in the Dutch markets. In Omega Spielhallen GmbH v Bonn a "laserdrome" business was banned by the Bonn council. It bought fake laser gun services from a UK firm called Pulsar Ltd, but residents had protested against "playing at killing" entertainment. The Court of Justice held that
6720-520: The EPC was Montenegro which did so on 1 October 2022. In addition, there is one "extension state", Bosnia and Herzegovina , which is not a Contracting State to the EPC but has signed an extension agreement under which the protection conferred by European patent applications and patents is extended to the relevant country. Slovenia, Romania, Lithuania, Latvia, Croatia, North Macedonia, Albania, Serbia, and Montenegro were all extension states prior to joining
6840-617: The EPC, also called member states of the European Patent Organisation: Albania , Austria , Belgium , Bulgaria , Croatia , Cyprus , Czech Republic , Denmark , Estonia , Finland , France , Germany , Greece , Hungary , Iceland , Ireland , Italy , Latvia , Liechtenstein , Lithuania , Luxembourg , Malta , Monaco , Montenegro , Netherlands , North Macedonia , Norway , Poland , Portugal , Romania , San Marino , Serbia , Slovakia , Slovenia , Spain , Sweden , Switzerland , Turkey , and
6960-537: The EPC. Furthermore, there are so-called "validation states", which are not Contracting States to the EPC but have signed validation agreements that act similarly to the extension agreements to extend the protection of European patent applications and European patents. Morocco, Moldova, Tunisia, Cambodia, and Georgia became validation states on 1 March 2015, 1 November 2015, 1 December 2017, 1 March 2018, and 15 January 2024, respectively. EU internal market The European single market , also known as
7080-614: The EPO as "totally inappropriate" and accused the staff union of "abusing a personal tragedy and inciting controversy". The EPO staff union SUEPO said that a direct link between the suicide and the working conditions had not been demonstrated but that the Dutch Labour Inspectorate should be given the opportunity of investigating the matter. In June 2018, the German Federal Court of Auditors (German: Bundesrechnungshof ) and financial experts criticized
7200-481: The EU economy. The CMU project is a political signal to strengthen the single market as a project of all 28 Member States, instead of just the Eurozone countries, and sent a strong signal to the UK to remain an active part of the EU, before Brexit. As well as creating rights for "workers" who generally lack bargaining power in the market, the Treaty on the Functioning of the European Union or TFEU also protects
7320-667: The EU external border goods may circulate freely between member states. Under the operation of the Single European Act , customs border controls between member states have been largely abandoned. Physical inspections on imports and exports have been replaced mainly by audit controls and risk analysis. Article 30 of the TFEU prohibits not only customs duties but also charges having equivalent effect. The European Court of Justice defined "charge having equivalent effect" in Commission v Italy . [A]ny pecuniary charge, however small and whatever its designation and mode of application, which
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#17327569780527440-420: The EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour, is misleading or aggressive, and sets out a list of examples that count as unfair. Increasingly, states have to give mutual recognition to each other's standards of regulation, while the EU has attempted to harmonise minimum ideals of best practice. The attempt to raise standards
7560-719: The EU institutions in Brussels , Belgium. At the end of 2019, the European Patent Office had a staff of 6 608 (with 3 675 based in Munich, 2 624 in Rijswijk, 227 in Berlin, 87 in Vienna and 3 in Brussels). The EPO comprised staff from 35 different nationalities, with 74% having a nationality different from that of the country they work in. In terms of gender diversity , 34% of all staff members were women. One quarter of managers were women,
7680-507: The EU move further to a European Home Market . The "Four Freedoms" of the single market are: The range of "goods" (or "products") covered by the term "free movement of goods" "is as wide as the range of goods in existence". Goods are only covered if they have economic value, i.e. they can be valued in money and are capable of forming the subject of commercial transactions. Works of art , coins which are no longer in circulation and water are noted as examples of "goods". Fish are goods, but
7800-642: The EU, Georgia , Moldova , and Ukraine have also been granted limited access to the single market in selected sectors. Turkey has access to the free movement of some goods via its membership in the European Union–Turkey Customs Union . The United Kingdom left the European single market on 31 December 2020. An agreement was reached between the UK Government and European Commission to align Northern Ireland on rules for goods with
7920-420: The European Patent Convention have an official language which is not an official language of the EPO, such as Dutch , Italian or Spanish. These languages are referred to as "admissible non-EPO languages". Residents or nationals of such States may submit any documents subject to a time limit in an official language of that State and there is a period of one month for filing a translation into an official language or
8040-675: The European Patent Office has announced that it will conduct no more than 700 supplementary international searches per year. The EPO offers on its web site several free services, including Espacenet and Open Patent Services (OPS) for searching within its collection of patent documents, the legal texts published in its Official Journal , the European Patent Register containing legal information relating to published European patent applications and European patents (the European Patent Register also allowing
8160-446: The European Patent Office, are assigned the role of an independent judiciary . The European Patent Organisation is in that sense an international organisation "modelled on a modern state order and based on the separation of powers principle ". The European Patent Office (EPO ) examines European patent applications and grants European patents under the European Patent Convention. Its headquarters are located at Munich , Germany , with
8280-428: The European single market, to maintain an open border on the island of Ireland . The market is intended to increase competition , labour specialisation , and economies of scale , allowing goods and factors of production to move to the area where they are most valued, thus improving the efficiency of the allocation of resources. It is also intended to drive economic integration whereby the once separate economies of
8400-521: The German constitutional value of human dignity , which underpinned the ban, did count as a justified restriction on the freedom to provide services. In Liga Portuguesa de Futebol v Santa Casa da Misericórdia de Lisboa the Court of Justice also held that the state monopoly on gambling, and a penalty for a Gibraltar firm that had sold internet gambling services, was justified to prevent fraud and gambling where people's views were highly divergent. The ban
8520-415: The German government's arguments that the measure proportionately protected public health under TFEU article 36, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. This rule primarily applies to requirements about a product's content or packaging. In Walter Rau Lebensmittelwerke v De Smedt PVBA the Court of Justice found that
8640-428: The German newspapers Die Zeit and Die Welt , was perceived by staff as being unduly autocratic and unsuited to a European intergovernmental body such as the EPO. Concern has been expressed regarding the high number of suicides of EPO employees, five in over three years. The EPO President Battistelli dismissed the suggestions -by EPO staff union SUEPO- of a possible link between the suicide and working conditions at
8760-437: The Organisation is inherently linked to that of the European Patent Convention. See European Patent Convention (EPC) for the history of the European patent system as set up by the EPC, operated by the European Patent Office (EPO), and supervised by the Administrative Council of the European Patent Organisation . The European Patent Organisation has two organs: the European Patent Office, which acts as its executive body, and
8880-701: The President of the Office. The council also amends the Rules of the EPC and some particular provisions of the Articles of the European Patent Convention. As of 2019, the Chairman of the Administrative Council is Josef Kratochvíl . The European Patent Organisation has legal personality , and is represented by the President of the European Patent Office. There are, as of October 2022, 39 Contracting States to
9000-467: The President. The MAC is expected to implement initiatives in alignment with general policy and propose initiatives or policy changes that could impact the activities of the EPO. More generally, the "management of the EPO is dominated by the delegates of the contracting States in the Administrative Council," these delegates being, according to Otto Bossung, primarily guided by their national interests rather than by supranational interests such as for instance
9120-564: The aim "to ensure normal conditions of competition and to remove all restrictions of a fiscal nature capable of hindering the free movement of goods within the Common Market". Aspects of the EU Customs area extend to a number of non-EU-member states, namely Andorra , Monaco , San Marino and Turkey, under separately negotiated arrangements. The United Kingdom agreed on a trade deal with the European Union on 24 December 2020, which
9240-544: The core objectives of the European Economic Community (EEC) upon its establishment in 1957 was the development of a common market offering free movement of goods, service, people and capital. Free movement of goods was established in principle through the customs union between its then- six member states . However, the EEC struggled to enforce a single market due to the absence of strong decision-making structures. Because of protectionist attitudes, it
9360-407: The corresponding domestic transfer costs. This includes all member States of the EU, even those outside the eurozone providing the transactions are carried out in euro. Credit/debit card charging and ATM withdrawals within the Eurozone are also charged as domestic; however, paper-based payment orders, like cheques, have not been standardised so these are still domestic-based. The ECB has also set up
9480-465: The costs of receiving treatment in Germany. The Dutch health authorities regarded the treatment as unnecessary, so she argued this restricted the freedom (of the German health clinic) to provide services. Several governments submitted that hospital services should not be regarded as economic, and should not fall within article 56. But the Court of Justice held that health care was a "service" even though
9600-473: The decline in the quality of searches and examinations at the EPO is seen as harmful to the industry (more invalid European patents granted means more legal uncertainty in the market). European Patent Organisation The European Patent Organisation (sometimes abbreviated EPOrg in order to distinguish it from the European Patent Office , one of the two organs of the organisation )
9720-402: The document is deemed not to have been filed. The filing fee and examination fee are reduced by 30% for certain categories of applicants, namely for small and medium-sized enterprises , natural persons , and "non-profit organisations, universities or public research organisations", when filing a patent application or an examination request in an admissible non-EPO language and subsequently, or at
9840-691: The earliest simultaneously, file the necessary translation. The European Patent Office includes the following departments to carry out the procedures laid down in the EPC: The above departments of European Patent Office are organized into three "Directorates-General" (DG), each being directed by a Vice-President, the DG Patent Granting Process, the DG Corporate Services, and the DG Legal and International Affairs, and
9960-610: The environment, press diversity, fairness in commerce, and more: the categories are not closed. In the most famous case Rewe-Zentral AG v Bundesmonopol für Branntwein , the Court of Justice found that a German law requiring all spirits and liqueurs (not just imported ones) to have a minimum alcohol content of 25 per cent was contrary to TFEU article 34, because it had a greater negative effect on imports. German liqueurs were over 25 per cent alcohol, but Cassis de Dijon , which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol. The Court of Justice rejected
10080-497: The first 30 months after their first filing in any country party to the PCT. The European Patent Office does not grant "international patents," as such patents do not exist. After 30 months (or, for a few countries, after 20 months) an international application must be converted into national or regional patent applications, and then are subject to national/regional grant procedures. As Supplementary International Searching Authority (SISA),
10200-419: The free movement of goods had to be balanced, and was probably subordinate. If a member state does appeal to the article 36 justification, the measures it takes have to be applied proportionately . This means the rule must be pursue a legitimate aim and (1) be suitable to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be reasonable in balancing
10320-410: The freedom to provide services in respect of public works contracts. The Court of Justice has held that secondary education falls outside the scope of article 56, because usually the state funds it, though higher education does not. Health care generally counts as a service. In Geraets-Smits v Stichting Ziekenfonds Mrs Geraets-Smits claimed she should be reimbursed by Dutch social insurance for
10440-436: The government (rather than the service recipient) paid for the service. National authorities could be justified in refusing to reimburse patients for medical services abroad if the health care received at home was without undue delay, and it followed "international medical science" on which treatments counted as normal and necessary. The Court requires that the individual circumstances of a patient justify waiting lists, and this
10560-544: The implementation of the EU internal market . The three official languages of the European Patent Office are English, French and German and publications including the European Patent Bulletin and Official Journal of the European Patent Office are published in all three of those languages. European patent applications may be filed in any language provided that a translation into one of the official languages
10680-454: The inspection of files under Article 128 EPC ), and a publication server of the European patent applications and patents. There is also the CMS software for filing European patent applications online. The EPO engages in several forms of international co-operation within and outside of Europe, with other intellectual property offices, as well as with international organisations that are outside of
10800-466: The interests of free trade with interests in article 36. Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products. For such "indirect" discriminatory (or "indistinctly applicable") measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as consumer protection , improving labour standards , protecting
10920-545: The internal market by incorporating the Schengen Area within the competences of the EU. The Schengen Agreement implements the abolition of border controls between most member states, common rules on visas, and police and judicial co-operation. The official goal of the Lisbon Treaty was to establish an internal market, which would balance economic growth and price stability, a highly competitive social market economy , aiming at full employment and social progress, and
11040-406: The internal market, second by creating a European System of Central Banks to co-ordinate common monetary policy, and third by locking exchange rates and introducing a single currency, the euro . Today, 20 member states have adopted the euro , one is in the process of adopting ( Bulgaria ), one has determined to opt-out ( Denmark ) and 5 member states have delayed their accession, particularly since
11160-522: The investor. That case held a Dutch Wealth Tax Act 1964 unjustifiably exempted Dutch investments, but not Mr Baars' investments in an Irish company, from the tax: the wealth tax, or exemptions, had to be applied equally. On the other hand, TFEU article 65(1) does not prevent taxes that distinguish taxpayers based on their residence or the location of an investment (as taxes commonly focus on a person's actual source of profit) or any measures to prevent tax evasion . Apart from tax cases, largely following from
11280-427: The legitimate aim of good administration of justice. Case law states that the treaty provisions relating to the freedom to provide services do not apply in situations where the service, service provider and other relevant facts are confined within a single member state. An early Council Directive from 26 July 1971 included works contracts within the scope of services, and provided for the abolition of restrictions on
11400-473: The member states become integrated within a single EU-wide economy. The creation of the internal market as a seamless, single market is an ongoing process, with the integration of the service industry still containing gaps. According to a 2019 estimate, because of the single market the GDP of member countries is on average 9 percent higher than it would be if tariff and non-tariff restrictions were in place. One of
11520-565: The opinions of Advocate General Maduro , a series of cases held that government owned golden shares were unlawful. In Commission v Germany the Commission claimed the German Volkswagen Act 1960 violated article 63, in that §2(1) restricted any party having voting rights exceeding 20% of the company, and §4(3) allowed a minority of 20% of shares held by the Lower Saxony government to block any decisions. Although this
11640-855: The patent system. The EPO cooperates with the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) as one of the Trilateral Patent Offices . It also works with the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), China's National Intellectual Property Administration (CNIPA) and the United States Patent and Trademark Office (USPTO) in
11760-417: The planned establishment by the EPO of a fund , called "EPO Treasury Investment Fund" (EPOTIF), to manage 2.3 billion euros of its assets, the fund including risky financial products such as asset-backed securities , mortgage-backed securities , and credit default swaps . At the end of the 2010s and into the 2020s, a decline in the quality of patents granted by the EPO was reported and criticised, as
11880-528: The power of the Court. International organisations are going to increasingly put themselves above the law, which is already a problem now. Opstelten relies on an Act from the seventies, which must be applied dynamically. Instead he takes a very conservative view." Labour relations at the EPO during the presidency of Benoît Battistelli have been strained and marked by conflict with a noticeable escalation during 2014. Staff discontent has been attributed to Battistelli's style of management which, according to reports in
12000-491: The premises of the European Patent Organisation, and therefore those of the European Patent Office, are inviolable. The authorities of the States in which the Organisation has its premises are not authorized to enter those premises, except with the consent of the President of the European Patent Office. Such consent is however "assumed in case of fire or other disaster requiring prompt protective action". The European Patent Office
12120-464: The products of other member states any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products. Furthermore, no Member State shall impose on the products of other member states any internal taxation of such a nature as to afford indirect protection to other products. In the taxation of rum case , the ECJ stated that: The Court has consistently held that
12240-547: The public interest in collecting taxes, denial of capacity went too far: it was an "outright negation" of the right of establishment. However, in Cartesio Oktató és Szolgáltató bt the Court of Justice affirmed again that because corporations are created by law, they are in principle subject to any rules for formation that a state of incorporation wishes to impose. This meant that the Hungarian authorities could prevent
12360-476: The purpose of Article 90 EC [now Article 110], as a whole, is to ensure the free movement of goods between the member states under normal conditions of competition, by eliminating all forms of protection which might result from the application of discriminatory internal taxation against products from other member states, and to guarantee absolute neutrality of internal taxation as regards competition between domestic and imported products. Free movement of goods within
12480-519: The right to strike. After service of the judgement to EPO, the then Dutch Minister of Security and Justice, Ivo Opstelten , ordered bailiffs not to perform service of the judgment. Opstelten's intervention was criticised by a number of Dutch legal experts including Cedric Ryngaert, Professor of International Law in Utrecht, who considered the Minister's intervention to be unusual: "Basically he erodes
12600-432: The same day, under which the member states agreed to take action where necessary to protect the free movement of goods and other freedoms, and to issue public information where there were disruptions, including their efforts to address obstacles to free movement of goods. The customs union of the European Union removes customs barriers between member states and operates a common customs policy towards third countries, with
12720-665: The same year the Maastricht Treaty set about to create an Economic and Monetary Union as the next stage of integration. Work on freedom for services took longer, and was the last freedom to be implemented, mainly through the Posting of Workers Directive (adopted in 1996) and the Directive on services in the internal market (adopted in 2006). In 1997 the Amsterdam Treaty abolished physical barriers across
12840-404: The self-employed, or "undertakings" such as companies or firms, have a right to set up an enterprise without unjustified restrictions. The Court of Justice has held that both a member state government and a private party can hinder freedom of establishment, so article 49 has both "vertical" and "horizontal" direct effect. In Reyners v Belgium the Court of Justice held that a refusal to admit
12960-405: The use of a product, this can also infringe article 34. So, in a 2009 case, Commission v Italy , the Court of Justice held that an Italian law prohibiting motorcycles or mopeds from pulling trailers infringed article 34. Again, the law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers. This was not a product requirement, but
13080-558: The votes of the Contracting States represented and voting in the Administrative Council is required for the appointment of the President. The President is assisted by a collective body known as the Management Advisory Committee (MAC). Currently, the MAC comprises the President, three Vice-Presidents and several Principal Directors and Directors. Each MAC member is responsible for a specific business area and reports to
13200-470: The worst standards of accountability of boards, and low corporate taxes as a result. Similarly in Überseering BV v Nordic Construction GmbH the Court of Justice held that a German court could not deny a Dutch building company the right to enforce a contract in Germany on the basis that it was not validly incorporated in Germany. Although restrictions on freedom of establishment could be justified by creditor protection, labour rights to participate in work, or
13320-473: Was an agreement with a client was not a restriction. The Grand Chamber of the Court of Justice held the commission had not proven that this had any object or effect of limiting practitioners from entering the market. Therefore, there was no prima facie infringement freedom of establishment that needed to be justified. In regard to companies, the Court of Justice held in R (Daily Mail and General Trust plc) v HM Treasury that member states could restrict
13440-431: Was an equally applicable "selling arrangement" (not something that alters a product's content ) it was outside the scope of article 34, and so did not need to be justified. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing. In Konsumentombudsmannen v De Agostini
13560-450: Was difficult to replace intangible barriers with mutually recognized standards and common regulations. In the 1980s, when the economy of the EEC began to lag behind the rest of the developed world, Margaret Thatcher sent Lord Cockfield to the Delors Commission to take the initiative to attempt to relaunch the common market. Cockfield wrote and published a White Paper in 1985 identifying 300 measures to be addressed in order to complete
13680-825: Was liable for these hindrances to trade because the authorities "manifestly and persistently abstained" from preventing the sabotage. Generally speaking, if a member state has laws or practices that directly discriminate against imports (or exports under TFEU article 35) then it must be justified under article 36, which outlines all of the justifiable instances. The justifications include public morality , policy or security, "protection of health and life of humans , animals or plants", "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property". In addition, although not clearly listed, environmental protection can justify restrictions on trade as an over-riding requirement derived from TFEU article 11. The Eyssen v Netherlands c ase from 1981 outlined
13800-423: Was made from cocoa butter alone, but British, Danish and Irish manufacturers used other vegetable fats. They claimed the law infringed article 34. The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label. This was derogatory in the consumers' eyes. A "neutral and objective statement" was enough to protect consumers. If member states place considerable obstacles on
13920-546: Was not an impediment to the actual purchase of shares, or receipt of dividends by any shareholder, the Court of Justice 's Grand Chamber agreed that it was disproportionate for the government's stated aim of protecting workers or minority shareholders. Similarly, in Commission v Portugal the Court of Justice held that Portugal infringed free movement of capital by retaining golden shares in Portugal Telecom that enabled disproportionate voting rights, by creating
14040-896: Was proportionate as this was an appropriate and necessary way to tackle the serious problems of fraud that arise over the internet. In the Services Directive a group of justifications were codified in article 16 that the case law has developed. In May 2015 the Juncker Commission announced a plan to reverse the fragmentation of internet shopping and other online services by establishing a Single Digital Market that would cover digital services and goods from e-commerce to parcel delivery rates, uniform telecoms and copyright rules. The free movement of people means EU citizens can move freely between member states for whatever reason (or without any reason) and may reside in any member state they choose if they are not an undue burden on
14160-469: Was signed by Prime Minister Boris Johnson on 30 December 2020. Article 30 of the Treaty on the Functioning of the European Union ("TFEU") prohibits border levies between member states on both European Union Customs Union produce and non-EUCU (third-country) produce. Under Article 29 of the TFEU, customs duty applicable to third country products are levied at the point of entry into EUCU, and once within
14280-431: Was subject to restriction. If an activity does fall within article 56, a restriction can be justified under article 52 or over-riding requirements developed by the Court of Justice. In Alpine Investments BV v Minister van Financiën a business that sold commodities futures (with Merrill Lynch and another banking firm) attempted to challenge a Dutch law prohibiting cold calling customers. The Court of Justice held
14400-419: Was too lengthy for a process involving health issues or regarding a conflict with labour unions, as no appeal to ILOAT or any other judicial organization was possible. The background to the latter judgment was the ongoing conflict between EPO staff and management, in particular the refusal of EPO to recognise the staff unions, blocking of e-mail communication between the unions and their members and restriction of
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