Brussels, 19/11/2012 (Agence Europe) - A new episode occurred on Monday 19 November in the European single patent saga, which actors involved in this dossier hope will be its last. Member state representatives reached an agreement on the draft compromise that was due to be discussed that evening in Strasbourg by the European Parliament legal affairs committee (JURI). According to several sources, this agreement confirms the withdrawal of three articles from the regulation on the patent (Articles 6-8) referring to the role of the European Court of Justice, as requested last June by the United Kingdom (see EUROPE 10652), whilst providing compensation in exchange to the European Parliament and additions to other articles.
Amendments introduced by the European Council to the “deal” at the beginning of the summer did not go down well with the European Parliament, although the former had reached this agreement with member states a few months previously under the Polish Presidency of the EU. These changes were introduced at the United Kingdom's request and were aimed to once and for all settle the question of the permanent location of the future Patents Court. Heads of state and governments had divided the jurisdictional powers of the court between Paris, Munich and London. Paris would be the official centre of the legal body and the two other cities would deal with specialist issues.
On Monday evening at the European Parliament, Commissioner for the Internal Market Michel Barnier indicated that he wanted the whole “patent” package, including two legislative initiatives and an international agreement on the setting up of the Patents Court, to be launched by 1 November 2013 and to become operational by April 2014.
Several scenarios are possible. If MEPs agreed to the offer made by the Council, things could shift rapidly. A vote would be planned in the JURI committee and then in the plenary session in mid-December. The Competitiveness Council would definitively ratify the compromise on 10 December. A source at the Council warned, however, that everything would depend “on what the JURI committee says”. Spain and Italy are not party to the initiative due to the linguistic regime being limited to 3 languages (German, English and French). The remaining 25 countries are therefore moving forward within a framework of strengthened cooperation. The EP vote is only binding on the section of the regulation on awarding patents (co-decision). (SP/transl.fl)