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Europe Daily Bulletin No. 10273
Contents Publication in full By article 14 / 42
GENERAL NEWS / (eu) eu/patents

Commission endorses request for enhanced cooperation

Brussels, 08/12/2010 (Agence Europe) - EU Single Market Commissioner Michel Barnier has confirmed receipt of a letter from ten EU member states calling for “enhanced cooperation” on the European Patent, which will be discussed at the Competitiveness Council on Friday 10 December 2010. At a press conference on Wednesday 8 December, Barnier said that two further countries (unspecified) would be joining the ten (France, which is behind the idea, Germany, Denmark, Estonia, Finland, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden). Barnier added that he had been given authorisation by the other commissioners to tell the Council on Friday that the Commission is prepared to launch the necessary procedure. Under the Lisbon Treaty, it is the EU Council of Ministers, with the backing of the European Parliament, that takes the decision to authorise “enhanced cooperation”. Once decided upon, the Commission will unveil proposals for joint protection of a patent in the European Union. The French idea was unveiled on Tuesday 7 December 2010 and the Commission's positive attitude may help get the ball rolling because the European patent question has been in deadlock for years because of Spain and Italy's concern about the languages into which the European Patent would have to be translated. Opposition from Spain and Italy has prevented the Council of Ministers reaching unanimous agreement, as required under the EU Treaty. Italy also raised legal and political objections to the use of “enhanced cooperation” on the patent issue. The current deal on the Council of Ministers' negotiating table is for translation of the patent into three languages (German, French and English). On 10 November 2010, the United Kingdom, Ireland, the Netherlands, Slovenia and Sweden asked for the “enhanced cooperation” mechanism to be brought into action to allow participating countries to go ahead with the patent. Barnier is planning to back the latest deal put forward by the Belgian Presidency of the Council of Ministers because it goes further than the Commission's initial proposal, he explained. “Enhanced cooperation” was brought in by the Lisbon Treaty and is underpinned by a very open philosophy. Barnier said that a number of member states, probably 11 or 12, would decide to create the patent without any discrimination. Once it is brought in, any company anywhere in the European Union would be able to make use of it, even companies registered in countries which are not involved in the “enhanced cooperation”. He said he hoped that the proposal would lead to all the other member states rapidly joining the process of creating and using the EU Patent. In a press release issued on Tuesday, three French ministers - Christine Lagarde (economy), Eric Besson (industry) and Laurent Wauquiez (European affairs) - point out that Europe is the only big economic area of the world where companies do not have a unified patent and this disparity means that protecting intellectual property rights is very expensive in Europe. The three hope that the greatest number of European countries will decide to join the “enhanced cooperation” at the 10 December Competitiveness Council. It currently costs up to €20,000, including €14,000 in translation costs alone, to register a patent in only half of EU member states, compared with a mere €1,850 in the United States. The Commission is suggesting a three-language system (English, French and German) to reduce translation costs to around €680. If “enhanced cooperation” goes ahead for the patent, then it will be the second time it has been used (the first being for divorce and separation of mixed-national couples). (L.C.-Gp/trans fl)

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