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CONTENT SYNDICATION
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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, October 01, 2003The Community Patent at the Competitiveness Council.During the past weeks of intensive public debate and depressing news from the European Parliament concerning the draft Directive on the patentability of computer-implemented inventions the fate of the Community Patent might have been more hidden in the background. In fact, on its session on September 22, 2003 the EU Competitiveness Council had concluded as follows [Page 11]:
"[...] The Council took note of a progress report on the state of play regarding the draft Regulation creating a Community Patent. The Council confirmed the importance it attaches to concluding work on all aspects of the Community patent system as soon as possible. Therefore, the Council invited the Permanent Representatives Committee to examine pending questions in order to be in a position to reach a political agreement on the draft Regulation and on the necessary modifications of the European Patent Convention at one of its November meetings. The aim of the proposal for a Council Regulation on the Community Patent is to provide for the creation of a single industrial property right for the whole Community, to be granted by the European Patent Office (EPO) in Munich. It aims at eliminating the distortions of competition created by the territorial nature of national protection rights and ensuring the free movement of goods protected by patents. Alongside this draft Regulation, amendments will have to be made to the European Patent Convention to enable the European Patent Office to play its part in the Community patent system. There is also a need to introduce jurisdictional arrangements in the draft Regulation and to create, through the future Commission proposals, a judicial panel "Community Patent Court", to decide on legal disputes in respect of Community patents. [...]" Hence, now it is up to the Permanent Representatives Committee ("COREPER") to deliberate on the Community Patent in closed session in order to find out how to carry on with this very important project.
FFII e.V. is already threatening the EU Community Patent project. However, they will hardly find any lever to sabotage this matter because of in this case the  involvement of the European Parliament is merely of consultatory nature.
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