EU Commissioner Mr. Charlie McCreevy on Patent Politics.
Mr. Charlie McCreevy, European Commissioner for Internal Market and Services, has presented today under the title Stocking on industrial and intellectual property before the European Parliament Legal Affairs Committee a speech from which I have taken the quote below:
"[...] Turning to patents, the situation is, unfortunately, very different. The Community has made only two forays into the field of harmonisation of the substantive rules governing patentability, both in sectors crucial to the competitiveness of European industry. The biotechnology directive adopted in1998, was agreed after long and difficult discussions in Parliament and Council. It is perhaps symptomatic of the complexity of this area of technology and the emotions it arouses that three Member States have still not fully transposed the Directive, five years after the due date.
The debate surrounding the proposal on computer implemented inventions had one incontrovertible benefit: it interested a great many people in IPR and demonstrated that this is not a dry and dull subject for fusty lawyers. But it also showed the degree of misunderstanding which attaches to this area of law.
We need to do better in explaining why patent protection may be needed and the benefits it may have. Of course, we need to take account of the internet-driven debate on the so-called 'economic enclosure' of knowledge. We need to ensure that future debates take place on the basis of empirical data and sound analysis of the possible consequences of changes in the current rules. That is why my services have commissioned a study on the value of patents.
One proposal which clearly meets business demands for reducing the costs of IPR protection and provides legal security is the Community Patent proposal: it is central to achieving the aims of our revised Lisbon Strategy. Nonetheless, 5 years have now passed since the Commission presented its proposals for a Community patent to the Council and the Parliament, and there is still no agreement. The reason for this delay lies in entrenched postures resulting in an unwillingness to put the long term economic interests of all of European industry ahead of short-sighted national concerns. This single, pan-European patent would be an attractive alternative option for users of patent systems in Europe.
There is a danger that the debate on the Community Patent will parallel the play 'Waiting for Godot'. Lots of clever discussion but Compat, like Godot, the main character, never shows up. During my mandate I am willing to make one determined effort to ensure the adoption of the Community Patent. However, I do not want to be in the situation, four years from now, when I am handing this portfolio over to my successor, to be telling him or her that I am still waiting for the Community Patent. We owe it to industry, investors, researchers, to have an effective patent regime in the EU. Unless we can find agreement soon on the Community Patent, this is not going to happen.
I do not see the circumstances arising in the next few months that will create the conditions for the one determined effort I envisage. Accordingly, I would like to use the next three months to launch and engage in a dialogue to determine what might usefully be done to provide Europe with a sound IPR framework. As well as continuing to strive for the Community Patent an issue to be considered is the existing framework of the European Patent Office, especially the litigation arrangements. I would like to hear what stakeholders think of this idea.
I know that some of you have suggested a third way: the harmonisation of national patent rules. Of course, at this stage, all avenues should be explored. But before going up this avenue, we would need to be sure of the added value, so I intend also to seek views on this suggestion.
This should help us form a clear picture on what our next steps should be.[...]"
So, Mr. McCreevy provides us with some deeper insights into his personal political agenda to be followed during the remainder of his own term of office as a Commissioner. Contrary to some rumours there will be no spectacular initiative very soon.
"Accordingly, I would like to use the next three months to launch and engage in a dialogue to determine what might usefully be done to provide Europe with a sound IPR framework", Mr. McCreevy said. Will that merely mean his office again swamped with thousands of redundant e-mails exhibiting more or less again and again the same view, co-ordinated and orchestrated in a highly effective manner by the various anti-patent campaigners' grassroots groups? In view of such general expectations I can only hope that also the stakeholders of the patent system will make up their minds and raise their voices publicly. "Publicly" here in particular means "visible on the Internet", not statements confined to restricted presentations made in private sessions or at the occasion of informal meetings over lunch.
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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:
Stocking on industrial and intellectual property before the European Parliament Legal Affairs Committee a speech from which I have taken the quote below:
