European Union

Community Trade Mark registrations are enforceable in all Member States of the EU. The Community Trade Mark system is administered by the Office for Harmonisation in the Internal Market (OHIM), which IS a European Union institution. OHIM decisions are subject to EU law and may be appealed to the European Court of Justice (Court of First Instance).

European Patent Convention

The EPC is administered by the European Patent Office, which is NOT a European Union institution. Representatives of the EPC Contracting States oversee the operation of EPO and the EPC through participation in the Administrative Council of the EPC, which meets annually. The Administrative Council has delegated powers to amend the Implementing Regulations of the EPC, but a Diplomatic Conference is required to amend the Convention itself.

Once granted, a European Patent may be enforced in the following states, provided that those states were designated in the original application, the relevant designation fees were paid, and the post-grant, national formalities (usually requiring translations and further national fees) are completed in each case.

*Turkey joined the EPC as of November 1, 2000.

**Bulgaria, the Czech Republic, Estonia and Slovakia joined the EPC as of July 1, 2002.

The Extension States are not themselves Contracting States of the EPC itself, but have concluded agreements ("Extension Agreements") with the European Patent Organisation to allow extension of the protection conferred by a European Patent to those states, provided the appropriate national requirements are met. Extension is therefore not based on direct application of the EPC, but is subject in each case to the rules of the applicable national legislation in the Extension State.