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Date of decision
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26 April 2004
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Case number
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G 0003/02
- EBA
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Application number
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96908415.1
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Title of the application
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"New DNA molecules" "A DNA molecule for expression of bile
salt-stimulated lipase (BSSL)"
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Applicant name
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AstraZeneca AB
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Headnote
The TRIPs Agreement does not entitle the applicant for a
European patent application to claim priority from a first
filing in a State which was not at the relevant dates a member
of the Paris Convention but was a member of the WTO/TRIPs
Agreement.
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Keywords
International applications - priorities from India
Applicability of Article 87(5) EPC
The position under the PCT
The EPO not party to TRIPs
Interpretation of Article 87 EPC - according to principles of
public international law - in the light of obligations of
Contracting States under TRIPs
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