Brussels, 14/02/2011 (Agence Europe) - On Monday 14 February, the EU Council of Ministers, (more precisely the Education Council) adopted in Brussels a decision to allow enhanced cooperation for the lodging of European patents. The decision has been sent to the European Parliament which is expected to approve it in Strasbourg on Tuesday 15 February under Article 329, paragraph 1, of the Lisbon Treaty (see EUROPE 10304)
Two delegations - Italy and Spain - are unhappy about the language system for the patent (three languages - French. German and English) and have lodged reservations about the decision to allow enhanced cooperation. They voted against the decision on Monday. Italy did not have an education minister present at the Council meeting but has issued a public statement (see also EUROPE 10309) declaring its attachment to respect of the Lisbon Treaty and the Charter of Fundamental Rights, and stating that it fully favours a balanced European patent system but calls for ministers to await the opinion of the European Court of Justice on patent case law early next month.
The Court of Justice will publish its opinion ahead of the 10 March Competitiveness Council and Italy says it is happy to enter healthy debate, but is very disappointed with the conclusions reached thus far, describing the decisions as worrying in terms of the procedure and potentially giving rise to discrimination within the EU against certain languages and culture. This would impact negatively on the European integration process.
In Brussels last week, the president of CEFIC (the European Confederation of Chemical Industry Federations), Giorgio Squinzi, criticised the three language system for the patent on the grounds that a European patent would be better if it were just in English. (I.L./Gp/transl.fl)