London Agreement (2000) - History

History

The Agreement resulted from a process started at the Paris Conference on 24–25 June 1999, an intergovernmental conference of the member states of the European Patent Organisation held in Paris at the invitation of the French government. The conference adopted a mandate setting up two working parties with the task of submitting reports to the governments of the contracting states on reducing the cost of European patents and harmonising patent litigation. The first working party eventually led to the London Agreement while the second led to the proposed European Patent Litigation Agreement. More precisely, the first working party was instructed to draft an "optional protocol to the EPC, under which its signatory states undertake not to require the translation of the description of the European patent, provided that it is available in English... provided that it is available in one of the official EPO languages as designated by each signatory state". The name "London Protocol" is sometimes used to refer to the London Agreement, because the initial mandate mentioned a Protocol, rather than an Agreement.

The Agreement was then adopted at the London Conference of 2000, followed by a seven-year ratification process. On 18 April 2007, at the European Patent Forum in Munich, Germany, Angela Merkel said that she and German Justice Minister Brigitte Zypries would fight to see the London Agreement realised. She called the London Agreement "an important step in the right direction".

This agreement was signed by 10 countries, namely Denmark, France, Germany, Liechtenstein, Luxembourg, Monaco, Netherlands, Sweden, Switzerland and the United Kingdom. To enter into force, the deposit of instruments of ratification by at least eight countries, including at least France, Germany and the United Kingdom had to take place. Up to now, Monaco, Germany, United Kingdom, Switzerland, Netherlands, Liechtenstein, Luxemburg, Denmark, and France have deposited their instrument of ratification to the London Agreement while Slovenia, Iceland, Latvia and Croatia have deposited their instrument of accession (accession is also taken into account for the entry into force of the agreement). Sweden ratified on 29 April 2008.

Since France deposited its instruments of ratification on 29 January 2008, the agreement entered into force on 1 May 2008.

The ratification of the London Agreement by France, which for some time was the last missing step for the Agreement to enter into force, followed a number of steps, including the recommendation in May 2006 by the French National Assembly and the French Senate to adopt the Agreement, the approval by the French Constitutional Council, the announcement in August 2007 by the new Prime Minister François Fillon that the London Agreement would soon be ratified, the approval by the French Council of Ministers, and eventually the adoption by the National Assembly and the Senate of the ratification act on 26 September 2007 and on 9 October 2007 respectively.