EU Commissioner Mr. Charlie McCreevy on EU Patent Strategy.
Mr. Charlie McCreevy, European Commissioner for Internal Market and Services, on EU Patent Strategy at the occasion of the PanEuropean Intellectual Property Summit, Brussels, December 07, 2006:
"[...] I will not over-dramatise the situation. But I will put it to you straight. If we are not able to find more fertile ground for a proposal over the coming months, then we might as well put our energies to better use.
Those of you who read the FT, will know that I am not optimistic. My own experience is that the patents area is a minefield, fraught with difficulties. But I am a man of my word. When I took up office I said I would make one last attempt to make progress on the patent system, when the time was ripe.
I've been a politician long enough to know that, if there is a will, there is a way. But that is precisely the question. Is there a will to find a solution at EU level in the interests of the overall competitiveness of the EU economy?
Initiatives such as the recently submitted report commissioned by Thierry Breton for the French government on the 'Intangible economy' and the Gower Report in the UK show that Member States may be waking up to the challenge. This gives me some hope.
But a good solution will require compromises from all involved. The Commission will play its part in trying to find a workable solution. The next few months will be critical in this respect.
I call on Member States to be active and not 'counter-active'. Industry must also play its role. What you told us in the consultation must be repeated at home to all those who are involved in the decision-making process in your capitals.
I would like to take this opportunity to remove any lingering doubts there may be that initiatives on the jurisdictional arrangements might have a negative impact on the quality of patents in Europe. This is not the case.
The quality of patents in Europe, particularly in new technology sectors, is of paramount importance to the users of the system. Any initiative aiming at reduction of patenting costs must be accompanied by patent quality enhancing solutions. We must make sure that patent applications are properly searched and examined. Also, any future jurisdictional arrangement must contain safeguards against Community-wide or even larger enforcement of low quality patents, including protection against the destructive practices of 'patent trolls', especially dangerous for the ICT industry.
Last, but certainly not least, we must make sure that small and medium enterprises, the backbone of European economy, have access to the patent system, unhindered by complex procedures and high costs. In that respect, we will look carefully into the idea that many SMEs put forward in their contributions: an alternative dispute resolution system, in the form of mediation or arbitration, for certain patent cases.
This is why, above and beyond any Communication on an EU patent strategy on jurisdictional arrangements, we will be producing a further Communication in 2007 on a range of flanking measures in the area of IPR that we need to consider, most of them directed at smaller companies. The Communication will include key issues such as:
Quality of patents in Europe;
Patent litigation insurance;
Alternative dispute resolution schemes;
General awareness actions on IPR;
Use of patents including licensing;
Better management and financial reporting of patents;
International enforcement of patents.
Our objective is to produce a system that, at all levels - national, European and Community - meets the needs of all stakeholders and provides a fair balance between the diverse interests involved.
Ladies and Gentlemen, we are now at a fork in a very long and winding road. The next few months will be critical if we are to make progress. I sincerely hope that there is a 'will' and that we will find a 'way'. But I will not beat about the bush if that proves not to be the case. [...]"
Who is to be blamed if all pending initiatives aimed at improving the European Patent Strategy should eventually fail?
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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:
EU Patent Strategy at the occasion of the PanEuropean Intellectual Property Summit, Brussels, December 07, 2006:
