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

Erik Josefsson erik.hjalmar.josefsson at gmail.com
Wed Dec 5 04:52:31 PST 2012


Hello,

For you who follow the process closely, the deadline for amendments just
expired:

    *[hub] Provisional deadline for amendmens to the Patent Package
    passed at 12h00 on Wednesday 5 December 2012*
    http://icg.greens-efa.org/pipermail/hub/2012-December/000023.html

    *[hub] Greens/EFA amendments to the Patent Package 5 December 2012*
    **http://icg.greens-efa.org/pipermail/hub/2012-December/000022.html

Direct link to amendments:
http://icg.greens-efa.org/pipermail/hub/attachments/20121205/8a1c8bb9/attachment-0001.pdf

(the html-scrub leaves the mails in the archive quite raw, apologies)

Best regards.

//Erik


On 12/04/12 15:31, Ante wrote:
> An EU patent as solid as the Euro?
> http://acta.ffii.org/?p=1690
> 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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