Es gilt das gesprochene Wort
Eurocommissaris Charly McCreevey (IM), speech over de beoogde aanpak van het Gemeenschapsoctrooi en EPLA. Europese Parlement, donderdag 28 september 2006.
“Intellectual property rights are at the heart of a knowledge-based economy. (…) The recent consultation on the future of the patent system in Europe delivered one simple message: the legal framework should offer an affordable patent protection for all businesses - small and big-, ensure legal certainty and be applied for the benefit of all the players. A solid legal framework is therefore essential.
(…) The possibility of multi-forum litigation concerning one and the same invention, adds cost, of course, but even more importantly it creates uncertainty, as different courts in different countries can deliver diverging interpretations on the same patented invention.
I think we need to tackle this issue as a matter of urgency; the current "patchwork" may prevent patent holders from being able to enforce their rights, and discourages candidates, in particular SMEs looking for efficient and affordable patent protection from using the European patent. Europe is, at present, not able to offer innovative businesses an optimal solution when it comes to protecting their intellectual property.
We cannot aspire to be the most competitive economy in the world if we do not find practical workable solutions to patent application and protection.
The Community Patent and the initiatives to improve the European patent – ie the London Protocol on translations and the EPLA – are not mutually exclusive. They both aim for the same goal: a better, cheaper, more reliable patent system. That's why I want to pursue both.
We face similar challenges in designing the jurisdictional arrangements for the Community patent: we need to find a unified system which provides judicial independence, gives clarity and reliability to patent users while avoiding both over-centralisation and fragmentation.
In order to achieve this objective, the Community needs to get involved in EPLA. It addresses shared responsibilities between Member States and the Community. It goes without saying that Parliament will have to contribute when the Community will proceed with the required proposals in order to take this issue forward in the near future.
Lees de volledige speech hier.
