Comments on: BREAKING: Agreement On EU Unitary Patent Reached

By: Unitary Patent: Political Struggle and Shift of Competence towards Central Division | ksnh::law

Tue, 03 Jul 2012 11:38:25 +0000

[...] reported here and elsewhere [1, 2, 3], the European Council agreed on the EU Unitary Patent and a EU Unified [...]

By: Stormy Weather Ahead: Unitary Patent, ACTA in European Parliament | ksnh::law

Mon, 02 Jul 2012 14:10:53 +0000

[...] As we had reported earlier, the European Council summit last week held in Brussels reached a compromise on long-debated plans to create an enhanced co-operation amongst EU Member States minus Italy and Spain aiming at creating a Unitary Patent plus a corresponding Unitfied Patent Court (UPC). [...]

By: Next Steps and further Problems ahead for EU Patent Package | ksnh::law

Next Steps and further Problems ahead for EU Patent Package | ksnh::law — Sun, 01 Jul 2012 09:38:54 +0000

[...] reported, last week’s European Council summit has reached an agreement on the EU Unified Patent and a [...]

By: Rebentisch

Rebentisch — Sat, 30 Jun 2012 12:33:16 +0000

The problem is that it’s the same as with the EURO. You have to get the design right from the start. You cannot build something and then muddle through. The EU, i.e. Barnier should start with harmonising the uncontroversial basics of substantive patent law, then prior art and administrative procedures in patents. You have to build a community patent from the ground up. Growing it from the ground.

The proposed court reads like a pathologic statement about the state of patent affairs, a court to keep the legislator out, an EU court with no EU powers. They wasted 50 years and are tired but the politicians fail to face the obstructive forces, confront and openly analyse the underlying interests. You saw them fail again and again, but they didn’t openly speak about the obstructive interests. These obstructive forces are not the critics of an application of the patent instrument to certain fields, the obstructionists are those who don’t want to get it right. Does not make sense to get a “false” court for them.

By: EU-Mitgliedsstaaten einigen sich auf Einheitspatent : Posted Planet (in Arbeit)

EU-Mitgliedsstaaten einigen sich auf Einheitspatent : Posted Planet (in Arbeit) — Sat, 30 Jun 2012 07:36:36 +0000

[...] Axel Horns hat eine erste Bewertung. Er meint, dass diese Entscheidung wohl letztendlich vor dem EuGH landen muss. Besser wäre es, [...]

By: Gibus

Gibus — Fri, 29 Jun 2012 20:26:13 +0000

Nevertheless the rapporteur Rapkay and JURI chairman Lehne, have been very clear that removing articles 6-8 would not comply with EU treaties.

So either they change their opinion from 180°, ever there will be a second reading…

By: JH

JH — Fri, 29 Jun 2012 18:33:27 +0000

@Axel The EP aren't going to kill it. They are (in my view) most likely to pass it, with Arts 6-8 retained intact. The question then will be whether the Council kill it (or spend several months playing ping pong). For the reasons I set out above, I doubt that will happen. The EP has a long history of going eyeball-to-eyeball with the Council on questions of full European competence vs intergovernmental competence. Every power that the EP now has, has ultimately come out of that long fight. It's part of the EP's institutional identity. (And in this case, it's also the firm conclusion of the EP's legal advice). So I don't expect the EP to back down; especially given the perception that this is a single rogue member state theatrically pandering to the excessive fears of its eurosceptic lunatic fringe about the established European institutions. And if the EP holds its ground, I also don't expect that ultimately that single member state, which has already been cut a very sweet deal, will bring the agreement down over it.

By: Axel H. Horns

Axel H. Horns — Fri, 29 Jun 2012 15:32:34 +0000

@JH

Well, yes … in principle …

But next week or so EP most probably will stick their neck out and kill ACTA.

Will they really have that stamina to do it again and kill UPC Agreement / Unity Patent Regulation against the explicit vote of the Heads of Government or State as expressed today on the European Council Summit?

I doubt.

By: EU-Mitgliedsstaaten einigen sich auf Einheitspatent › netzpolitik.org

EU-Mitgliedsstaaten einigen sich auf Einheitspatent › netzpolitik.org — Fri, 29 Jun 2012 15:29:19 +0000

[...] Axel Horns hat eine erste Bewertung. Er meint, dass diese Entscheidung wohl letztendlich vor dem EuGH landen muss. Besser wäre es, [...]

By: JH

JH — Fri, 29 Jun 2012 15:24:58 +0000

As the document says, the Council can only “suggest” to the EP that Arts 6-8 be removed.

The EP can — and very likely will — say no.

If the EP insists on Arts 6-8 (on which it would be entirely likely to have the backing of some member states and some commissioners), are the Council really likely to stand up to it?