Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-04-09-Speech-2-230"

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"Mr President, like Mr Lehne, I too would like to congratulate Mrs Palacio Vallelersundi on the work she has carried out to produce a balanced report on this issue. As Mrs Palacio Vallelersundi pointed out, the European Parliament’s role in this particular case is of a purely consultative nature, for the issue is really in the hands of the Commission and the Council. However, I believe that the European Parliament is currently giving some very good advice. Firstly, as Mrs Palacio Vallelersundi pointed out, a Community such as ours is important in relation to the role of the National Patent Offices. Secondly, as Mr Lehne stated, the field of jurisdiction. The other day several lawyers from large North American companies told me that the advantage of the North American federal system is that state jurisdictions are, generally speaking, more favourable to local businesses and consumers, whilst large companies prefer to go to federal jurisdiction, which is more favourable to them. We will probably have to consider whether the conferring of powers to a special Community jurisdiction could possibly create imbalance, or give rise to what the Americans call ‘forum shopping’, which consists of each lawyer or expert in legal matters bringing the matter to the jurisdiction most favourable to them. I would like to refer to another matter, which is that we have arrived at this new European patent indirectly through adhesion to an existing international convention. This causes problems, for example, of a linguistic nature, a matter of some importance to the European Union. The European Community is not a federal union, but more like some kind of confederation, in which different cultures and national traditions are very important. In specific terms, for a country like Spain and for the 500 million people who speak Spanish worldwide, submission to a language which is not their own is going to cause very serious problems when carrying out research, not only in Spain, but in all of those countries who have called on the Spanish Patents and Trade Marks Office to patent their inventions. The European Parliament can only give a recommendation, using recital 2, with regard to Article No 5. This recommends recourse to the Alicante system, as Mrs Palacio Vallelersundi pointed out, which has functioned well in the past and is currently functioning well in five languages, thus permitting inexpensive and large-scale Community-wide participation. We notice that this system is particularly well suited to the European Union’s requirements. I believe that Parliament’s proposals and the agreement we have reached in the Committee on Legal Affairs and the Internal Market are reasonable. Therefore, our group will support all the amendments approved by this committee, although we do not think that it would be appropriate at this time to vote for any of the other amendments, since this would upset the balance we have managed to achieve in this committee."@en1

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