Brussels, 14/05/2014 (Agence Europe) - On 25 May, together with their ballot papers for the European elections, the Danes will also have to give their response in a referendum on the European Patents Court. Although recent polls suggest that more people are in favour of this institution, nothing is as yet decided.
Before being able to ratify strengthened cooperation between member states in the setting up of the European Court for settling patent disputes, Denmark will have to obtain the consent of its people. Last autumn, the Danish parliament was unable to obtain a majority (of five sixths) on giving up its subsidiarity in this field. According to the country's own constitutional laws, it will therefore have to be through a referendum that this issue will be decided.
On 25 May, Danish voters will be asked to answer yes or no to the question, “are you in favour of a proposal for a law on the common patent court”. The different polls carried out in May indicate that the “yes” vote is oscillating between 40 and 55%, with the rates of those still undecided between 20 and 30%. Campaigns raising awareness about the question of a single jurisdiction for patents have been carried out in the country in view of this referendum. It is expected that such a court would be able to register patents more easily and at a lower cost, given that businesses would no longer have to introduce requests in different countries.
Setting up such a court has been the subject of bitter negotiations over many decades in the EU. In 2012 under the Danish presidency, an agreement was reached by a majority of member states, subject to a system of strengthened cooperation. Spain, Poland and Croatia had chosen not to take part and Austria, France and Malta are the only countries that have so far ratified the agreement. A point of information on this subject is planned for the Competitiveness Council on 26 May, the day after the Danish referendum. (MD)