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Law & practice

Annex C.1 to the ADA

Administrative Agreement dated 5 April 1993 between the EPO and the epi

CONTENTS

Art. 1 Debiting deposit accounts

Art. 2 Insufficient funds

Art. 3 Reverse transfer

Art. 4 Complaints

Art. 5 Co-operation

Art. 6 Written form

Art. 7 Duration

The EPO and the epi,

Having regard to Article 10 of the European Patent Convention and Article 4(a) and (d) of the Regulation on the establishment of an Institute of Professional Representatives before the European Patent Office (OJ EPO 1978, 85),

Whereas the epi constitutes an institution integrated in the framework of the European patent grant procedure and it is therefore desirable that the EPO should support the epi in the performance of its duties,

Hereby agree that annual subscriptions to the epi may be debited from the deposit accounts held with the EPO in accordance with the following provisions:

Article 1

Debiting deposit accounts

(1) The epi may have its members' annual subscriptions debited from the deposit accounts held with the EPO upon submission of debit orders made out to the EPO. The debit order shall be based on one or more direct debiting mandates which shall be issued to the epi by the account holder and not be submitted to the EPO. The Arrangements for deposit accounts have been amended accordingly by the decision of the President of the EPO dated 5 April 1993. [ 1 ]

(2) Debit orders shall only be carried out with effect from 25 February and 25 June of each year as fixed debiting dates; Rule 85(1) EPC[ 2 ] governing the extension of time limits shall not apply. Debit orders shall be transmitted to the EPO on a data carrier specified by the EPO and shall include all the annual subscriptions to be debited from a deposit account in one overall sum. The date on which payment is considered to have been made shall be the date on which the account is debited.

Article 2

Insufficient funds

If after priority has been given to fees or costs in respect of EPO publications or services the credit balance of a deposit account on the debiting date is not sufficient to cover the epi debit order, it shall not be carried out and shall be returned to the epi. The epi may only notify the epi member and the account holder of insufficient funds in a deposit account.

Article 3

Reverse transfer

If the epi discovers that a sum should not have been debited, or that the sum debited was excessive, it may transfer the amount debited back to the relevant account using a standard debiting text.

Article 4

Complaints

Complaints from epi members or account holders relating to the implementation of the procedure shall be dealt with by the epi. Complaints received by the EPO shall be passed on to the epi for action.

Article 5

Co-operation

(1) The EPO and the epi shall provide mutual assistance in implementing the procedure.

(2) This Administrative Agreement shall be published in the Official Journal of the EPO and in epi Information. The EPO and the epi shall decide jointly on any other notices concerning its implementation. [ 3 ]

Article 6

Written form

This Agreement shall constitute the entire agreement between the parties. No verbal agreements or understandings exist. The parties shall not be bound by any amendments or additions unless set down in writing and signed by both parties.

Article 7

Duration

(1) This Agreement shall enter into force on the date it is signed.

(2) This Agreement shall be concluded for an indefinite period. It may be terminated by either party giving six months' notice in advance of the end of the relevant calendar year. This shall not affect the right to terminate the Agreement without notice on serious grounds.

Done at Munich on 5 April 1993.

Paul Braendli

President of the European Patent Office

Sidney David Votier

President of the Council of the Institute of Professional Representatives before the European Patent Office

 

 

[ 1 ] OJ EPO 1993, 366; now point 11 ADA, see p. 16 in this supplementary publication.

[ 2 ] Reference is to Rule 85(1) EPC 1973; now Rule 134(1) EPC 2000.

[ 3 ] See Annex C.2 in this supplementary publication.