McCreevy On European Patent Policy: "We Must Strike Now While The Iron Is Hot".
Mr. Charlie McCreevy, European Commissioner for Internal Market and Services, has given a speech at the European Parliament's Legal Affairs Committee (JURI) on March 20, 2007, saying:
"[...] One of the Lisbon priorities is to improve the way intellectual property rights are handled in Europe. The Spring European Council invited the Commission to put forward a strategy for patents. We intend to do so. I think we must strike now while the iron is hot.
And yet, as you well know, experience shows that there is still a sizeable gap between ambition and reality in this area. There has been frustrating deadlock. Europe cannot afford such deadlock much longer. We must do more to support the process of change that helps transform Europe from a production-based economy to a knowledge and service-based economy. Patents are essential to foster clever solutions in key technologies. Without patents, there is no dynamic knowledge transfer from research to markets.
Does Europe have the best patent system in the world? I doubt it. The single market for patents is far from complete. Fragmentation has serious consequences for the competitiveness of Europe in relation to the challenges of the US, Japan and emerging economic powers such as China and India.
And there is more: a fragmented litigation system leads to a lack of certainty for users of the patent system. For one and the same invention, the tribunals of several Member States might come to different conclusions.
And yet, our patent policy has been held back by protracted debate and argument. We have failed to deliver the results that Europe's innovators and inventors need. They are left out in the cold. This cannot go on. We can not sustain such a competitive disadvantage.
We have to show that Europe is prepared to respond to the challenge of globalisation. If we want to be at the forefront of innovation, a sound patent strategy is indispensable. Concrete progress is needed.
This requires creativity. And it requires compromise. We need a realistic approach that takes the best elements from the different proposals that have been made. Without readiness of all parties to really try and resolve this issue in the interest of our companies and inventors, we simply will not make progress.
With my services, we have prepared a Patent Strategy that addresses the open issues on both to the Community Patent and the creation of a European patent Litigation System. It also sets out 'flanking measures', such as support for SMEs, technology transfer, and enforcement issues including alternative dispute resolution, patent litigation insurance, and international aspects of enforcement. This is currently being discussed in the Commission.
But let us be clear about one thing: No progress will be made without a constructive attitude by all players. Agreement is not a foregone conclusion. [...]"
Obviously, it appears as if Mr. McCreevy is just appealing to the willingness to the stakeholders to compromise about the various open questions of patent politics from EPLA to Community Patent. What else could he do? And yes, he is absolutely right when re-iterating "agreement is not a foregone conclusion".
a speech at the European Parliament's Legal Affairs Committee (JURI) on March 20, 2007, saying: