It emerged this week that the Maltese government, on December 1, deposited its instrument of accession to the Patent Cooperation Treaty (PCT) with the World Intellectual Property Organisation (WIPO).
The instrument of accession contains the declaration that, pursuant to Article 64(5) of the said Treaty, the Republic of Malta does not consider itself bound by Article 59 of the said Treaty, which states that:
"Subject to Article 64(5), any dispute between two or more Contracting States concerning the interpretation or application of this Treaty or the Regulations, not settled by negotiation, may, by any one of the States concerned, be brought before the International Court of Justice by application in conformity with the Statute of the Court, unless the States concerned agree on some other method of settlement. The Contracting State bringing the dispute before the Court shall inform the International Bureau; the International Bureau shall bring the matter to the attention of the other Contracting States."
The Treaty will enter into force, with respect to the Republic of Malta, on March 1, 2007.
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