The Agreement is hereby approved on behalf of the European Union.
London Agreement on German Patents
Valid
Effective from 30.11.1946
75.
London Agreement
about German patents.
_
OF 27 JULY 1946
_
THIS DEFINITIVE ORDER
AGREEMENT:
(Translation)
The final resolution of the London Conference, with the participation of representatives of certain Member States of the I.A.R.A., to examine issues related to the treatment of German patents.
A conference convened at the invitation of the governments of the Republic of France, the United Kingdom and the United States of America, held in London from 15 to 27 July 1946.
The following delegations took part in the conference:
| Delegáti: | Poradci: | |
|---|---|---|
| Vláda australská | p. H. F. E. Whitlam | |
| p. L. B. Davies | ||
| Vláda belgická | p. J. Hamels | |
| Baron de Lettenhove | ||
| Vláda kanadská | Dr. E. H. Coleman | p. K. J. Burbridge |
| p. P. H. Russell | ||
| Vláda československá | p. Celestin Šimr | p. V. Sedláček |
| p. Frank Kafka | p. B. Stuchlý | |
| p. J. Rieger | ||
| p. F. Vohryzek | ||
| p. J. Vojáček | ||
| Vláda dánská | p. Ehrenreich-Hansen | sl. Julie Olsen |
| pí. Jansen Simonsen | ||
| Vláda francouzské republiky | p. R. Monmayou | p. P. Dreyfus |
| p. E. Mathon | p. O. Pichot | |
| Vláda lucemburská | p. A. De Muyser | |
| Vláda nizozemská | Dr. H. Gelissen | p. J. Al |
| p. J. Dyckmeester | Dr. J. M. Fehmers | |
| Dr. A. Koerts | ||
| Dr. H. Jonker | ||
| Vláda norská | p. Bredo Stabell | p. Jacques Raeder |
| Dr. Harald Aarflot | p. Johan Helgeland | |
| Vláda Spojeného království | Sir Harold Saunders | p. J. L. Blake |
| p. B. G. Crewe | ||
| Vláda Spojených států amerických | p. Casper W. Ooms | p. Bennett Boskey |
| p. Francis Brown | ||
| p. John Green | ||
| p. Howland H. Sargeant | ||
| p. James Simsarian | ||
| p. Robert Terrill | ||
| Vláda Jihoafrické Unie | p. G. D. Louw | |
| p. E. Swart | ||
| nebo | ||
| p. D. B. Sole |
Sir Harold Sanders (United Kingdom) was elected president of the conference and P.H.W. Clarke and T.H. Mobbs as secretary.
The Conference has drawn up an agreement, the text of which is annexed to this Final Act. This Agreement has been signed on behalf of the governments of the Republic of France, the Netherlands, the United Kingdom and the United States of America. All other governments represented at the conference may accede to the agreement by signing by 31 December 1946. Other United Nations Member States and neutral States may also become Contracting Parties in this Agreement. The delegation of Australia, Canada, Czechoslovakia and South Africa shall recommend to their respective governments that the agreement be signed on their behalf.
The following resolutions were adopted at the conference:
Resolution 1:
In order to ensure compliance with the agreement proposed in the Annex, all governments whose delegations have signed this Final Act undertake neither to sell nor to transfer nor to transfer, nor to restrict, nor to limit, their licensing rights to patents covered by that Agreement, nor to take any other steps which would have a distortive effect on their ability to comply with the terms of the Agreement, from 1 August 1946 until their decision to sign this Agreement.
A government that decides not to sign an agreement shall immediately notify that decision to the United Kingdom Government, which shall communicate this information to all other governments represented at the conference.
The Australian delegation wishes to see its absolutely positive attitude towards resolution, but it is not in a position to bind the Australian Government.
Resolution 2:
Each delegation shall advise its government to order its delegates at IARA to support proposals:
(a) that the reparation shares of the governments acceding to the agreement listed in the Annex are not burdened, within the meaning of the Paris Reparation Agreement, by the value of the right to or share of patents granted by such a government and for which free licences may be obtained under Article 1 and Article 2 of the Agreement; and
(b) that the IARA should consider whether the reparation share of the government acceding to the agreement is to be burdened with an amount or such an amount where royalties or other payments have been or will be accepted by that government for German rights to such patents or shares therein.
The Belgian, Danish, Luxembourg and Norwegian delegations wished to note that, in their view, this resolution is so closely linked to the agreement that their governments' view of this resolution will depend on whether they are willing to sign the agreement.
The Conference also decided to record the following points:
1. Subject to the opinions of the French and United Kingdom delegations mentioned below, in the opinion of all the delegations seconded to this conference, the programme currently implemented to obtain the analysis and public dissemination of German technology and the "knowhow 'has proved extremely beneficial and should be continued. In order to encourage other delegations, delegates from France and the United States, they will be urged by their governments to ask the military occupation offices in Germany to use, as soon as possible and within the limits of the possibility, the other countries represented at the conference to implement this programme of trained technical personnel and equipment.
2. The United Kingdom delegation, although it is of the opinion that the programme now being implemented has proved to a large extent to be of general benefit, states that the UK Government will continue to publish all information of this kind obtained in Germany, but that it cannot participate in any recommendation on this matter, since it did not have the time to consult the occupying authorities in Germany, which the UK Government considered necessary.
3. The French delegation, although fully identifying with everything referred to in paragraph 1 above, added that reciprocity issues should be taken into account in this matter. They signed this Final Act in support of the evidence below.
Made in London on 27 July 1946 in English and French, both texts authentic, in one specimen remaining in the United Kingdom archive.
The United Kingdom Government shall surrender to all governments represented at a certified copy conference of this Final Act.
For Australia:
L.B. Davies.
For Belgium:
Baron A. Kervyn de Lettenhove.
For Canada:
E. H. Coleman.
K.J. Burbridge.
For Czechoslovakia:
Celestin Shimr.
Dr. Frank Kafka.
For Denmark:
N. J. Ehrenreich- Hansen.
Dagmar Simonsen.
Julie Olsen.
For the French Republic:
R. Monmaya.
E. Mathon.
P. Dreyfus.
For Luxembourg:
A.J. Clasen.
For the Netherlands:
Dyckmeester.
For Norway:
Bredo Stabell.
Harald Aarflot.
Jac Raeder.
Johan Helgeland.
For South Africa:
D.B. Sol.
For the United Kingdom:
Harold L. Saunders.
B. G. Crewe.
J.L. Blake.
For the United States of America:
Casper W. Ooms.
Robert P. Terrill.
Bennett Boskey.
Howland H. Sargeant.
John C. Green.
Annex
(Translation)
Deal.
Governments that acceded to this Agreement, wishing to organise former German patents in their possession or control, agreed to the following:
Subject to the provisions of further articles, all governments acceding to this Agreement undertake to be dedicated to the public or declared as public property, or to be permanently allowed to obtain free licences for nationals of all governments acceding to the Agreement, subject to their possession or control under the General Law and the provisions governing German property which has not expired or become public property.
In cases where a government acceding to this Agreement allows its own nationals to grant licences or otherwise acquire rights to patents in which German participation previously existed (other than those provided for in Article 1), the acquisition of such rights shall be allowed to nationals of all governments acceding to this Agreement under such conditions as they own.
Subject to the provisions of Article 4, all licences granted pursuant to Article 1 and all licences granted pursuant to Article 2, provided that the government is not prevented from applying the terms of the patent, licence or other right, shall include the rights to carry out and carry out inventions according to patents and the right to produce, use and sell products according to inventions, without regard to the place of manufacture of those products.
The provisions of Articles 1 and 2 shall apply subject to the condition that all governments have the right to take appropriate measures to protect and preserve the rights of ownership, licensing and other persons, or to participate in patents which have been lawfully granted or acquired by a German before 1 August 1946. An exclusive licence granted before 1 August 1946 shall be permitted to be protected by the fact that, for the duration of such an exclusive licence, no additional licence shall be granted and the non-exclusive licence shall be permitted to be protected by the imposition of the same conditions on persons newly authorised from licences as those imposed on existing licences.
For the purposes of this Agreement, all governments may treat as non-German patents or sub-rights to patents, belonging specifically to persons. categories (e.g. Germans residing outside Germany, non-refugees, etc.) whose assets have been excluded by these governments or will be excluded from the scope of their general provisions.
In order to implement this Agreement and to ensure the exchange of information through the Central Office, the Government of the French Republic shall take the necessary measures to ensure that the reports of the governments acceding to this Agreement are adopted and disseminated and that those governments are aware of matters which might interest them, taking into account this Agreement.
All governments acceding to this Agreement shall, as soon as possible, supply the central office referred to in Article 6 with a view to distributing to other governments acceding to this Agreement a list of all patents which were previously wholly or partly German property and which are not eligible for generalisation or granting free licences to nationals of those States, together with a list of licences and German participation existing to those patents. In addition, those governments which can do so without difficulty shall provide a list of all patents still in force to which free licences may be obtained, as well as all patents which have ceased to exist or have been generalized.
Governments represented at the London Conference may accede to this agreement by signature in London by 31 December 1946. The United Kingdom Government shall notify all other governments represented at the conference of the names of those governments that have signed this Agreement.
Other member governments of the United Nations or of countries which remained neutral during the Second World War may accede to this Agreement by notifying the United Kingdom Government of their adoption of this Agreement before 1 January 1947. The United Kingdom Government shall notify all governments represented at the London Conference on German Patents, or which acceded to this Agreement under this Article, of all approaches so notified.
The Government acceding to this Agreement may extend the application of this Agreement to any of its colonies, overseas territories or territories under its protectorate or powers, or which it manages as mandated, by notification to the United Kingdom Government.
The United Kingdom Government shall notify all other governments acceding to this Agreement of the notification it receives under this Article.
This Agreement shall enter into force as soon as it has been signed or accepted by the Governments of the Republic of France, the United Kingdom, the United States of America and four other countries.
In order to prove the bottom indication, duly authorised, they signed this Agreement.
Made in London on 27 July 1946, in English and French, both texts being equally authentic, in a single specimen which will remain in the archives of the United Kingdom Government. The UK Government shall send certified copies of this Agreement to all governments represented at the London Conference on German Patents and to all governments authorised to accede to this Agreement in accordance with Article 9.
For the Government of Australia:
For the Belgian Government:
G. Walravens.
For the Government of Canada:
N. A. Robertson.
For the Government of Czechoslovakia:
Max Lobkowicz.
For the Danish Government:
E. Schram-Nielsen.
For the Government of the French Republic:
R. Monmaya.
E. Mathon.
For the Government of Luxembourg:
A.J. Clasen.
For the Government of the Netherlands:
Dyckmeester.
For the Government of Norway:
Reidar Solum.
For the Government of South Africa:
Eugene K. Scallon.
30. XI. 1946.
For the United Kingdom Government:
Harold L. Saunders.
B. G. Crewe.
For the Government of the United States of America:
Casper W. Ooms.
INDIVIDUAL THIS DEFINITIVE APPROACH TO THE AGREEMENT AND NOTING THAT THE CONSTITUTION OF THE NATIONAL COMPLETION OF THE REPUBLIC OF CZECH WITH THEM IS CONFORMITY, APPROVAL AND CONFIRMATION.
_
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PRESIDENT OF THE REPUBLIC OF CZECH REPUBLIC:
Dr EDVARD BENEŠ v. r. o.
_
JAN MASARYK v. r.
L.S.
It is declared that the agreement was signed for the Czechoslovak Republic on 29. XII. 1946. Outside Czechoslovakia, the following States signed the Agreement until 31 December 1946:
Belgium, Denmark, France, South Africa Union, Canada, Luxembourg, Netherlands, Norway, United Kingdom of Great Britain, United States of America.
Pursuant to Article 11, the Agreement entered into force on 30 November 1946.
The following States have acceded to the Agreement within the meaning of Article 9:
Unexclusive
Bolivia, Dominican Republic, Chile, India, Iraq, Iran, Jugoslavia, Lebanon, New Zealand including Zac. Samoa, Poland and Turkey,
subject to a referendum
Ecuador, Guatemala, Nicaragua, Paraguay, Syria and Venezuela.
The agreement was extended to New Foundland and South Rhodesia, as well as to British Guyana, Honduras, the Gold Coast, Kenya, Njassia, Sarawak, Singapore, Trinidad and Tobago, Uganda and the Final Islands.
Masaryk v. r.
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Regulation Information
| Citation | AGREEMENT OF THE NAME OF THE REPUBLIC OF CZECH REPUBLIC No 75 / 1947 Coll., London Agreement on German Patents |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.05.1947 |
|---|---|
| Effective from | 30.11.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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