Bolkestein- tale om blandt andet patenter

[Anne Østergaard <sslug@sslug>]

EU Kommissær Frits Bolkesteins tale om blandt andet
"Fællesskabspatentet"
og sammenhængen med EPO = European Patent Office i Munchen og EU.

"Der ligger en hund begravet her! I EPO!"- My comment!

Anne
--------------

Mr Frits Bolkestein Member of the European Commission in charge of the
Internal Market Protection of intellectual property rights in the
European
Union Address to Irish Exporters' Association Dublin, 29 May 2001       

"klip"


Patents 
At the European Council in Lisbon in early Spring 2000, the Heads of
States
and Governments said that it was necessary to create a new instrument
for
patent protection which would meet the highly legitimate requests from
industry. 
In August last year, the Commission presented a proposal for a unitary
Community patent system. The Commission proposal is ambitious and aims
at
creating a Community-wide patent protection which is simple, efficient
and
cheap and which creates legal certainty. The Community patent will have
a
key role in stimulating research and innovation in the Union and in
boosting
European competitiveness. 
The Community patent will have the same features as the Community trade
mark
and the Community design; through an application, protection will be
provided for the whole Community. The Community patent must be
affordable;
this is to be achieved essentially through reduced translation
requirements.
There must be legal certainty; to this end it is proposed that
litigation
will be conducted before a centralised Community jurisdiction. 
The Community patent will be governed both by the proposed regulation
and
the Munich Convention on European patents. In order to avoid having two
sets
of potentially divergent rules for Europe-wide patents (the European
patents
and the Community Patent), the Commission proposal builds on the
successful
acquis of the Munich system. Thus the Community patent would be granted
by
the European Patent Office and subjected to the provisions of the
European
Patent Convention up to the grant. The Community-wide effects of the
Community patent after the grant would be determined by the Regulation. 
The existence of National Patent Offices should not be put at risk with
the
introduction of the Community Patent. However, the introduction of the
Community Patent may require a profound re-evaluation of the role of
these
offices. 
This dossier is complex and a number of issues remain to be resolved if
the
patent is to be in place as urged by the Lisbon and Stockholm summits.
The
Commission is devoting much time and energy to ensuring that this can
happen. I hope that the political will to make progress exists and that
there will be a constructive debate at the Internal Market Council on 31
May. Support for Ireland for this important project is therefore most
welcome. 

http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=SPEE
CH/01/247|0|RAPID&lg=EN

Anne
-- 
Anne Østergaard, sslug@sslug http://www.sslug.dk