[ffii] Unitary Patent: Council asks Parliament to sign its death certificate in patent law

Benjamin Henrion bhenrion at ffii.org
Wed Nov 21 12:14:09 CET 2012


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Unitary Patent: Council asks Parliament to sign its death certificate in patent law
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Brussels, 21 November 2012 -- This monday, the Cypriot Presidency stated
in parliament that they are "aware of concerns that the legislator can
be deprived of their legislative competence". In fact the new patent
compromise is similar to the "a death certificate in patent law" for the
European Parliament, says Benjamin Henrion, president of the FFII.

According to leaks published by PCinpact, the latest compromise seeks to
remove the role of the European Parliament and the European Court of
Justice from any power in the proposed patent system (articles 6-8).

Benjamin Henrion, president of FFII, warns: "The Council asks basically
to the European Parliament to sign their death certificate in patent
law. No part of the proposed system will be under the control of an
elected legislator. This is a disaster for all the people that believes
in the power of the European Parliament."

All red lines imposed by the Parliament has been broken by the Council
compromise:

* the enhanced cooperation (art118), with reference to national law,
  still does not create a title of the European Union;
* the Parliament is deprived of its legislative competence in patent
  law;
* the European Court of Justice is forbidden to have a say on patent
  law, especially on substantive matters, such as software patents.

The Rapporteur and MEP Klaus-Heiner Lehne has been pushing the "death
certificate" proposal to be voted for in the next Plenary at the 10th
December, refusing any reopening of the discussions at committee level.

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Links
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* Cyprus press release: Unitary patent closer to the finishing line
http://www.cy2012.eu/index.php/en/news-categories/areas/competitiveness/press-release-unitary-patent-closer-to-the-finishing-line

* FFII: Klaus-Heiner Lehne: software patent legislator and lobbying consultant
http://wiki.ffii.org/KlausHeinerLehneEn

* PCInpact: Brevet unitaire européen : un compromis veut écarter l'Union européenne
http://www.pcinpact.com/news/75393-brevet-unitaire-europeen-compromis-veut-ecarter-union-europeenne.htm

* Max Planck Institut: The Unitary Patent Package: Twelve Reasons for Concern
http://www.ip.mpg.de/files/pdf2/MPI-IP_Twelve-Reasons_2012-10-17_final3.pdf

* Permanent link to this press release
https://press.ffii.org/Press%20releases/Unitary%20Patent%3A%20Council%20asks%20Parliament%20to%20sign%20its%20deathcertificate%20in%20patent%20law

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Contact
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Benjamin Henrion 
FFII Brussels 
Mobile: +32-484-566109 
Email: bhenrion at ffii.org 

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About FFII
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The FFII is a not-for-profit association active in twenty European countries,
dedicated to the development of information goods for the public benefit,
based on copyright, free competition, open standards. More than 1000 members,
3,500 companies and 100,000 supporters have entrusted the FFII to act as their
voice in public policy questions concerning exclusion rights (intellectual
property) in data processing.




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