Brussels, 16/12/2011 (Agence Europe) - At a press conference on Friday 16 December the Polish secretary of state for European affairs, Mikolaj Dowgielewicz, was pessimistic about the likelihood of agreement being reached before the end of the year on an EU patent and the dispute between London, Paris and Munich, all of which want to house the EU patent court. He said he didn't see how a breakthrough could be made before the end of the year.
Progress has been made in the EU patent under “enhanced cooperation” among 25 member states (not including Spain and Italy) on introducing the EU patent itself, the translation rules for the patent and an international agreement to set up a new patent court to settle patent disputes (the headquarters of which will prove lucrative to the city housing it).
On 5 December, EU ministers responsible for such issues were unable to reach agreement on the location of the court and the Polish Presidency hoped it would prove possible to reach agreement in smaller negotiations. However, intense bilateral talks over the past week have revealed that one or two member states are not prepared to go along with the general compromise, regrets Dowgielewicz. London, Paris and Munich have been put forward, but Poland is recommending Paris in the negotiations.
The Polish Presidency aimed to conclude a deal and get it earmarked in Warsaw on 22 December, to round off the patent question, but a source said that this stubbornness from one or two member states makes it increasingly unlikely, and the Presidency seems to have given up.
The three issues were meant to be introduced at the same time so the entire EU patent question has now been delayed. Dowgielewicz said on Friday that he hoped the matter could be settled in the first two months of next year, under the Danish Presidency.
Another issue may arise, however, even if the city for the patent court is agreed upon, because in a press release issued on 15 December 2011, the Council of Bars and Law Societies of Europe (CCBE) expressed doubt about the recommended legal system. The CCBE does not consider that the recommended system will achieve the accessibility and low cost targets for small business as it is too expensive and the translations options do not provide enough legal security for the defence of patent cases. (SP/transl.fl)