Commission unable to comment on accession of the Community to the EPC in case of EPLA ratification
The Commission cannot comment on whether or not the EU has to accede to the European Patent Convention in case it decides to join the European Patent Litigation Agreement. As in all its other answers on the topic of the EPLA, it refers to its consultation in a boilerplate, but does not provide any substantial information except that it's ignorant about the question's topic.
Question (unofficial English translation)
- 20 July 2006 P-3513/06 WRITTEN QUESTION by Marc Tarabella (PSE) to the Commission According to the questionnaire of the consultation on the future patent policy in Europe, the Community could become party the European Patent Litigation Agreement (EPLA). If the Community wants to become party to the EPLA, would this require the Community to first become party to the European Patent Convention (EPC)?
- 20 juillet 2006 P-3513/06 QUESTION ÉCRITE posée par Marc Tarabella (PSE) à la Commission Selon le questionnaire de la consultation sur la future politique en matière de brevet en Europe, la Communauté pourrait signer un accord sur le règlement des litiges en matière de brevet européen (EPLA). Si la Communauté veut signer l'EPLA, cela requiert-il qu'elle signe d'abord la convention sur le brevet européen (CBE)?
Source is missing, only the answer is currently available on the European Parliament's website
Answer (unofficial English translation)
Answer given by Mr. McCreevy in the name of the Commission (8.9.2006) With its question the honorable member wants to be certain about whether the European Community, if it wishes to sign the European Patent Litigation Agreement, also has to become party to the European Patent Convention (EPC). The Commission is currently in the process of examining the issue of the draft European Patent Litigation Agreement (EPLA) and the possibility of moving the project forward in the context of its consultation on the future patent policy in Europe. The consultation was launched on 16 January 2006 and proved to be a huge success, generating over 2 500 answers from interested circles. A public hearing took place on 12 July
- The Commission is now in the process of analysing the responses and drawing its conclusions. Naturally, the Parliament will be informed about the Commission's findings and recommendations as soon as they have been finalized. The question of whether the Community would first have to become party to the EPC, in case it wishes to sign the EPLA, is a complex question. In this hypothetical situation, the Commission would have to analyse the question in detail; currently it is unable to comment on this point.
Original French answer (MS Word format)