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Date of decision
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02 December 2002
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Case number
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J 0009/98
- 3.1.1
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Application number
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96906991.3
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Title of the application
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New DNA molecules and DNA molecules for expression of
polypeptides
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Applicant name
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AstraZeneca AB
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Headnote
The following question is referred to the Enlarged Board of
Appeal:
Is the applicant of a European patent application, which was
originally filed as a Euro-PCT application, entitled in view of
the TRIPS-Agreement to claim priority from a previous first
filing in a State which was, neither at the filing date of the
previous application nor at the filing date of the Euro-PCT
application, a member of the Paris Convention for the Protection
of Industrial Property, but was, at the filing date of the
previous first filing, a member of the WTO/TRIPS Agreement?
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Keywords
Euro-PCT application- priority from India- entitlement under the
PCT- applicability of Article 87(5)- interpretation of Article
87 - in the light of TRIPS - according to the Vienna Convention
- in the light of obligations of Contracting States - directly
binding effect and self-executing character of TRIPS provisions
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