Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-28-Speech-4-147"
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"en.20060928.24.4-147"2
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"Mr President, the significant increase in patent applications is adding to the impact of unclear patent law. That is why solutions are needed which will enable the process of harmonising patent law to begin. Accordingly, a clear definition of what can and cannot be patented is required. It is important not to resort to using patent law in isolation from the innovations themselves, because by its very nature a patent implies that free competition is restricted to a certain degree. A harmonising directive would be the best solution from the point of view of the Community’s interest, but Parliament rejected the Commission’s previous proposals.
Other solutions must therefore be sought. One idea mooted is for all Member States of the Union to accept and ratify the EPLA Convention. It should be borne in mind, however, that we can only support this Convention when it meets the criteria deemed essential by the Union. Amongst others, these criteria include drawing up a clear definition, as far as is possible, of what may be patented ensuring the independence of ruling bodies and guaranteeing the total impartiality of the judges who rule on patent protection and the validity of patents. The costs relating to the protection of patent rights must also be balanced and easy to implement.
These are the reasons why we are not in a position to adopt the Convention at present. Its implications may be difficult to assess, because although it is obvious that the EPLA concerns institutional solutions, the potential impact on substantive law should not be overlooked, particularly where the practices of the European Patent Office are concerned. That is why I am asking the Commission to provide a detailed impact assessment for each of the proposals submitted here. Nonetheless, it is most important to make it clear that Parliament does want a change of patent policy. The kind of change we have in mind, however, must satisfy the needs of both large businesses and small and medium-sized European firms."@en1
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