Региональные патентные организации

Abstract

Regional patent organizations are established in the process of intergovernmental patent cooperation in order to reduce expenses connected with patenting in several states. Granting of regional patent considerably reduces material and time expenses during the drawing up of rights for the objects of industrial property and contributes to a closer interaction of national legal systems of their protection. The regional patent organizations are very specific intergovernmental organizations due to the pecularities of their functions, the organizational structure and a special order of the activities financing. These pecularities are shown in the article on the basis of the analysis of the provisions of constituent documents of the European Patent Organization (EPO) and Euroasian Patent Organization (EAPO). The information function, control and norm development functions which are typical of other international organizations have no special importance for EPO and EAPO. The dominant place in their activities is taken by the operative function aimed at granting of the regional patents and processing of regional claims. The organizational structure of the EPO and EAPO consists of two bodies: the higher representative body (regional patent agencies). The regional patent agencies are not only the secretariat of EPO and EAPO, but they also perform the same functions as the national patent agencies. The charges for sending in the applications, their expertise and granting of regional patents go to the regional patent organizations, that is why they are self-subsidized and pay their own way. The member-states of the regional patent organizations do not pay regular fees. Intergovernmental patent cooperation is an integral part of the process of regional economic integration. The article analyzes a tendency for the establishment of close cooperation and interconnections among regional patent organizations, instituted for the aims of regional economic integration, on the basis of the study of the activities on bringing into force the system of the Community patent.