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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, September 20, 2006PSE Group in European Parliament Attacking EPLA, Endorsing London Agreement.From a recent press release of the PSE Solialist Group in the European Parliament:"[...] The Socialist MEPs will next week table a motion in Strasbourg to scrap the McCreevy plan for a new Munich-based court system to oversee patent law. The system would be outside the reach of both the European Parliament and the Court of Justice.The full text of the Draft motion is available on-line. The text intends to encourages EU Member States to consider the ratification of the London Agreement on the Application of Article 65 of the European Patent Convention as a means of optimizing the European patent system in the short term and gradually coming closer to an agreement on the language regime for a future Community patent in the long term. However, they insist that the creation of a non-EU European Patent Judiciary (EPJ) and a non-EU European Patent Court (EPCt) pursuant to the European Patent Litigation Agreement (EPLA) would call into question the commitment of its contracting states (that are also Member States) to the Community courts and the Single Market.Please note that this is a Draft motion not yet passed by the plenary of the European Parliament. The crucial question, after all, will be as to whether or not  the EU Member States are barred by the acquis communautaire (the totality of existing EU law) to agree upon an EPLA treaty. If the EPLA can be ratified outside the system of EU law without interference, any vote of the European Parliament would be rather meaningless. If, at the end of the day, it should turn out that the subject-matter of the EPLA can only be dealt with within the body of EU law, then it will depend on procedural details of EU legislation if the European Parliament can scrap any political deal.Let's wait and see. Technorati Tags: Patents[UPDATE 2006-09-24] See also a similar motion by Mr. Thomas Wise MEP on behalf of the IND/DEM Group. The well-known campaigner Mr. Florian Müller provides a comment as follows: "Since the ID group's members are outspoken critics of the EU (the UKIP would like to see Britain leave the union), they have obviously decided not to make calls for a community patent or for an involvement of the European Court of Justice. But that's no problem for us: the most important thing at this stage is to make it clear that commissioner McCreevy's plan to push for the EPLA is the wrong way to go."
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