Brussels, 26/11/2008 (Agence Europe) - On Monday 1 December, the French Presidency of the EU will submit to the European Competitiveness Ministers a progress report on work underway at national expert level on the Community patent and the introduction of a jurisdiction tasked with settling disputes in the field of patents (see EUROPE 9767, 9713). This report takes stock of discussions under way and will go no further than to call for work to be continued "to find solutions and reach an agreement in both areas as soon as possible". Despite the stated political goodwill, the boost the dossier was given in May 2008 by the entry into force of the Protocol of London on translation requirements for European patents does not seem to have led to any spectacular breakthrough on the Community patent and dispute settlement. The road to a substantial improvement of the European patent system is strewn with obstacles.
On the dispute settlement system, the French Presidency referred to the opinion of the legal services of the Council on the compatibility with the European Treaty of the draft agreement on the introduction of a competent jurisdiction for the settlement of disputes regarding a European patent and of a future Community patent with the EC Treaty. Amongst other things, this opinion has confirmed the possibility of recourse to a joint agreement once the Commission has presented draft negotiating guidelines regarding the competencies of the Community, states the draft report. "It also points out that work on this jurisdiction is informal", explained the European source, which added that "one day we will have to get down to the nitty-gritty" with formal proposals. The source stated that "for the time being, in the European Commission has not taken any political risks" whilst chairing the discussions itself. The possible link between the planned jurisdiction and the Court of Justice of the European Communities by bringing in appeals to higher authorities remains controversial, as does the composition and language regime of the judicial panels.
The Commission is putting the finishing touches, by the end of the year, to an economic study on the Community patent, of which it has already presented the preliminary results. This is a way of responding to concerns of countries such as Denmark, Finland and the United Kingdom at the absence of any genuine impact study on the Community patent in the EU of 27. On this dossier, discussions have permitted participants to "identify the concerns of the delegations, particularly on the economic issues and language regime", the French Presidency notes. It points out that "the work has been focusing on the annual taxes to keep it (the Community patent) in force and on the distribution key of the resulting revenue". (M.B./trans.fl)