2004-11-30 DE Bundestag Unanimously Criticises Council Software Patent Agreement, Calls for Effective Limitation of Patentability
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Berlin 30 November
All Groups of the German Parliament (Bundestag) have approved a motion that criticises the EU Council's Software Patent Agreement of May 18th and calls for stronger limits on patentability in the spirit of the European Parliament's Amendments of 2003-09-24.
The initiative started with the FDP afterwards the CDU/CSU and SPD/Grüne both drafted their own motions to generate an intergroup motion.
By the motion no 15/4403 (English version) the German !MPs position themselves clearly. They are raising their voice against the Ministry of Justice's role in May 2004, by which the German Ministry of Justice generated a political agreement in the Council for a directive. The council proposition is diametrically opposed to the position of European Parliament. So far the Ministry of Justice which had praised its manoevre in the council as negotiating success and that purged contrary expositions from the minutes did not change its postion.
Already in the plenary debate on 21 Oct 2004 the Bundestag made clear what it expected from the Ministry of Justice on the European level: an adoption of the European Parliament's position. The minister preferred not the attend the debate. Although in the meanwhile the representatives of the government coalition had tried smoothen the critique of the BMJ diplomatically, the MPs insisted on keeping central demands clear.
By the motion the Bundestag sends a strong signal to the German government and to the Council of Ministers. The Bundestag also strengthens the position of Spain, Italy, Poland, Austria and Belgium against the Council Draft. Moreover the motion join the Dutch Parliament motion that asks its government for retracting its support. The Ministry of Justice is noww asked to follow the unanimous will of the Bundestag groups and to improve the current council draft. Factually the currenct council drift does no longer have a qualified majority. This alone should make the council negotiate a new draft. With the its motion the Bundestag gives constructive advice to the council how such a draft could look like.