BLOG@IP::JUR

 

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Portugal is perhaps too busy writing new patent law initiatives within its 6 month Presidency. Signing EPC 2000 will have to wait. Not a good example to the French, Italians, Turks though, is it Portugal? But seriously, if these countries sign late, does it matter in practice? Not usually, here in Europe.
 
 

 

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@anonymous:

"But seriously, if these countries sign late, does it matter in practice? Not usually, here in Europe."

Portugal has signed EPC2000 years ago. This is not the problem. What is missing is the deposit of the Instrument Of Ratification, i.e. of a document certifying that the Portuguese Parliament has ratified EPC2000.

Each and every of the EPC Member States failing to deposit an Instrument Of Ratification by December 13, 2007, will automatically leave the EPC - that indeed would matter, I think. I would like to stress that the other EPC Member States do not have any option to exercise some sort of political "grace" - they can't do anything about that: By provisions of law, e.g. Portugal would not be EPC Member on December 14, 2007, if they fail to deposit in due time. This is different from the handling of lateness when EU Member States fail to cast secondary EU Law into national Law - in such a case, they get reminders from Brussels and eventually get sued before the ECJ but they are not forced out of the EU.

In such a case, also European Patents could no longer be granted for such a country leaving the EPC. And, European Patent Attorneys seated in such country would lose their professional status so far.
 
 

 

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The website of the Italian Senate indicates the ratification law has already passed the Senate and is now before the Chamber of Representatives.

Italy's slowness in ratifying the EPC2000 may be linked to a local campaign against biotech patents. The Italian Green Party has issued a call to set a sign against the EPO's granting practices by eventually being the first country to leave the EPC.
 
 

 

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Update about Italy: The ratification bill was approved by the Senate in October. Now, the bill has been discussing at the competent Commission in the Chamber of Deputies. The final vote may be expected in the second half on November. At present, there is no political opposition to the ratification, but the examination process is inherently very very slow. Italian members of EPI are monitoring the situation and the risk to be in late is dramatically real. In fact, after the parliament vote, the ratification must undergo a complicated and time-expensive process before having the instrument of ratification deposited according to the EPC2000 provisions.
Mario Leone
mario.leone@leonespadaro.it
 
 

 

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Regarding ratification by France, the link points to the ratification of the LONDON AGREEMENT that relates to translations and not to the ratification of the EPC2000.
 
 

 

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@Anonymous: Ops, you are right. I've taken down that link - but EPC2000 has definitively been ratified by French Parliament, anyway.
 
 

 

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I saw this news about Turkey:

http://www.turkpatent.gov.tr/portal/default_en.jsp?sayfa=161&haber=396

"On Tuesday March 13, 2007, the Turkish Parliament voted on the ratification of EPC 2000. The Turkish Parliament adopted the law on ratification of EPC 2000. The Law No: 5598 was published in Official Gazette on March 17, 2007."

Haven't seen confirmation anywhere else, though, or any explanation as to why no instrument of ratification has been desposited.

Gerontius
 
 

 

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new update about Italy: today the Italian parliament passed the ratification bill - now the ratification procedure is starting
 
 

 

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Update about Turkey:

http://www.epo.org/patents/law/legislative-initiatives/epc2000/status.html