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Tuesday, December 05, 2006

2769th Council Meeting, Brussels.

The EU Council just has published

Document 15717/06 (Presse 337) which is a press release concerning the 2769th Council meeting Competitiveness (Internal Market, Industry and Research) held in Brussels, December 04, 2006:

"[...] An effective IPR framework at European level is essential for innovation. The Council therefore welcomes the Commission's intention to present, in the course of 2007, a comprehensive IPR Strategy. The Council stresses the need for such a strategy covering all forms of IPR and ensuring synergy with other policies. Regarding patents, the Council invites the Commission to present its Communication on patents, which will be based on ongoing consultations, as soon as possible. The Council will respond to the Commission's initiatives in due course. [...]"

Well, not very much details so far. However,

Gulf Times have

another version of the story:

"[...] The European Commission has been forced to delay its proposals for breaking a 20-year deadlock over how to create a cheap and simple pan-European Union patent system, a top official said yesterday.

[...] But France, backed by Italy, Spain and several other EU states are opposed, saying EPLA would not be part of EU law.

'We have made proposals to you concerning having a community jurisdiction for dealing with disputes with European patents,' French Industry Minister Francois Loos told the meeting. 'This ... offers the best legal security and political legitimacy.'

The French proposals would involve the European Court of Justice, the EU's top court, playing a role alongside national patent courts in resolving disputes.

Too few member states support EPLA, Loos added.

Belgium said if no solution was found in coming weeks, it would propose that a group of states move ahead with a common solution that others could also adopt later.

Britain, Austria and the Netherlands said they backed EPLA as it would deliver quick and cheap benefits to business.

Brigitte Zypries, a federal justice minister for Germany, which assumes the EU presidency in January, questioned whether the French proposal was practical.

Zypries said the EU treaty would have to be changed to allow the ECJ to rule on disputes between two individuals, a step that would take a long time and the top court is already complaining it is understaffed and overworked. [...]"

It is quite disappointing, in particular in view of Mr. Loos' statement. This all might perhaps indicate that despite general support for EPLA from the industry's side there will be a long way to go. I think that Ms. Zypris is right with her remark concerning the ECJ and I am inclined to say that a 'core club' of vanguard countries should go ahead alone, if necessary.

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[UPDATE 2006-12-06] Mr. Tobias Buck

writes in FT:

"[...] Hopes fade for EU patents reform initiative

Published: December 6 2006 00:43 | Last updated: December 6 2006 00:43

A long-running campaign to set up an efficient, pan-European patent regime is in danger of collapse, Charlie McCreevy, the European Union internal market commissioner, said on Tuesday.

Mr McCreevy told the Financial Times he was frustrated that his initiative to set up a simpler system to settle patent disputes had been shelved owing to pressure from France and other member states. [...]"

[Permalink]

Joff Wild has provided an interesting comment on all that matter. See this:

http://tinyurl.com/yhj2qn

# posted by Axel H Horns : 05 December, 2006 21:12