Resolução da Assembleia da República n.º 63/2021

CourtAssembleia da República
Published date11 Fevereiro 2021
ELIhttps://data.dre.pt/eli/resolassrep/63/2021/02/11/p/dre

Resolução da Assembleia da República n.º 63/2021

Sumário: Aprova o Protocolo sobre os Privilégios e Imunidades do Tribunal Unificado de Patentes, feito em Bruxelas, a 29 de junho de 2016.

Aprova o Protocolo sobre os Privilégios e Imunidades do Tribunal Unificado de Patentes, feito em Bruxelas em 29 de junho de 2016

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Protocolo sobre os Privilégios e Imunidades do Tribunal Unificado de Patentes, feito em Bruxelas em 29 de junho de 2016, cuja versão autenticada em língua inglesa, bem como a respetiva tradução para língua portuguesa, se publicam em anexo.

Aprovada em 4 de dezembro de 2020.

O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.

PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE UNIFIED PATENT COURT

The undersigning Contracting Member States of the Agreement on a Unified Patent Court:

Considering that the Unified Patent Court has been established by the Agreement on a Unified Patent Court of 19 February 2013 as an international organisation with legal personality in each Contracting Member State;

Recalling that the Agreement on a Unified Patent Court provides, in article 37(1), that Contracting Member States hosting the central division of the Court of First Instance or one of its sections, a local or regional division of the Court of First Instance or the Court of Appeal of the Unified Patent Court shall provide facilities and, during the initial seven years, also administrative support staff;

Recalling that the Statute of the Unified Patent Court provides, in article 8, that the Protocol on the privileges and immunities of the European Union shall apply to the judges of the Unified Patent Court;

Recalling that article 8(4) of the Statute of the Unified Patent Court covers both the privileges and immunities of the judges of the Unified Patent Court and that the application of the Protocol on the privileges and immunities of the European Union to the judges of the Unified Patent Court has been foreseen because of the intrinsic link of the latter with the European patent with unitary effect and cannot create any precedent for the application of that Protocol to other international organizations with regard to the host nation policies of the Contracting Member States;

Recalling that the Administrative Committee has the competence to set up an internal tax and a social security scheme under the powers of administration which are conferred to it by the Unified Patent Court Agreement;

Recalling that the Agreement on a Unified Patent Court provides, in article 4, that the Unified Patent Court shall enjoy the most extensive legal capacity accorded to legal persons under the national law of that State;

Recognizing that the Unified Patent Court needs to benefit from privileges and immunities which are necessary for the exercise of its functions;

Considering that a common approach on how to address issues of privileges and immunities is essential in view of the needs of the Unified Patent Court and of the Contracting Member States;

Recognizing that additional bilateral Headquarter Agreements may be concluded between the Unified Patent Court and Contracting Member States hosting the central division of the Court of First Instance or one of its sections, a local or regional division of the Court of First Instance or the Court of Appeal of the Unified Patent Court;

have agreed as follows:

Article 1

Use of terms

For the purpose of this Protocol:

a) "Agreement" means the Agreement on a Unified Patent Court of 19 February 2013;

b) "Statute" means the Statute of the Unified Patent Court as set out in Annex I of the Agreement;

c) "State Party" means a State party to this Protocol;

d) "Contracting Member State" means a State party to the Agreement;

e) "Court" means the Unified Patent Court created by the Agreement;

f) "Court of Appeal" means the Court of Appeal of the Court;

g) "The official activities of the Court" means the activities that are necessary for the fulfilment by the Court of the purposes and functions it has been entrusted with in accordance with the provisions of the Agreement;

h) "Premises of the Court" means land and buildings made available to the Court by the Contracting Member State in accordance with article 37 of the Agreement and used for the official activities of the Court;

i) "Judge" means a Judge of the Court.

j) "Registrar" means the Registrar and the Deputy-Registrar of the Court.

k) "Staff" means all personnel employed by the Court as officials and other servants of the Court except the Judges and the Registrar.

l) "Family" means, with respect to any person, the spouse and dependent members of the immediate family of such person forming part of such person's household, as recognised by the hosting Contracting Member State;

m) "Representatives of the parties" means the lawyers, European patent attorneys or patent attorneys authorised to practice or assist before the Court under article 48 of the Agreement.

Article 2

General provisions on privileges and immunities of the Court

The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the exercise of its official activities.

Article 3

Inviolability of the premises of the Court

The premises of the Court shall be inviolable, subject to such conditions as may be agreed with the State Party concerned and subject to the responsibility of the State Party hosting the central division of the Court of First Instance or one of its sections, a local or regional division of the Court of First Instance or the Court of Appeal with respect to the facilities that are to be provided by such a State Party.

Article 4

Inviolability of archives and documents

The archives of the Court, and all papers and documents in whatever form belonging to it, held by it or addressed to it shall be inviolable at all times and wherever they may be located.

Article 5

Immunity of the Court, its property, assets and funds

1 - The Court shall enjoy immunity from legal process, except:

a) Insofar as in any particular case it has expressly waived its immunity;

b) As in the event of civil proceedings against it with respect to contractual liability brought by persons others than the Judges, the Registrar or the Staff of the Court;

c) As in cases of civil proceedings against it with respect to non-contractual liability except where the claim is based on the performance of the Court's jurisprudence or

d) In the case of a civil proceeding brought by a third party for damages resulting from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Court, or in respect of a motor traffic offence involving such a vehicle.

2 - The Court shall enjoy immunity from legal process in respect of search, requisition, confiscation, seizure or expropriation of, or any other form of interference with, the property, assets and funds of the Court, wherever located, without the authorisation of the Court.

3 - To the extent necessary to exercise its official activities, the property, assets and funds of the Court shall be exempt from restrictions, regulations, controls and moratoria of any nature.

Article 6

Immunity of Representatives of a State Party

1 - Representatives of a State Party shall enjoy, while attending meetings of the Administrative Committee, the Budget Committee and the Advisory Committee immunities from legal process in respect of all acts performed by them in their official capacity, including their words spoken or written. This immunity shall continue to be accorded even after the termination of their mission.

2 - Their official papers and documents shall be inviolable.

3 - No State Party is obliged to extend the immunities referred to in paragraph 1 and 2 to its own nationals or any person who at the time of taking up his functions with the Court has his permanent residence in that State.

Article 7

Exemption from taxes

1 - The Court, its property and assets, shall be exempt from all direct taxes.

2 - The Court shall

a) Be exempt from or accorded a refund of value added taxes paid on any substantial purchase of goods and services which are necessary and supplied for the official activities of the Court, subject to the limitations laid down by the host State Party;

b) However not be exempt from taxes and dues which amount to charges for public utility services.

3 - Goods purchased under such an exemption or reimbursement shall not be sold or otherwise disposed of in that State Party or in another Member State of the European Union, except in accordance with the conditions laid down by the State Party which granted the exemption or reimbursement.

4 - Without prejudice to the obligations arising for the State Parties under European Union law and the application of laws and regulations, the conditions and procedure shall be determined by the competent fiscal authorities of each State Party.

Article 8

Funds and freedom from currency restrictions

The State Parties shall accord the Court the freedom of currency restrictions which is necessary for the exercise of its official activities.

Article 9

Privileges and Immunities of the Judges and the Registrar

1 - The privileges and immunities of the Judges are governed by article 8 of the Statute and by reference in article 8 of the Statute by the Protocol on the privileges and immunities of the European Union.

2 - Article 8 of the Statute and the Protocol on the privileges and immunities of the European Union shall apply to the Registrar.

3 - When applied in accordance with paragraph 1 and 2, only article 11(b-e) to 14 of the Protocol on the privileges and immunities of the European Union are to be applied in analogy adapted to...

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