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Document 11957A016

TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE TWO - PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY, CHAPTER II: DISSEMINATION OF INFORMATION, SECTION II: OTHER INFORMATION, B) COMPULSORY COMMUNICATION TO THE COMMISSION, ARTICLE 16

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ELI: http://data.europa.eu/eli/treaty/euratom/art_16/sign

11957A016

TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE TWO - PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY, CHAPTER II: DISSEMINATION OF INFORMATION, SECTION II: OTHER INFORMATION, B) COMPULSORY COMMUNICATION TO THE COMMISSION, ARTICLE 16


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ARTICLE 16

1 . AS SOON AS AN APPLICATION FOR A PATENT OR A UTILITY MODEL RELATING TO A SPECIFICALLY NUCLEAR SUBJECT IS FILED WITH A MEMBER STATE , THAT STATE SHALL ASK THE APPLICANT TO AGREE THAT THE CONTENTS OF THE APPLICATION BE COMMUNICATED TO THE COMMISSION FORTHWITH .

IF THE APPLICANT AGREES , THIS COMMUNICATION SHALL BE MADE WITHIN THREE MONTHS OF THE DATE OF FILING THE APPLICATION . IF THE APPLICANT DOES NOT AGREE , THE MEMBER STATE SHALL , WITHIN THE SAME PERIOD , NOTIFY THE COMMISSION OF THE EXISTENCE OF THE APPLICATION .

THE COMMISSION MAY REQUIRE A MEMBER STATE TO COMMUNICATE THE CONTENTS OF AN APPLICATION OF WHOSE EXISTENCE IT HAS BEEN NOTIFIED .

THE COMMISSION SHALL MAKE ANY SUCH REQUEST WITHIN TWO MONTHS OF THE DATE OF NOTIFICATION . ANY EXTENSION OF THIS PERIOD SHALL ENTAIL A CORRESPONDING EXTENSION OF THE PERIOD REFERRED TO IN THE SIXTH SUB-PARAGRAPH OF THIS PARAGRAPH .

ON RECEIVING SUCH A REQUEST FROM THE COMMISSION , THE MEMBER STATE SHALL AGAIN ASK THE APPLICANT TO AGREE TO AGREE TO COMMUNICATION OF THE CONTENTS OF THE APPLICATION . IF THE APPLICANT AGREES , COMMUNICATION SHALL BE MADE FORTHWITH .

IF THE APPLICANT DOES NOT AGREE , THE MEMBER STATE SHALL NEVERTHELESS BE REQUIRED TO MAKE THIS COMMUNICATION TO THE COMMISSION WITHIN EIGHTEEN MONTHS OF THE DATE ON WHICH THE APPLICATION WAS FILED .

2 . MEMBER STATES SHALL INFORM THE COMMISSION , WITHIN EIGHTEEN MONTHS OF THE FILING DATE , OF THE EXISTENCE OF ANY AS YET UNPUBLISHED APPLICATION FOR A PATENT OR UTILITY MODEL WHICH SEEMS TO THEM , PRIMA FACIE , TO DEAL WITH A SUBJECT WHICH , ALTHOUGH NOT SPECIFICALLY NUCLEAR , IS DIRECTLY CONNECTED WITH AND ESSENTIAL TO THE DEVELOPMENT OF NUCLEAR ENERGY IN THE COMMUNITY .

IF THE COMMISSION SO REQUESTS , THE CONTENTS OF THE APPLICATION SHALL BE COMMUNICATED TO IT WITHIN TWO MONTHS .

3 . IN ORDER THAT PUBLICATION MAY TAKE PLACE AS SOON AS POSSIBLE , MEMBER STATES SHALL REDUCE TO A MINIMUM THE TIME TAKEN TO PROCESS APPLICATIONS FOR PATENTS OR UTILITY MODELS RELATING TO SUBJECTS REFERRED TO IN PARAGRAPHS 1 AND 2 CONCERNING WHICH A REQUEST HAS BEEN MADE BY THE COMMISSION .

4 . THE COMMISSION SHALL TREAT THE ABOVE-MENTIONED COMMUNICATIONS AS CONFIDENTIAL . THEY MAY ONLY BE MADE FOR DOCUMENTATION PURPOSES . THE COMMISSION MAY , HOWEVER , MAKE USE OF THE INVENTIONS COMMUNICATED TO IT , EITHER WITH THE CONSENT OF THE APPLICANT OR IN ACCORDANCE WITH ARTICLES 17 TO 23 .

5 . THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY WHEN AN AGREEMENT CONCLUDED WITH A THIRD STATE OR AN INTERNATIONAL ORGANISATION PRECLUDES COMMUNICATION .

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