Hostname: page-component-84b7d79bbc-7nlkj Total loading time: 0 Render date: 2024-07-28T15:26:23.473Z Has data issue: false hasContentIssue false

Heinz v. Contracting Parties to the European Patent Convention

European Commission of Human Rights.  10 January 1994 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International organizations — Powers — Division of powers between organization and Member States — European Patent Office — Transfer of powers to Organization from Member States — Whether compatible with European Convention on Human Rights — Decision by Organization not to renew patent application because of non-payment of fees — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention — Whether manner in which powers exercised by international organizations could be subject of complaint to European Commission of Human Rights

Human rights — Scope of protection within international organizations — Requirement that international organizations respect fundamental rights guaranteed by European Convention on Human Rights — Whether procedural safeguards contained in European Patent Convention are adequate — Relevance of existence of appeals procedure

Human rights — State responsibility — Decisions taken by international organization — Alleged human rights violation — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights — Whether transfer of powers to international organization necessarily excluding State responsibility for the exercise of those powers — Scope of applicability of Convention guarantees

Treaties — Conclusion and operation — Multilateral treaties — Effect of subsequent treaty on obligations entered into under earlier treaty — Whether Contracting States may be answerable where conclusion of later treaty disables them from performing their obligations under earlier treaty

International tribunals — European Commission of Human Rights — Jurisdiction — Procedures of European Patent Office — Whether Commission competent to examine compatibility of those procedures with European Convention on Human Rights

Type
Case Report
Copyright
© Cambridge University Press 1998

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)