[A-List] EU integration struggles: IPRs

["Michael Keaney" <michael.keaney@xxxxxx>]

Brussels calls for progress on European patent
By Francesco Guerrera in Brussels
Financial Times; Nov 14, 2002

The European Union will today attempt to break a two-year deadlock over
plans for a European patent amid fears that a rift between the 15
governments could kill off the proposal.

Strong opposition from a number of member states, led by Germany and France,
is likely to prevent the EU from reaching a final agreement at a ministerial
meeting in Brussels today.

But the European Commission and companies yesterday warned EU ministers that
failure to make progress on the patent today would damage Europe's economy.

The Commission has the power to withdraw the proposals if it feels that no
deal is possible. The patent is a crucial part of the EU's plans to become
the world's most competitive economy by 2010. The Commission's plans are
supported by business, which wants to reduce the high costs of obtaining
patents in 15 countries.

"It would be ridiculous if no decision is taken," said Philippe de Buck, the
secretary-general of the European employers' federation, Unice. "We need a
European patent and we need it as cheap as possible." EU governments, which
need to approve the plans unanimously, are split on the location of the
courts that will rule on disputes.

The Commission proposed setting up a EU-wide court in Luxembourg, but
Germany, supported by France, wants to keep its system of regional courts.
Greece and Portugal also want the right to set up courts.

Greece's opposition to the plan is important because the country could shape
the debate on the patent when it holds the rotating presidency of the EU in
the first half of 2002.

Frits Bolkestein, the EU's internal market commissioner, will tell ministers
that having several courts would expose businesses to the risk of multiple
legal actions, defying the purpose of the single patent.

The UK is believed to have proposed a compromise that would allow member
states to set up national courts for cases involving companies or people of
the same nationality. Under the proposals, national courts would be set up
only after the Luxembourg court had dealt with a certain number of cases and
only if there was a specific need.