Brussels, 31/01/2007 (Agence Europe) - German Federal Minister for Justice Brigitte Zypries, presented the priorities of the German Presidency in the field of intellectual property to the MEPs of the committee on legal affairs, on Tuesday 30 January. In the field of patents, she recommended a policy of small steps: first of all, ratify the London Protocol - which aims to simplify translation requirements for the issuing of patents - and the European Patent Litigation Agreement (EPLA) - which provides, amongst other things, for the creation of a European Court of Appeal competent to deal with disputes - before finally tackling the creation of a Community patent (see EUROPE 9332 and 9324). “I believe that we must first of all complete all projects already in existence, such as the London Protocol and the European Patent Litigation Agreement. A Community patent at a reasonable cost and offering legal security remains the long-term objective for us as well”, the German minister announced (our translation throughout). She is therefore awaiting the specific “communication of the Commission”, which was postponed at the end of 2006 due to the opposition of member states at the last Competitiveness Council (see EUROPE 9324). At this Council, Germany had emphasised the limitations of the French proposal to make disputes in the field of patents a Community affair, and felt it would be better to start again from scratch and work on a new proposal (see EUROPE 9314). During its presidency, therefore, it will hold talks with its partners. Still in the field of intellectual property, Ms Zypries said that Germany would initiate an evaluation of international intellectual property rights provisions among the most industrialised countries of the G8, of which it holds the presidency this year.
Discussing the EP's resolution of October 2006 (see EUROPE 9286), French Socialist Michel Rocard stressed the “lack of democratic control in the EPLA project”. Managed by the European Patent Office (EPO), the EPLA would escape the jurisdiction of the European legislator and the Court of Justice. Mr Rocard spoke of the sensitivity of the EP “on delimiting the patentable field” which, he feels, should come under the “legislator”, which has a mandate to determine “society's choices”. In the view of Eva Liechtenberger (Greens/EFA, Austria), setting the EPLA in place would prevent any prospect of the “Community patent”. “We cannot be satisfied with inaction”, said Klaus-Heiner Lehne (EPP-ED, Germany), who is known to take a stance very close to that of the EPO. As a result of his discussions with Charlie McCreevy, he is of the opinion that the Commission's communication is likely to come in “towards the end of the German presidency”. (mb)