Brussels, 12/09/2006 (Agence Europe) - During a session of the informal Ecofin Council in Helsinki devoted to European intellectual property policy, Charlie McCreevy said, on 8 September, that “the time has come to make a concerted push to improve the patent system in Europe”. “We should take a two-pronged approach”, the Internal Market Commissioner said, continuing: “Firstly, I want to bring fresh ideas to the table to advance the Community Patent. Secondly, in parallel, I want to involve the Community in the EPLA [European Patent Litigation Agreement] negotiations and bring them to finality”. These two initiatives do not rule each other out, McCreevy said, believing “they are both aiming for the same goal: a better, cheaper, more reliable patent system”. He went on to announce “a [Commission] Communication before the end of the year”.
With reference to the results of the specific consultation that the Commission launched early 2006 (see EUROPE 9110), McCreevy said these results “leave no doubt” that the parties interested reject the current compromise on the Community patent, blocked in Council since 2003 (see EUROPE 8709). The industry considers the linguistic regime foreseen in the compromise unsatisfactory and the jurisdictional provisions for dispute settlement inadequate. Saying he will be “imaginative”, McCreevy promises to work together with the Finnish Presidency, the next German Presidency and the European Parliament.
Giving his support to EPLA, McCreevy responded to industry's appeal echoed in the January consultation. What industry wants is Community involvement in EPLA, he said, saying he believed it is an aim worth pursuing. Proposed by the European Patents Office (EPO), the intergovernmental body responsible for issuing European patents with 31 member nations, the EPLA aims to improve the legal security of the European patents system. It foresees the creation of a single central tribunal to settle disputes in this field whereas, at present, disputes are resolved at national level in each country covered by the contested patent (See EUROPE 9261 and 9262 for the informal Council).