MEP Buitenen asks parliamentary questions on EPLA and European Parliament's involvement

MEP Paul van Buitenen asks the European Commission wise questions about the European Patent Litigation Agreement and the community patent and what future role the European Union will play under these proposed regimes.

Question

• WRITTEN QUESTION E-1949/06 by Paul van Buitenen (Verts/ALE) to the Commission Subject: Publication of list of questions on the Community patent The internal market DG has published a list of questions relating to the Community patent and a future system for settling disputes relating to European patents granted by the European Patent Office (EPLA).
• In what way will the European Union institutions, and in particular the European Parliament, be involved in the operation of the European patent system a) in the event of the introduction of the Community patent; b) in the event of the introduction of a system for settling disputes relating to European patents (EPLA).
• At present the European Patent Organisation is an independent organisation outside the legal framework of the European Community and, as such, is not bound by European directives relating to patent law, for example Directive 44/1998[1] of the European Parliament and of the Council on biotechnological inventions. How will the implementation of European legislation in the area of patent law be ensured within the European Patent Organisation a) in the event of the introduction of the Community patent; b) in the event of the introduction of a system for settling disputes relating to European patents?

• [1] OJ L 213, 30.7.1998, p. 13

Answer by the Commission

• E1949/06NL

  Answer of Mr McCreevy on behalf of the Commissie (29.6.2006)

  translation In Januari 2006 DG Internal Market and Services started with the talks about the future policy on the field of patents in Europe and the first resultats of that will be made public and be spoken about during a public debate to be held in Brussels on 12 July 2006. The followup given to the diverse law giving initiatives has therefore still to be determined. As far as approval of the regulation relating to the Community patent is concerned, the Council, in agreement with article 308 of the ECTreaty has decided to consult again the European Parliament in case the regulation relating to the Community patent should be put to discussion again.

• As soon as the working of the system for conflict settlement at European patents (EPLA = European Patent Litigation Agreement) is approved and the Community has accessed the European Patent Treaty (EOV) the Community will be committed to the same rights and obligations as each of the other parties to the treaty (representation in the Governing Board of the European Patent Office [1], et cetera). The Parliament can also ask the Commission to provide information regarding specific cases which are of special interest to the Community. The way in which the Parliament will be involved with the ratification procedure of the EPLA will depend on the current base of law.
• In 1999 the European Patent Office (EPO) adopted the provisions of Directive 98/44/EG [2] by means of the implementation regulations in the European Patent Treaty (EPT). The provisions of the directive are therefore part and parcel of the EPT and the EPO is now bound by these provisions. In the future this will also go for the directives in the fields the EPT applies to, or the provisions of these directives will themselves be adopted in the EPT by way of changes made in accordance with the current decision making procedure of the EPT. The planned Community patent is not set to change the structure of the European patent system. It will rather create a link between the Community and the EPO, which is an independent body. Whereas the provisions of the EPT can in principle be applied to matters which are dealt with before the issuing of the Community patent (including procedural matters and matters of content) the regulation on the Community patent could be applicable for matters dealt with after the issuing of a Community patent (including matters concerning the validity, counterfeiting, transfer and obligatory licencing). The European Patent Office would then apply the new unitary law on Community patents, and it would be tied to it. Moreover, by the access of the Community to the EPT the EPT forms a part of the acquis communautaire that is explained by the Court of Justice of the European Communities. In this stadium the question in which way the application of the communitary patent right would be safeguarded at the implementation of a framework for conflict settlement (EPLA) cannot be answered. The Commission inquires at this moment the draft-EPLA as well as its possible institutional consequences. [1] Executive body of the European Patent Office (EPO). [2]Directive 98/44/EC of the European Parliament and the Council of 6 July 1998 on the legal protection of biotechnological inventions PB L 213 van 30.7.1998.

Sources

• find the sources on the messy EP website (google is not your friend)