[A2k] An EU patent as solid as the Euro?

Ante ante at ffii.org
Tue Dec 4 06:31:02 PST 2012

An EU patent as solid as the Euro?
with links

December 4, 2012
By Ante

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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