Brussels, 08/12/2006 (Agence Europe) - EU Internal Market Commissioner Charlie McCreevy addressed the PanEuropean Intellectual Property Summit on Thursday 7 December, where he discussed the European Commission's problems with the EU patent strategy. Following opposition from several Member States, the European Commission has had to postpone until the spring of next year adoption of the action plan on the EU's future patent strategy, initially scheduled for December 2006 (see EUROPE 9320).
'Since September we have been working hard in the Commission, teasing out the complex legal architecture of how we could proceed ... within a Community framework,' explained Charlie McCreevy. 'I said we would look at the options around a Community Patent coupled with the development of EPLA, the European Patent Litigation Agreement' so the Community Patent can finally be adopted (see EUROPE 9276).
'In the meantime, I have the impression that there has almost been a rush to see who could be the 'first to file' their ideas on how we might move ahead,' commented McCreevy. He welcomed the ideas, adding 'in essence, it is a question of putting forward a credible proposal and gradually building an agreement around it. Not having a number of competing ideas on the table at once.' The Commissioner referred to the letter sent to him by six Member States (Cyprus, Spain, France, Italy, Luxembourg and Portugal). Mentioning the future legal framework for settling patent disputes, the six countries wanted progress to be made in the direction of an integrated EU court, which they argue will provide greater legal security and greater political legitimacy. At the end of October, France suggested giving the EU Court of Justice the power to settle patent disputes (see EUROPE 9314).
'I will not over-dramatise the situation. But I will put it to you straight. If we are not able to find more fertile ground for a proposal over the coming months, then we might as well put our energies to better use,' warned McCreevy. Calling for compromises from all involved, the Commissioner called on 'Member States to be active and not 'counter-active'. Industry must also play its role.' He urged industry, which tends to favour the EPLA, to relay at national level the messages that emerged in the consultation exercise on the EU's future patent strategy (see EUROPE 9233).
The Commissioner said that he would be publishing a report next year on special measures for small and medium-sized enterprises (SMEs) to help them apply for patents to protect their inventions. 'We will look carefully into the idea that many SMEs put forward in their contributions: an alternative dispute resolution system, I the form of mediation or arbitration, for certain patent cases. The 2007 report will focus on the quality of patents in Europe, patent litigation insurance, alternative dispute resolution schemes, general awareness raising action, the use of patents and licensing, better management and financial reporting of patents and international enforcement of patent law. (mb)