Brussels, 20/11/2012 (Agence Europe) - After years of debate and ups and downs, the European unitary patent may finally reach a conclusion at the end of 2012. That, at any rate, is what legislators are hoping. Such is the case for the members of the legal affairs committee at the European Parliament (JURI), who, on Monday evening in Strasbourg, welcomed the compromise adopted that same morning by the member states.
Among other things, the MEPs had suggested maintaining the elimination of three articles relating to the EU Court of Justice (Articles 6 to 8 of the regulation on issuing patents). This was taken very badly by the EP this summer, and it was suggested that there should be rewording in another article - the international agreement creating the future Patents Court - and rewording of a new article in the regulation (Article 5 on the rights of patent holders to protect themselves from counterfeiters). This re-writing exercise raised some criticism from the legal point of view, the JURI committee states in a press release and, although the compromise is not optimal, as indicated by one of the three relevant rapporteurs, Bernard Rapkay (S&D, Germany), it could be possible to accept it. He felt that the main concerns of the EP had been taken up. In his view, the compromise seems to respect the prerogatives of the Court of Justice for application of European law and maintains the possibility of involving MEPs in any change in the rules on the unitary patent, he states in a press release. All groups, except for the Greens/EFA, have backed the compromise, the JURI committee goes on to say. Although the Greens/EFA, which is represented by their coordinator, Eva Lichtenberger of Austria, consider that the text present too much legal uncertainty, the rapporteur on the linguistic regime chapter, Raffaele Baldassarre (EPP, Italy), believes for his part that the compromise will allow uniform implementation of the unitary patent - which, as he points out, was the aim of the regulation.
Cecilia Wikström (ALDE, Sweden), as well as Sajjas Karim (ECR, UK) also welcomed the Council's text, saying it was an opportunity not to be missed. Commissioner Michel Barnier also encouraged MEPs on Monday evening to take the compromise forward. The European Parliament, however, has still to give its stance in plenary, in the wake of the Council which is due to adopt its compromise on 10 December. (SP/transl.jl)