JURI calls for EU patent court

Gallo Report heading for Plenary Vote in European Parliament
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The report claims that “effective patent enforcement” is essential for consumer health and safety and calls for a European Patent Court based on the new mechanism introduced by the Lisbon Treaty, failing to mention previous concerns of the Parliament regarding “democratic control, judicial independence and litigation costs”.

Situation

According to media reports, the European Parliament’s legal affairs commission (JURI), presided by Klaus-Heiner Lehne, yesterday passed the “Gallo report” in which they ask for more unified and stringent IPR enforcement, in particular a unified crackdown on p2p filesharing but also unified levies, IPRED2 revival, UPLS and more.

Regarding patents, we find in there some of the usual one-size-fits-all IPR rhetoric:

A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents, constitute a genuine threat not only to consumer health and safety but also to our economies and societies,

some insights about a need to protect patents for the sake of protecting patents:

I. whereas, in the case of patents, their protection is crucial in order to efficiently fight patent violations; whereas the question of the unified patent system at the EU level has yet to be resolved,

and a blanko cheque for transfer of quasi-legislative power to patent experts without any parliamentary oversight:

7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system;

which can hopefully be amended by the plenary, as happened in 2007, when a similar JURI call was made dependent on “significant improvements to the EPLA text”, which address “concerns about democratic control, judicial independence and litigation costs”.

Timeline

The Gallo report still faces a plenary vote which can be expected to be held before the summer break, i.e. during the July session week.

Resources

discussion forum

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