Procedure : 2011/0093(COD)
Document stages in plenary
Document selected : A7-0001/2012

Texts tabled :

A7-0001/2012

Debates :

PV 11/12/2012 - 4
CRE 11/12/2012 - 4

Votes :

PV 11/12/2012 - 8.9
Explanations of votes
Explanations of votes
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2012)0474

REPORT     ***I
PDF 329kWORD 459k
11 January 2012
PE 472.059v04-00 A7-0001/2012

on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection

(COM(2011)0215 – C7-0099/2011 – 2011/0093(COD))

Committee on Legal Affairs

Rapporteur: Bernhard Rapkay

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Industry, Research and Energy
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection

(COM(2011)0215 – C7-0099/2011 – 2011/0093(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0215),

–   having regard to Article 294(2) and Article 118(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0099/2011),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Industry, Research and Energy (A7-0001/2012),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. However, to ensure legal certainty in the event of a limitation or revocation on the ground of lack of novelty pursuant to Article 54(3) EPC, the limitation or revocation of a European patent with unitary effect should take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.

(7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of all the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, transferred, revoked or lapse in respect of all the participating Member States. It should be possible for a European patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.

Amendment  2

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) The matter of compulsory licences is not covered by this Regulation. Compulsory licences for European patents with unitary effect should be governed by the national legislation of the participating Member States on their respective territories.

Amendment  3

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) The regime applicable to damages should be governed by the law of the participating Member States, in particular the provisions implementing Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.

Amendment  4

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect, the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants filing European patent applications in a language other than one of the official languages of the European Patent Office. The participating Member States should ensure that requests for unitary effect are filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements].

(15) The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect, the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants filing European patent applications in a language other than one of the official languages of the European Patent Office.

Amendment  5

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) In the framework of the Select Committee, the participating Member States should ensure the governance and supervision of the activities related to the tasks entrusted to the European Patent Office by the participating Member States, ensure that requests for unitary effect are filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and ensure that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation …/… [translation arrangements]. The participating Member States should also ensure the setting, in accordance with the voting arrangements in Article 35(2) of the EPC, of the level of the renewal fees and the share of the distribution of the renewal fees in accordance with the criteria set out in this Regulation.

Amendment  6

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission.

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses taking into account the situation of specific entities such as small and medium-sized enterprises for example in the form of lower fees. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed.

Amendment  7

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.

(18) Renewal fees should be paid to the European Patent Organisation. The European Patent Office shall retain an amount to cover the expenses generated at the European Patent Office in carrying out tasks in relation to the unitary patent protection in accordance with Article 146 EPC. The remaining amount shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market and should guarantee a minimum amount to be redistributed to each participating Member State in order to maintain a balanced and sustainable functioning of the system. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity established on the basis of the European Innovation Scoreboard (EIS) and having acquired membership of the European Patent Organisation relatively recently.

Amendment  8

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) In order to ensure the appropriate level and distribution of renewal fees in compliance with the principles set out in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the level of the renewal fees for European patents with unitary effect and the distribution of such fees between the European Patent Organisation and the participating Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

deleted

Amendment  9

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a) The jurisdiction for European patents with unitary effect should be established and governed by an instrument setting up a unified patent litigation system for European patents and European patents with unitary effect.

Amendment  10

Proposal for a regulation

Recital 21 b (new)

Text proposed by the Commission

Amendment

 

(21b) In order to ensure the proper functioning of the European patent with unitary effect, the consistency of the case-law and hence legal certainty, and the cost effectiveness for patent holders, the establishment of a Unified Patent Court to hear cases concerning the European patent with unitary effect is essential. It is therefore of paramount importance that the participating Member States ratify the Agreement on a Unified Patent Court in accordance with their national constitutional and parliamentary procedures and take the necessary steps for that Court to be operational as soon as possible.

Amendment  11

Proposal for a regulation

Article 2 – point c

Text proposed by the Commission

Amendment

(c) "European patent with unitary effect" means a European patent which benefits from unitary effect in the territories of the participating Member States by virtue of this Regulation;

(c) "European patent with unitary effect" means a European patent which benefits from unitary effect in the territories of all the participating Member States by virtue of this Regulation;

Amendment  12

Proposal for a regulation

Article 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) "Register for unitary patent protection" means the register constituting part of the European Patent Register in which the unitary effect and any limitation, license, transfer revocation or lapse of a European patent with unitary effect are registered;

Amendment  13

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

European patents granted with an identical scope of protection in respect of all participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent protection referred to in Article 12(1)(b).

European patents granted with the same set of claims in respect of all the participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent protection referred to in Article 2(da).

Amendment  14

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Without prejudice to Article 5, a European patent with unitary effect may only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States.

A European patent with unitary effect may only be limited, transferred, revoked or lapse in respect of all the participating Member States.

 

A European patent with unitary effect may be licensed in respect of the whole or part of the territories of the participating Member States.

Amendment  15

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin.

2. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered and extends to their territory, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin.

Amendment  16

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Prior rights

 

In the event of a limitation or a revocation on the ground of lack of novelty pursuant to Article 54(3) of the EPC, the limitation or revocation of a European patent with unitary effect shall take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published.

 

Amendment  17

Proposal for a regulation

Article 6 – point b

Text proposed by the Commission

Amendment

(b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the participating Member States;

(b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the territory of the participating Member States in which that patent has unitary effect;

Amendment  18

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any person without the proprietor's consent, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from supplying or offering to supply, within the participating Member States in which that patent has unitary effect, any person other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

Amendment  19

Proposal for a regulation

Article 8 – point e

Text proposed by the Commission

Amendment

(e) the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel;

(e) the use on board vessels of countries other than participating Member States in which that patent has unitary effect of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States in which that patent has unitary effect, provided that the invention is used there exclusively for the needs of the vessel;

Amendment  20

Proposal for a regulation

Article 8 – point f

Text proposed by the Commission

Amendment

(f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter participating Member States;

(f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States in which that patent has unitary effect, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter the territory of the participating Member States in which that patent has unitary effect;

Amendment  21

Proposal for a regulation

Article 8 – point g

Text proposed by the Commission

Amendment

(g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State;

(g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State in which that patent has unitary effect;

Amendment  22

Proposal for a regulation

Article 8 – point h

Text proposed by the Commission

Amendment

(h) acts as covered by the farmers privilege pursuant to Article 14 of Regulation (EC) No. 2100/94 which applies mutatis mutandis;

(h) the use by a farmer of the product of his crop for propagation or multiplication on his own holding, provided that the reproductive vegetable material was sold or otherwise commercialised by the patent proprietor or with his consent to the farmer for agricultural purposes. The scope and the detailed methods of such use are laid down in Article 14 of Regulation (EC) No 2100/94;

Justification

This formulation is clearer than that in the text proposed by the Commission, which refers merely to Regulation No 2100/04 as applying mutatis mutandis.

Amendment  23

Proposal for a regulation

Article 8 – point j

Text proposed by the Commission

Amendment

(j) the acts and the use of the obtained information as allowed under Articles 5 and 6 of Council Directive 91/250/EEC1, in particular, by its provisions on decompilation and interoperability; and

(j) the acts and the use of the obtained information as allowed under Articles 5 and 6 of Directive 2009/24/EC1, in particular, by its provisions on decompilation and interoperability; and

____________________

____________________

1 Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ L 122, 17.5.1991, p. 42).

1 Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16).

Amendment  24

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.

The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States in which that patent has unitary effect after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.

Amendment  25

Proposal for a regulation

Article 10 – paragraph 1 – introductory wording

Text proposed by the Commission

Amendment

1. A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which, according to the European Patent Register:

1. A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect in which, according to the European Patent Register:

Amendment  26

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where no proprietor has his/her residence or a place of business in a participating Member State for the purposes of paragraphs 1 or 2, the European patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.

3. Where no proprietor has his/her residence, principal place of business or place of business in a participating Member State in which that patent has unitary effect for the purposes of paragraphs 1 or 2, the European patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.

Amendment  27

Proposal for a regulation

Article 12 – title

Text proposed by the Commission

Amendment

Implementation by the participating Member States

Administrative tasks in the framework of the European Patent Organisation

Amendment  28

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) the inclusion and administration of a Register for unitary patent protection registering unitary effect as well as any limitation, license, transfer, revocation or lapse of a European patent with unitary effect, within the European Patent Register;

(b) the inclusion within the European Patent Register and the administration of the Register for unitary patent protection;

Amendment  29

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e) the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the year in which the Register referred to in point b) mentions their grant; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and

(e) the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the year in which the European Patent Bulletin mentions their grant; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and

Amendment  30

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) ensuring that requests by the patent proprietor for unitary effect for a European patent are submitted in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin;

Amendment  31

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point f b (new)

Text proposed by the Commission

Amendment

 

(fb) ensuring that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article and that the European Patent Office is informed of any limitations, licenses, transfers and revocations of European patents with unitary effect.

Amendment  32

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For the purposes of point a), the participating Member States shall ensure that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin.

deleted

Amendment  33

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

For the purposes of point b), the participating Member States shall ensure that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article; and that the European Patent Office is informed of limitations and revocations of European patents with unitary effect.

deleted

Amendment  34

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC.

2. Member States shall ensure compliance with the provisions of this Regulation in implementing their international obligations undertaken in the EPC and shall cooperate amongst themselves to that end. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office and shall ensure the setting of the level of renewal fees in accordance with Article 15 and the setting of the share of distribution of the renewal fees in accordance with Article 16.

 

To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC.

 

The Select Committee of the Administrative Council shall consist of the representatives of the Member States and a representative of the Commission as an observer, as well as alternates who will represent them in their absence. The members of the Select Committee may be assisted by advisers or by experts.

 

Decisions of the Select Committee of the Administrative Council shall be taken with due regard for the position of the Commission and in accordance with the rules set out in Article 35(2) of the EPC.

Amendment  35

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. The participating Member States shall ensure effective legal protection before a national court against the decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.

3. The participating Member States shall ensure effective legal protection before a competent court of one or several participating Member States against the decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.

Amendment  36

Proposal for a regulation

Article 15 – paragraph 2 – introductory wording

Text proposed by the Commission

Amendment

2. The level of the renewal fees shall be fixed with the aim of

2. The level of the renewal fees, shall be fixed, taking into account, among others, the situation of specific entities such as small and medium-sized enterprises, with the aim of

Amendment  37

Proposal for a regulation

Article 15 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) being similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission.

(c) being similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed.

Amendment  38

Proposal for a regulation

Article 15 – paragraph 3 – introductory wording

Text proposed by the Commission

Amendment

3. In order to reach these objectives set out in this Chapter, the Commission shall set the level of renewal fees at a level that:

3. In order to reach these objectives set out in this Chapter, the level of renewal fees shall be set at a level that:

Amendment  39

Proposal for a regulation

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with paragraphs 1-3 and Article 17 concerning the fixing of the level of the renewal fees for European patents with unitary effect.

deleted

Amendment  40

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. The part of the collected renewal fees to be distributed to the participating Member States referred to in Article 12(1)(e) shall be 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect minus the costs associated with the administration of the unitary patent protection referred to in Article 12.

1. The European Patent Office shall retain 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect. The remaining amount shall be distributed to the participating Member States in accordance with the share of distribution of the renewal fees set in accordance with Article 12(2).

Amendment  41

Proposal for a regulation

Article 16 – paragraph 2 – introductory wording

Text proposed by the Commission

Amendment

2. In order to reach these objectives set out in this Chapter, the Commission shall set the share of distribution of renewal fees referred to in paragraph 1 among the participating Member States on the basis of the following fair, equitable and relevant criteria:

2. In order to reach the objectives set out in this Chapter, the share of distribution of renewal fees among the participating Member States shall be based on the following fair, equitable and relevant criteria:

Amendment  42

Proposal for a regulation

Article 16 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the size of the market expressed in the number of population,

(b) the size of the market, while ensuring a minimum amount to be distributed to each participating Member State,

Amendment  43

Proposal for a regulation

Article 16 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) provision of compensation to Member States for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.

(c) provision of compensation to Member States for having an official language other than one of the official languages of the European Patent Office and/or having a disproportionately low level of patenting activity and/or having acquired membership of the European Patent Organisation relatively recently.

Amendment  44

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. The participating Member States shall use the amount allocated to them in accordance with paragraph 1 to patent-related purposes.

deleted

Amendment  45

Proposal for a regulation

Article 16 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with paragraphs 1-3 and Article 17 concerning the setting of the distribution of renewal fees between the participating Member States.

deleted

Amendment  46

Proposal for a regulation

Article 17

Text proposed by the Commission

Amendment

Article 17

deleted

Exercise of the delegation

 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

2. The delegation of power referred to in Articles 15 and 16 shall be conferred for an indeterminate period of time from the [date of entry into force of this Regulation].

 

3. The delegation of powers referred to in Articles 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

 

5. A delegated act adopted pursuant to Articles 15 and 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

 

Amendment  47

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. Not later than six years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every six years.

1. Not later than three years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every five years.

Amendment  48

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall submit reports regularly on the functioning of the renewal fees referred to in Article 14 with particular emphasis on the continued compliance with the principles set out in Article 15.

2. The Commission shall regularly submit to the European Parliament and the Council reports on the functioning of the renewal fees referred to in Article 14 with particular emphasis on the continued compliance with the principles set out in Article 15.

Amendment  49

Proposal for a regulation

Article 21

Text proposed by the Commission

Amendment

The participating Member States shall notify the Commission of the measures adopted in accordance with Articles 4(2) and 12 by the date set in Article 22(2).

1. The participating Member States shall notify the Commission of the measures adopted in accordance with Article 12 by the date set in Article 22(2).

 

1a. Each participating Member State shall notify the Commission of the measures adopted in accordance with Article 4(2 )by the date of application of this Regulation or, in the case of a participating Member State in which the Unified Patent Court does not have exclusive jurisdiction with regard to European patents with unitary effect on the date of application of this Regulation, the date from which the Unified Patent Court has such exclusive jurisdiction in that participating Member State.

Amendment  50

Proposal for a regulation

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

2. It shall apply from [a specific date will be set and it will coincide with the date of application of Council Regulation …/… on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements].

2. It shall apply from 1 January 2014 or the date of entry into force of the Agreement on a Unified Patent Court, whichever is the later.

 

By way of derogation from Articles 3(1)-(2) and 4(1), a European patent for which unitary effect is registered in the Register for unitary patent protection referred to in Article 2(da) shall have unitary effect only in those participating Member States in which the Unified Patent Court has exclusive jurisdiction with regard to European patents with unitary effect at the date of registration.

 

2a. Each participating Member State shall notify the Commission of its ratification of the Agreement at the time of deposit of its ratification instrument. The Commission shall publish the date of entry into force of the Agreement and a list of the Member States who have ratified the Agreement at the date of entry into force in the Official Journal of the European Union. The Commission shall thereafter regularly update the list of the participating Member States which have ratified the Agreement and publish it in the Official Journal.

Amendment  51

Proposal for a regulation

Article 22 – paragraph 4

Text proposed by the Commission

Amendment

4. Unitary patent protection may be requested for any European patent granted on or after the date set out in paragraph 2.

4a. Unitary patent protection may be requested for any European patent granted on or after the date set out in the first subparagraph of paragraph 2.


OPINION of the Committee on Industry, Research and Energy (25.11.2011)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection

(COM(2011)0215 – C7-0099/2011 – 2011/0093(COD))

Rapporteur: Alajos Mészáros

SHORT JUSTIFICATION

Since 2000 the European Union has tried, without success, to adopt a unitary European patent system (before the entry into force of the Lisbon Treaty called Community patent) which could co-exist with national patents granted by national patent offices of the Member States (MSs) and the European patents granted under the European Patent Convention (EPC) by the European Patent Office (EPO).

Due to insurmountable difficulties in reaching a unanimous agreement within the Council on the language arrangements, negotiations failed several times. At the end of 2010 the Competitiveness Council declared it impossible to establish unitary patent protection in the entire EU within a reasonable period or in a foreseeable future.

Following this declaration, 12 MSs asked the Commission to submit a proposal for authorising enhanced cooperation in the area of unitary patent protection in order to be able to move forward in this very important matter. On 10 March 2011, following the consent given by the European Parliament on 15 February, the Competitiveness Council adopted the authorising decision to establish unitary patent protection in the territories of the 25 participating MSs. On 19 March 2011 the EP gave its consent to the launch of the enhanced cooperation. Three weeks later, on 13 April, the Commission presented a package of two legislative proposals that, if adopted, would allow any company or individual to protect their inventions through a single European patent which is valid in 25 MSs.

The creation of a truly unitary patent system will first and foremost bring about a highly needed simplification of the current system. This will allow users to cut administrative burdens and reduce patent costs in Europe of up to 80% thus improving the functioning and the protection of the free movement of goods in the Internal market and enabling innovation and entrepreneurship in Europe.

The high costs and complexity of validating European patents in several MSs represent the main reasons why patent proprietors appear to refrain from seeking EU-wide patent coverage. For instance, the total validation cost (including direct translation costs and estimated costs such as patent agent fees and publication fees) for a European patent of typical length is estimated to cost between EUR22.000 and 26.000 for an EU-wide coverage. Figures demonstrate that each year across all EU Member States companies spent between EUR205 and 230 million on translations, validations and professional charges. Creating an EU patent will help not only to reduce these costs to EUR680 per single patent, but also to create more favourable conditions for investment in R&D facilitating to reach the 3% target of GDP invested in R&D affirmed by Europe 2020.

Moreover, the current legislative proposal establishing the enhanced cooperation procedure and the linked to it expected proposal by the Commission on the creation of a European patent litigation system will bring about a much needed legal certainty in the field of patents in Europe.

The current proposal is the most significant and concrete step towards realising this long-overdue step. The European Parliament has been an ardent supporter of it calling for the creation of a true European patent for many years. To this end, your rapporteur warmly welcomes the Commission proposal, which offers a well-balanced and workable solution which has already been largely endorsed by the Council.

To this end, your rapporteur further considers that the delicate agreement achieved until this stage should be brought to fruition without delay with only some non-essential changes that might further improve the proposal without unravelling progress achieved so far.

One such improvement would be to disconnect the unitary effect of licensing and limiting/ transferring/revoking or lapsing of European patents, i.e. while these should be issued/terminated etc with respect to the territories of all participating MSs, licensing should be possible in only a selected number of MSs should that be a company's wish.

Furthermore, the Commission proposal quite rightly acknowledges the importance of a partnership between the EPO and the national industrial property centres (recital 20), particularly with regards the benefit such partnership could offer to small and medium-sizes enterprises in their patent activities. Thus your rapporteur believes that such partnership should be encouraged and the Commission should be allowed to stay informed about the development of such cooperation via its formal collaboration wit the EPO.

Last but not least, it should be reiterated that any rights borne out of a European patent with unitary effect should be in full compliance with rights conferred by the Treaties and Union law.

Finally, in its capacity as a co-legislator, it is essential that the Parliament is kept duly informed on any aspects of the Commission's obligations towards the legislators to this Regulation.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal.

(1) In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote the dissemination of information on scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal.

Amendment  2

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. However, to ensure legal certainty in the event of a limitation or revocation on the ground of lack of novelty pursuant to Article 54(3) EPC, the limitation or revocation of a European patent with unitary effect should take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.

(7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, transferred or revoked, or lapse, in respect of all the participating Member States. It should be possible for a European patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.

Justification

Indeed, the issuing and termination of an European patent with unitary effect should happen with respect to all participating Member States, however, with regards its licensing, it should be possible to do that only for the territories of a few and not all participating states.

Amendment  3

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission.

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover the costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses and should take into account the status and financing capacities of micro-, small and medium-sized enterprises1. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed.

 

_____________________

 

1 As defined in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

Amendment  4

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.

(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for the enforcement of this Regulation and for other patent and innovation-related purposes, including for the provision of advice and support to small and medium-sized enterprises. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.

Justification

In order to ensure that the distributed renewal fees serve the goal of the Regulation and benefit the enhanced patent system in Europe, it has to be stated for which purposes the participating Member States can use them.

Amendment  5

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Without prejudice to Article 5, a European patent with unitary effect may only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States.

Without prejudice to Article 5, a European patent with unitary effect may only be limited, transferred or revoked, or lapse, in respect of all the participating Member States.

Justification

Indeed, the issuing and termination of an European patent with unitary effect should happen with respect to all participating Member States, however, with regards its licensing, it should be possible to do that only for the territories of a few and not all participating states.

Amendment  6

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

A European patent with unitary effect may however be licensed in respect of the whole or part of the territories of the participating Member States.

Justification

Indeed, the issuing and termination of an European patent with unitary effect should happen with respect to all participating Member States, however, with regards its licensing, it should be possible to do that only for the territories of a few and not all participating states.

Amendment  7

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. A European patent with unitary effect shall take effect in the territories of the participating Member States on the date of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin.

1. A European patent with unitary effect shall take effect in the territories of the participating Member States on the fourteenth day following that of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin.

Justification

This amendment seeks to bring in a transition period in the countries in which the European patent concerned will be coming into effect, making it possible for publishing queries to be addressed.

Amendment  8

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Prior rights

 

In the event of a limitation or a revocation on the ground of lack of novelty pursuant to Article 54(3) of the EPC, the limitation or revocation of a European patent with unitary effect shall take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published.

 

Justification

Since the amendment of the European Patent Convention in 2000, such possibility as provided for by this article is not longer possible to which end it might as well be deleted from the regulation.

Amendment  9

Proposal for a regulation

Article 6 – paragraph 1 – introductory wording

Text proposed by the Commission

Amendment

1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the following:

1. The European patent with unitary effect shall confer on its proprietor a legally enforceable right ruling out the lawfulness of the following for any third party not having the proprietor's consent:

Amendment  10

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any person without the proprietor's consent, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

1. The European patent with unitary effect shall confer on its proprietor a legally enforceable right ruling out the lawfulness of any third party’s supplying or offering to supply within the participating Member States any person without the proprietor's consent, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

Amendment  11

Proposal for a regulation

Article 8 – introductory wording

Text proposed by the Commission

Amendment

The rights conferred by the European patent with unitary effect shall not extend to any of the following:

The rights conferred by the European patent with unitary effect shall accord with rights conferred by the Treaties and by Union law and shall not extend to any of the following:

Justification

Rights conferred by European patents with unitary effect could sometimes conflict with other areas of EU policy and thus ensuring compliance with EU law is compulsory as provided for by Article 326 TFEU ("Any enhanced cooperation shall comply with the Treaties and Union law").

Amendment  12

Proposal for a regulation

Article 8 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) the use of biological material for the purpose of breeding, discovering and developing any new plant variety;

Justification

It is important to provide for a limited breeders’ privilege in order to ensure the freedom to operate with regard to biological material for the purpose of the development and discovery of a new plant variety.

Amendment  13

Proposal for a regulation

Article 8 – point h

Text proposed by the Commission

Amendment

(h) acts as covered by the farmers privilege pursuant to Article 14 of Regulation (EC) No. 2100/94 which applies mutatis mutandis;

(h) the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where there has been a sale of plant propagating material to that farmer by the proprietor of the patent or with his consent for agricultural use, corresponding to Article 14 of Regulation (EC) No. 2100/94;

Justification

With regard to the farmer’s privilege, it is important to align the wording of the limitation to the wording of Directive 98/44/EC on the legal protection of biotechnological inventions.

Amendment  14

Proposal for a regulation

Article 8 – point i

Text proposed by the Commission

Amendment

(i) the use by a farmer of protected livestock for farming purposes, on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the sale in the framework of or for the purpose of commercial reproductive activity;

(i) the use of an animal or animal reproductive material by a farmer for an agricultural purpose, where there has been a sale by the proprietor of the patent or with his consent to the farmer of breeding stock or other animal reproductive material which constitutes or contains the patented invention. This does not include any sale within the framework of or for the purpose of commercial reproduction activity;

Justification

With regard to the farmer’s privilege, it is important to align the wording of the limitation to the wording of Directive 98/44/EC on the legal protection of biotechnological inventions.

Amendment  15

Proposal for a regulation

Article 15 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) such as to take into account the status and financing capacities of small and medium-sized enterprises.

Amendment  16

Proposal for a regulation

Article 15 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) taking into account the specific situation of small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC;

Amendment  17

Proposal for a regulation

Article 16 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the size of the market expressed in the number of population,

(b) the size of the market, while ensuring a minimum amount to be distributed to each participating Member State,

Justification

In the distribution of renewal fees among Member States it might be more practical to ensure a distribution based on the size of the market (not in terms of population but in terms of market covered by the patent) but at the same time ensuring nonetheless some form of minimum payment to all participating MSs.

Amendment  18

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation.

The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement, in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation, as well as on the cooperation between the European Patent Office and the central industrial property offices of the participating Member States, in particular as regards the provision of support for patent activities to small and medium-sized enterprises.

Justification

As reflected in recital 20, there could be a clear benefit of "an enhanced partnership" between the EPO and the national central industrial property offices in particular with regards the patent activities of SMEs. Such cooperation should be encouraged and the Commission should be kept informed in the framework of its cooperation with the EPO.

Amendment  19

Proposal for a regulation

Article 20 - paragraph 1

Text proposed by the Commission

Amendment

1. Not later than six years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every six years.

1. Not later than three years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every three years.

PROCEDURE

Title

Enhanced cooperation in the area of the creation of unitary patent protection

References

COM(2011)0215 – C7-0099/2011 – 2011/0093(COD)

Committee responsible

       Date announced in plenary

JURI

10.5.2011

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ITRE

7.7.2011

 

 

 

Rapporteur(s)

       Date appointed

Alajos Mészáros

1.9.2011

 

 

 

Discussed in committee

5.10.2011

 

 

 

Date adopted

23.11.2011

 

 

 

Result of final vote

+:

–:

0:

45

4

0

Members present for the final vote

Jean-Pierre Audy, Ivo Belet, Bendt Bendtsen, Jan Březina, Giles Chichester, Pilar del Castillo Vera, Christian Ehler, Vicky Ford, Adam Gierek, Norbert Glante, Robert Goebbels, Fiona Hall, Jacky Hénin, Edit Herczog, Kent Johansson, Romana Jordan Cizelj, Lena Kolarska-Bobińska, Béla Kovács, Philippe Lamberts, Angelika Niebler, Jaroslav Paška, Aldo Patriciello, Anni Podimata, Herbert Reul, Teresa Riera Madurell, Paul Rübig, Amalia Sartori, Francisco Sosa Wagner, Konrad Szymański, Patrizia Toia, Evžen Tošenovský, Ioannis A. Tsoukalas, Vladimir Urutchev, Kathleen Van Brempt, Alejo Vidal-Quadras, Henri Weber

Substitute(s) present for the final vote

Francesco De Angelis, Satu Hassi, Jolanta Emilia Hibner, Yannick Jadot, Ivailo Kalfin, Seán Kelly, Holger Krahmer, Werner Langen, Alajos Mészáros, Mario Pirillo, Vladimír Remek

Substitute(s) under Rule 187(2) present for the final vote

Cristian Silviu Buşoi, Anna Hedh


PROCEDURE

Title

Enhanced cooperation in the area of the creation of unitary patent protection

References

COM(2011)0215 – C7-0099/2011 – 2011/0093(COD)

Date submitted to Parliament

13.4.2011

 

 

 

Committee responsible

       Date announced in plenary

JURI

10.5.2011

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ITRE

7.7.2011

 

 

 

Rapporteur(s)

       Date appointed

Bernhard Rapkay

11.4.2011

 

 

 

Discussed in committee

21.6.2011

11.10.2011

21.11.2011

 

Date adopted

20.12.2011

 

 

 

Result of final vote

+:

–:

0:

17

4

0

Members present for the final vote

Raffaele Baldassarre, Luigi Berlinguer, Sebastian Valentin Bodu, Françoise Castex, Christian Engström, Marielle Gallo, Lidia Joanna Geringer de Oedenberg, Klaus-Heiner Lehne, Antonio López-Istúriz White, Antonio Masip Hidalgo, Alajos Mészáros, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Alexandra Thein, Diana Wallis, Rainer Wieland, Cecilia Wikström, Tadeusz Zwiefka

Substitute(s) present for the final vote

Jan Philipp Albrecht, Jean-Marie Cavada, Luis de Grandes Pascual, Vytautas Landsbergis, Kurt Lechner, Eva Lichtenberger

Date tabled

11.1.2012

Last updated: 5 December 2012Legal notice