Comments on: Linguistic Secretariat Of The EU Council About To Finalise Regulation Implementing Enhanced Cooperation In Area Of Creation Of Unitary Patent Protection http://blog.ksnh.eu/en/2012/01/10/linguistic-secretariat-of-the-eu-council-about-to-finalise-regulation-implementing-enhanced-cooperation-in-area-of-creation-of-unitary-patent-protection/ Intellectual Property Observations Thu, 14 Nov 2013 21:31:32 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Gibus http://blog.ksnh.eu/en/2012/01/10/linguistic-secretariat-of-the-eu-council-about-to-finalise-regulation-implementing-enhanced-cooperation-in-area-of-creation-of-unitary-patent-protection/#comment-340 Gibus Tue, 10 Jan 2012 21:04:08 +0000 http://blog.ksnh.eu/en/?p=1669#comment-340 And please, do not forget that the European Parliament has not voted yet on this regulation. It is likely that Members of the European Parliament will be pushed to vote without any amendment for the compromise reached in informal trilogue between Parliament, Council and Commission. The rapporteurs ofr the European Parliament have already made such explicit pressures, with success, on Members of the Committee on Legal Affairs (JURI). But for the sake of democracy, it would be a pity if the European Parliament was reduced to a "recording chamber" (sorry maybe inaccurate rouch translation of teh French "chambre d'enregistrement") giving its rubber-stamp to a text which raises so many legal issues and which every stakeholder seems to be unsatisfied with (in our opinion because the EU gives a too great degree of autonomy to the EPO, whereas in the opinion of EPLAW for example, because the ECJ is too much involved). If the regulation is voted as is by the European Parliament (which by the way will also provide legal translations) and accepted by the Council, it is doomed to become an unused law. Can EU really afford in the current context to legislate in void? This was already stated in our <a href="https://www.unitary-patent.eu/content/members-european-parliament-ask-santa-claus-unitary-patent" rel="nofollow">last press release</a> And please, do not forget that the European Parliament has not voted yet on this regulation. It is likely that Members of the European Parliament will be pushed to vote without any amendment for the compromise reached in informal trilogue between Parliament, Council and Commission. The rapporteurs ofr the European Parliament have already made such explicit pressures, with success, on Members of the Committee on Legal Affairs (JURI).

But for the sake of democracy, it would be a pity if the European Parliament was reduced to a “recording chamber” (sorry maybe inaccurate rouch translation of teh French “chambre d’enregistrement”) giving its rubber-stamp to a text which raises so many legal issues and which every stakeholder seems to be unsatisfied with (in our opinion because the EU gives a too great degree of autonomy to the EPO, whereas in the opinion of EPLAW for example, because the ECJ is too much involved).

If the regulation is voted as is by the European Parliament (which by the way will also provide legal translations) and accepted by the Council, it is doomed to become an unused law.

Can EU really afford in the current context to legislate in void?

This was already stated in our last press release

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