Brussels, 24/06/2010 (Agence Europe) - By Wednesday 30 June 2010, the European Commission will have put the finishing touches to its draft regulation on the language system for the European Union's new patent system following the partial agreement reached by the Competitiveness Council in December 2009 (see EUROPE 10149). We understand that the Commission is now considering a radical new move - to make translation of the EU patent compulsory only for the three official languages (English, French and German) used by the European Patent Office (EPO). Translations into these three languages would have legal value, meaning that they can be used in any disputes or court cases. Spain, Italy and Finland are reported to be opposing this solution, which finds favour in the business world, anxious to cut costs. In the first six months of this year, EU Internal Market Commissioner Michel Barnier sounded out the Spanish Presidency on a more flexible arrangement that made a nod towards Spain's demand for Spanish to be the fourth legally valid language for the EU patents on the grounds of non-discrimination and legal security. Spain refuses point blank to consider using only the three official EPO languages.
Why would the Commission make such a radical suggestion knowing full well that it stood no chance of being adopted? Under instruction from the Competitiveness Council, the Commission announced draft legislation in May but it is now reported to be testing out a new idea and making member states face their responsibilities. The Council of Ministers would have to take a view on the draft legislation within an appropriate timeframe, failing which it would reveal itself incapable of reaching political agreement (repeating the 2003 debacle). This would then lead to a new line being followed - looking into the option of “strengthened cooperation” rather than unanimous decision-making. The stakeholders argue that any talk of strengthened cooperation is premature at the moment but the idea will build, the longer this issue drags on. (M.B./transl.fl)