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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, November 26, 2003Today beginning of the 2547th meeting of the Council of the European Union Competitiveness (Internal Market, Industry and Research).Today in Brussels ministers gather together for the 2547th meeting of the Council of the European Union Competitiveness (Internal Market, Industry and Research). According to the Provisional Aganda we should expect major decisions concerning the fate of the EU Community Patent as well as concerning some amendments of the Regulations governing the Community Trade Mark.
What seems to be clearly missing is any topic on the agenda concerning the Draft Directive on the patentability of computer-implemented inventions. I am inclined to guess that de facto the second procedural option presented in document No. 13955/03 of the EU Council will be adhered to. This position started from a consideration that there would not be sufficient time to enable a common position to be adopted and transmitted to the European Parliament in time for the latter to conduct a second reading before dissolution next year. In view this case, an option was mooted to proceed with less urgency but with a view to transmitting the Council's common position at a time which would allow the European Parliament to begin a second reading as soon as possible after the elections. However, the newly-elected European Parliament would have the option of confirming its opinion at first reading and proceeding to a second reading, or of recommencing the codecision procedure.
As far as I can see now there is no room anymore for the first procedural alternative which had been preferred by the EU Commission. This option had been "to organise work with a view to transmitting the Council's common position to the European Parliament in time for the latter to conduct a second reading before dissolution. This would imply transmission before the Parlementary session beginning on 12 January 2004. Bearing in mind the time required for finalisation of a common position by the legal/linguistic experts, this in turn would imply a political agreement by the Council (Competitiveness) at its meeting on 27 November 2003. Adoption of this option would require the necessary resources to be made available, in particular in terms of meeting time, to allow the Working Party and the Permanent Representatives Committee to give due consideration to the amendments proposed by the European Parliament with a view to preparing the political agreement and the common position. "
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