Verheugen Optimistic On European Patent By 2012

by Ulrika Lomas, for LawAndTax-News.com, Brussels

23 April 2007

Speaking on Thursday at the European Patent Forum in Munich, European Enterprise and Industry Commissioner Günter Verheugen stressed the need for a common European patent.

Predicting that an European patent could be in place as soon as 2012, Commissioner Verheugen reportedly condemned existing EU intellectual property protections as "insufficient".

Commenting on the failure by national governments (most notably France) to reach agreement on various issues surrounding the European patent, he told the forum that:

"I really urge national leaders to reconsider their positions to allow us to move forward."

According to Commissioner Verheugen, SMEs often find the cost of protecting their intellectual property in Europe to be prohibitive.

The EU Politix news service quoted the Commissioner as explaining that:

“We have a strong competitive disadvantage with the present system. The European patents are nine times more expensive than the American and Japanese."

Addressing an EU conference earlier this month, Internal Market and Services Commissioner Charlie McCreevy gave a foretaste of his plans for a European Union patent regime, something that the Union has struggled towards for the last 20 years.

The Commissioner said that with the cost of obtaining an European patent so much higher than in other regions, the EU has no choice but to try and reduce the cost of patenting and improve the current litigation patchwork in the EU.

A consultation in 2006, supported by the European Parliament, had shown strong support for a cost effective Community patent including sound litigation arrangements.

Commissioner McCreevy said that he had promised to make one attempt on the Community patent dossier, and that the Commission was due to adopt a Communication on possible ways forward that week.

The Communication proposed the following principles as a foundation of a new jurisdictional structure:

• First, the patent jurisdiction should ensure an appropriate degree of proximity to the users and comprise a limited number of first instance chambers, together with a fully centralised appeal court. The chambers, which could make use of existing national structures, should form an integral part of the single jurisdictional system.
• Second, the jurisdiction would cover existing European and future Community patents. It should have competence for infringement and validity actions, as well as for related claims such as damages.
• Third, the appeal court and the first instance chambers should work under common rules of procedure based on best practices in the Member States.
• Fourth, the patent jurisdiction should comprise both legally and technically qualified judges who should enjoy full judicial independence.
• Finally, the patent jurisdiction must respect the European Court of Justice as the final arbiter in matters of EU law, including questions related to the validity of the future Community patent.

Commissioner McCreevy stated that the Commission would work with the Council and Parliament to build consensus on the way forward:

"I look forward to a close co-operation with the German Presidency in the coming weeks and months in order to promote our patent approach. If broad consensus can be achieved, we will take the necessary steps for implementing the approach and the make necessary proposals. Time is running out to make out innovation policy in Europe fit for the future. If we don't act now, the future will be upon us and it will be too late. I sincerely hope that all involved will rise to the challenge," he told those attending the conference.

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