Brussels, 05/07/2000 (Agence Europe) - On Wednesday, the European Commission adopted a draft regulation for the creation of a "Community Patent" valid in all countries of the European Union. This instrument would have twice as much added value as the current "European patent". It would be less costly, and would no longer depend on a single jurisdiction (see yesterday's EUROPE, p.12). In order to be adopted, the regulation would have to receive unanimity from the Fifteen in Council, after opinion by the European Parliament. It would then be directly applicable in the Member States. According to the wishes expressed by the EU Heads of State and Government, during the recent European summits in Feira and Lisbon, this should be accomplished before end 2001.
The first attempt at creating a Community Patent dates back to 1975. The Luxembourg Convention, signed that year, has nonetheless remained a dead letter, as a sufficient number of national ratifications could not be gathered. The only so-called existing European patent is that delivered by the EPO (European Patent Office, Munich), established by the European Patent Convention of 1973 which includes 19 European countries (in addition to the EU Member States, Switzerland, Monaco, Liechtenstein and Cyprus). It is, however, more a question of grouping national patents in a single act. The request must be introduced to the EPO in one of the three working languages of the Office (English, French, German), stating the European countries where protection is wanted. But its validity in a specific country means it must be translated into the language of that country and, in the case of dispute, the courts in that country will rule. "This system is very costly and, for small and medium-sized companies, administering the law applicable in different Member States is a great risk. Consequently, they tend not to extend and protect their rights as they should", explained one European Commission official.
The European Executive proposes the creation of a patent automatically valid throughout EU territory, without having to be translated into all the official EU languages. This issue, which is the most sensitive, was the only issue to be discussed by European Commissioners on Wednesday during the session. The draft presented by Commissioner Frits Bolkestein, responsible for the Internal Market, was finally approved as it was. The request for a patent would be examined, issued and published in one of the three working languages of the EPO with a translation of the claims (part of the patent which defines the extent of protection) into the other two languages. Issued by the EPO, this right to protection would be accessible to every inventor, of whatever nationality, but its validity would not go beyond EU territory.
The Commission also provides for the creation of a Community court on intellectual property in the context of the European Court of Justice, which is empowered to deal with disputes involving counterfeiting or validity of the Community patent. The proposal had already been included in its contribution to the Intergovernmental Conference for reform of the Community institutions.
"The creation of a Community Patent is an essential part of Europe's efforts to reduce the cost burdens on business and help ensure that research and technological and scientific innovation can be successfully applied by industry and commerce. Often in the past Europe has provided the research, but it is others who have used it to commercial advantage. We need to turn that around", was the Commissioner's comment.