Monday, 21 April 2008

More on São Tomé and Príncipe's accession to the PCT

Following Jeremy's post on the accession of the Democratic Republic of São Tomé and Príncipe to the PCT, Craig Kahn has added that in many instances when a developing country joins the PCT, there is a delay in amending the national law to allow for PCT national phase applications. This then leads to uncertainty as to whether or not any enforceable rights will be granted for applications filed before the national law is amended. However, in this particular case the law in Sao Tome and Principe already recognizes the PCT and provides that if there is any conflict between the national law and the PCT, then the PCT Rules prevail.

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