News of Intellectual Property

28.09.2006 - Crucial London Agreement decision awaited

France`s Constitutional Council is due to rule on the constitutionality of the London Agreement by the end of next week.

Seventy-six French parliamentarians voted to ask the Council to rule on the Agreement on September 2. The Council consists of nine appointed members and Valéry Giscard d`Estaing, who, as a former president, is entitled to sit on the constitutional body. Its job is to decide whether new legislation complies with the country`s 1958 Constitution.

The Council can only rule if an application is referred to it before a new law is signed by the president. Such applications are normally filed by the parliamentary opposition where it believes that civil rights are at risk.

If implemented, the London Agreement would reduce translation requirements for European patents by allowing member states to opt-out of requiring a translation into their national language.

Ratification by France is the chief remaining obstacle stopping the London Agreement coming into force.

If the Council rules that the Agreement complies with the Constitution, the country`s parliament and President Chirac will be able to proceed with the ratification process.


Source: Managing Intellectual Property



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