Unitary Patent: Council asks Parliament to sign its death certificate in patent law

Brussels, 21 November 2012 — This monday, the Cypriot Presidency stated in parliament that they are “aware of concerns that the legislator can be deprived of their legislative competence”. In fact the new patent compromise is similar to the “a death certificate in patent law” for the European Parliament, says Benjamin Henrion, president of the FFII.

According to leaks published by PCinpact, the latest compromise seeks to remove the role of the European Parliament and the European Court of Justice from any power in the proposed patent system (articles 6-8).

Benjamin Henrion, president of FFII, warns: “The Council asks basically to the European Parliament to sign their death certificate in patent law. No part of the proposed system will be under the control of an elected legislator. This is a disaster for all the people that believes in the power of the European Parliament.”

All red lines imposed by the Parliament has been broken by the Council compromise:

  • the enhanced cooperation (art118), with reference to national law, still does not create a title of the European Union;
  • the Parliament is deprived of its legislative competence in patent law;
  • the European Court of Justice is forbidden to have a say on patent law, especially on substantive matters, such as software patents.

The Rapporteur and MEP Klaus-Heiner Lehne has been pushing the “death certificate” proposal to be voted for in the next Plenary at the 10th December, refusing any reopening of the discussions at committee level.

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About the FFII

The FFII is a not-for-profit association active in twenty European countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual property) in data processing.

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