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Logic Patents > Reviews > EuroParl 03-09-24 > Amendments > JURI > Reject > Harmonisation > Regional Competitiveness
HarmonisationTRIPsPatent EulogyCopyrightNot Separate LawRegional Competitiveness

Strengthening EU in International Competition
Commemorate Banana Union Day

Fears of regional imbalance and of competition by newly industrialised countries have always been cited as an argument for allowing patentability. Arguments of this kind are usually groundless or offset by equally valid converse arguments. Recital 20 in particular consists of invalid arguments and appears designed to mobilise trade-protectionist instincts. This recital originates from Arlene McCarthy and was approved by JURI in June 2003. The Greens an Lehne have proposed two different approaches for fixing it. Each has its advantages, both deserve support.

Amendment 247

submitted by:
Evelin Lichtenberger, Monica Frassoni
provision:
rec 20
language:
English
topic:
Regional Competitiveness
amendment
The competitive position of Community industry in relation to its major trading partners will be improved if the current differences in the legal protection of computer-implemented inventions are eliminated and the legal situation is transparent. With the present trend for traditional manufacturing industry to shift their operations to low-cost economies outside the Community, the importance of intellectual property protection and in particular patent protection is self-evident. The competitive position of Community industry in relation to its major trading partners will be improved if the current differences in the legal protection of computer-assisted inventions are eliminated and the legal situation is transparent. The present trend for traditional manufacturing industry to shift their operations to low-cost economies outside the Community, as well as the requirements for sustainable and balanced development, are factors to be taken into consideration when choosing an appropriate level of intellectual property protection and in particular patent protection for technical inventions and copyright protection for software. The level of this protection, as well as the monopolistic effects it might create, should be determined in a manner that competition and cross-fertilisation which are the key to the development of innovative small and medium-sized enterprises in the European Union with easy market access; such enterprises will be the guarantors of the future competitiveness of the Community.
justification
Self-explanatory.

Amendment 248

submitted by:
Klaus-Heiner Lehne
provision:
rec 20
language:
English
topic:
Regional Competitiveness
amendment
The competitive position of Community industry in relation to its major trading partners will be improved if the current differences in the legal protection of computer-implemented inventions are eliminated and the legal situation is transparent. With the present trend for traditional manufacturing industry to shift their operations to low-cost economies outside the Community, the importance of intellectual property protection and in particular patent protection is self-evident. The competitive position of Community industry in relation to its major trading partners will be improved if the current differences in the legal protection of computer-implemented inventions are eliminated and the legal situation is transparent.
justification
Self-evident.
[ The Need for Harmonisation | Meaning of TRIPs | What Patents are Good for | Relations between Patent and Copyright | Not a separate body of law | Strengthening EU in International Competition ]
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english version 2005-03-20 by Hartmut PILCH