Brussels, 27/02/2003 (Agence Europe) - At the Competitiveness Council on Monday the Greek Presidency will unveil a draft compromise on the Community patent, which was described by Member States at the Permanent Representatives meeting in Brussels on Wednesday as a good basis for discussion. The Presidency's aim is to strike a "common political approach" to the jurisdictional system that will deal with disputes connected with the future Community patent. The issue has been deadlock due to Germany's opposition, since it insists that the courts currently competent for dealing with patents continue to settle such cases. It will not be possible to settled the other remaining issues surrounding the launch of the Community patent (language, charges and jurisdiction) until May.
The Greek compromise foresees setting up a centralised court at the European Court of Justice, along with decentralised chambers in two or more Member States, comprising judges appointed by the Court of Justice (see Europe of 26 February, p.9, and 11 February, p.13). The Presidency suggests that "while waiting for the judges to be appointed and for the decentralised chambers to be set up… and for no more than three years after the first Community patent is issued, the central court authorise existing courts, where they exist, to ensure they operate as competent decentralised chambers. A revised clause stipulates that the European Commission will issue a report on the functioning of the Community patent and its legal system after five years. Germany has presented a counter-proposal to extend the transition periods after the changeover to a centralised system, when case law would be developed based on national experience. Discussions are expected to continue between the different EU capitals before Monday's meeting.