[A2k] An EU patent as solid as the Euro?
ante at ffii.org
Tue Dec 4 06:31:02 PST 2012
An EU patent as solid as the Euro?
December 4, 2012
Member of the European Parliament Eva Lichtenberger has sent an open letter to
her colleagues about the European Patent Package.
She notes the patent package is set to be debated and voted in first reading
in the December despite the fact that the European Council amended the first
reading agreement reached with the Legal Affairs Committee, and no subsequent
negotiations have being held to discuss this.
The Legal Affairs Committee refused her request for a written opinion from the
EP’s legal service. The European Court of Justice is also currently
considering the legality of the enhanced cooperation on the patent package,
with a ruling of Advocate General expected on 11 December: the same day as the
vote. She writes that it is quite likely that the opinion will conclude that
the procedure is not compatible with the Treaty.
She proposes to remove the patent package from the agenda.
With the patent package, the EU “would be delegating competence and powers in
this area to the European Patent Office (EPO), an extra-EU institution. The
‘compromise’ imposed by the Council gives the EPO the power to grant of
unitary patents without any effective review by the European Court of Justice
(ECJ), which would be largely excluded from the jurisdiction on EU patents.
There would be no possibility to appeal decisions of the new Unified Patent
Court before the ECJ. The Unified Patent Court could just ask the ECJ to give
preliminary decisions, while leaving the final decision with the Unified
Patent Court. Furthermore, the European Parliament would give up its rights
and competence to co-legislate changes to the patent regime, as the content of
the unitary patent no longer would be decided upon in an EU legal act, but in
an international agreement among the Member States.”
The Greens will table amendments.
The EU tends to take half measures. It did so with the Euro, a common currency
without a political union. This time the EU is about to give in to the UK, and
create an EU patent without the Court or Parliament having any influence.
While in Europe small and medium sized enterprises are essential, the EU is
about to leave its patent policy to a captive incrowd. May the Parliament wake
up in time.
See also http://unitary-patent.eu/
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