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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Friday, March 03, 2006German Institute of Patent Attorneys Publish Response to EU Patent Consultation.The German Institute of Patent Attorneys ("Patentanwaltskammer") recently have published their response [In German only, sorry] on the Consultation of the European Commission:"[...] The possible further development of the patent protection system in Europe should not be taken as a cause for putting into question the substantive patent law as it is in force in Europe or the procedures for granting patents of the European Patent Office. [...]"Consequently, the Institute does not see any cause for a political debate on principles concerning patent protection in view of ethical behaviour, protection of the environment, health protection, or freedom of information. According to the Institute, this also holds with regard to software and biotechnology. Furthermore, the Institute complains on the lack of a patent litigation system comprising a (centralised) higher Court instance in order to facilitate harmonising various aspects of procedural patent law. But they insist on a decentralised system of Courts on the entry level. The EU Community Patent as proposed with the common political approach is dismissed outright, and the EU Commission is asked to withdraw that proposal. In particular, the Institute is unhappy with the litigation arrangement under the EU Community Patent providing just one centralised Court. Also the language regulation under the Community Patent is considered to be inadequate. According to the Institute, the European Patent Litigation Agreement (EPLA) should be enacted because of it is deemed to be able to facilitate harmonisation of case law on top of the case law of existing local courts.The Institute does not support any EU Directive for further harmonising the law on patents in Europe. Technorati Tags: Patents
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