
On November 02, 2009, I had reported on Document 15149/09 addressed to the Intellectual Property Attachés of the EU Member States and titled Proposal for a Council Regulation on the Community patent
- Revised text. To what end will these preparatory works come, and when?
The Intellectual Property Expert Group (ipeg) are feeding hopes in their Blog that the Swedish EU Presidency might be lucky enough to successfully forge some sort of political compromise on the EU Community Patent as well as on the Unified Patent Litigation System (UPLS) later this year.
"[...] Community patent/UPLS issues are being discussed a few times each year. During any presidency, the competitiveness council only meets a few times. So this means that the Swedes have quite a small chance to create political momentum and drive negotiations to reach a decision-making stage.
On December 3 and 4 of this year, the Competitiveness Council will assemble again to see if they can reach an agreement on 'a general political' approach for the community patent/UPLS efforts. The question on what language(s) should be the common one(s) for a potential community patent remains a sore spot for many member states. [...]"
Well, there is a lot of recent activity in the EU Council carefully locked away from the general public:
- 16141/09 - Enhanced patent system in Europe - Draft Council conclusions - Drafting proposal by the Hungarian delegation;
17-11-2009
- 16180/09 - Enhanced patent system in Europe = Comments by the Danish delegation; 17-11-2009
- 15695/09 - Draft Council conclusions on an enhanced patent system in Europe - General approach on the proposal for a Council Regulation on the Community patent; 13-11-2009
- 15695/09 ADD 1 - Enhanced patent system in Europe - Draft Council conclusions; 13-11-2009
- 15695/09 ADD 2 - Proposal for a Council Regulation on the Community patent - Revised text; 13-11-2009
- 15148/09 - Draft Council Conclusions on an enhanced patent system in Europe - Revised/annotated text; 29-10-2009
- 15122/09 - Draft Council Conclusions on an enhanced patent system in Europe - Comments by the United Kingdom delegation;
28-10-2009
It should, however, not be overlooked that the decision to build UPLS on the basis of an Agreement outside the EU Lisbon Treaty not only enables accession by non EU-States like Turkey but also means that the painstaking process of ensuring ratification by all EU member States plus interested States outside the EU has to start again. And the Danish Government has already indicated in Document 14531/09 that this would require transference of competence which means that according to the Danish Constitution this would require either a national referendum or a 5/6 majority in the Parliament. Plus, of course, there is a pending referral of legal questions to the European Court of justice (ECJ) which also have not been published yet. Before any final decision, the ECJ must have their say.