[A2k] Unitary Patent: the legal services of the European Parliament confirms doubts about illegalities, MEPs plunge ahead

"Gérald Sédrati-Dinet (Gibus)" gibus at april.org
Wed Nov 28 08:02:21 PST 2012


<https://www.unitary-patent.eu/content/unitary-patent-legal-services-european-parliament-confirms-doubts-about-illegalities-meps>

Paris, November 28th, 2012. Press release. – On Monday, November 26th,
2012, the legal affairs (JURI) Committee of the European Parliament held
an exchange of views with the legal services [1] on the legality of the
Cypriot compromise on the unitary patent regulation. Once again, the
illegalities of the project have been made obvious, but nonetheless the
European Parliament seems decided to go forward. April calls for a
re-examination of the text and the possibility to amend it, to ensure
legal certainty.

After lawyers, law professors, and various specialists [2], it is the
Legal Services of the European Parliament's turn to voice reservations
about the legality of the organisation of the patent package. Indeed,
the current proposal for a unitary patent package mixes elements of EU
law and international law, and asks the European Parliament to give up
all safeguards on defining patentatibility. All checks and balances, and
our rights, including the rights to code, would then be questioned [3].

Software patentability, and the means of recourse against such threats
to innovation [4], were briefly mentioned, but only to state that legal
services do not know whether there will be any legal instance to oppose
them.

“At this stage, it is clear that the Parliament isn't able to vote for a
patent system that would both be acceptable by the Council, and be
compliant with EU law and foster European innovation" explains Gérald
Sédrati-Dinet, volunteer expert on patents for April. "The only solution
to such a deadlock is to follow institutional rules and head on for a
second reading. Would the Parliament bow down to Council's illegal and
dangerous claims, the elected representatives could not be portrayed as
anything else than Member States' lackeys, to the contempt of EU firms
and citizens.”

It is consequently crucial to keep on informing MEPs on the threats
posed by the current unitary patent proposal, by calling MEPs [5] to
inform them. Companies can also sign the resolution proposed by April [6].

[1]  The video of the exchange and a transcript are available on
<https://www.unitary-patent.eu/content/unitary-patent-not-compliant-eu-law>.

[2]
<http://www.april.org/en/more-and-more-scholars-and-lawyers-becoming-vocal-critics-unitary-patent-revision-needed>

[3] For more information about the issues related to the unitary patent,
please check <https://unitary-patent.eu/>

[4] For more information on the threat posed by software patents, see
the summary of the issue by April (in French)
<http://www.april.org/publication-april-synthese-sur-les-brevets-logiciels>.

[5] <http://call.unitary-patent.eu/>

[6]
<https://www.unitary-patent.eu/content/against-software-patents-companies-demand-improvement-unitary-patent-europe>
-- 
Gérald Sédrati-Dinet
http://www.unitary-patent.eu/      http://www.april.org/
http://www.brevet-unitaire.eu/     http://laquadrature.net/




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