There seems to be a formidable institutional crisis between the EU Council, the EU Commission, and the European Parliament, the crisis triggered and fuelled by the ongoing political row over the Draft Directive on the patentability of computer-implemented inventions. Under the funny title "Computerised inventions: the Commission refuses to budge" the EUROPARL News Report says:
"[...] Parliament's Conference of Presidents held talks on Thursday with Internal Market Commissioner Charlie McCREEVY on the draft directive on the patentability of computer-implemented inventions. Mr McCreevy was there to explain why the Commission is refusing to resubmit its directive for a new first reading, as Parliament has requested.
EP President Josep BORRELL opened the meeting by stressing that, while the Commission was entitled to reject a request for a new reading by Parliament, under the Treaty it must inform Parliament of the reasons for its decision, 'which the Commission neglected to do'.
Mr McCreevy explained that the Commission preferred to stick with its existing text and await the outcome of the Council meeting of 7 March so as to avoid 'changes which might lead to some chaos' in the procedure. The Commissioner pointed out that, at second reading, Parliament would be able to reject or amend the Council's common position. The Commission would then have to adjust its position accordingly. He also said that, if the Member States were unable to reach agreement on 7 March, it would be up to the Council to decide what to do next. 'It is the Council that will have a problem, not us or you', he said.
Following speeches by the political group leaders, Mr Borrell formally noted the Commission's position. As to the next steps, he agreed that Parliament would have the opportunity to react at second reading to the Council's common position, 'assuming there is one'. He added that Parliament would have to draw conclusions from this situation, particularly with regard to the interinstitutional agreement on relations between Parliament and the Commission, and said 'We will see how we administer the future". [...]'
"[...] The Danish Minister of Economic and Industry Affairs Bent Bentsen has been obliged by the Danish Parliament EU Committee to reopen the software patents discussion in the EU Council of Ministers. Therefore, the directive cannot be adopted as an A-item (formal point) at the Competition Council meeting on Monday. [...]"
But I think that it is still absolutely open whether or not Mr. Bentsen (or anybody else representing Denmark) will actually comply. There are also other reports expecting that on Monday March 07, 2005 the EU Council eventually will formally adopt the political agreement as of May 2004. It remains open. Monday night we shall know more ...
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:
EUROPARL News Report says:
