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WEEKLY NEWS - MAY 06, 2008

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Verheugen adds to Community patent momentum

James Nurton, Ljubljana

Patent protection in Europe is “cumbersome and costly” and there is an “urgent need” for both a Community patent and a solution to pan-European litigation, according to European Commission vice-president Günter Verheugen

His comments, made in a speech today at the European Patent Forum 2008 in Ljubljana, Slovenia, are the latest sign that momentum is building towards a Europe-wide agreement on patent reform.

Verheugen said that, following the introduction of the London Agreement, there were “promising signals” that a deal could be done during the lifetime of this Commission – that is, within the next 18 months.

But he added: “I’m not happy with the progress – it’s still too slow.”

Verheugen said he welcomed indications of a “pragmatic compromise concerning translation arrangements” for the Community patent.

As Managing IP revealed last month, EU officials are seriously considering whether software could be used to provide affordable translations of European patents in all EU languages. Manual translations would be required only where there is litigation over the patent.

Further details about the latest proposals were published in an EU Council working document on April 28, which has been circulated prior to a working party meeting on May 15. The issue is also set to be discussed at a meeting of the Competitiveness Council at the end of the month.

It is believed that a number of EU member states support the proposal.

Verheugen was speaking about how the IP system can contribute to helping tackle climate change. He indicated that policy makers would be open to developments such as a fast-track for green technologies, or reduced fees, if they would help promote research in environmental technologies.

He argued that “climate change needs to become a competitive advantage” and highlighted four areas where IP protection can help achieve that goal in Europe: first, easier and more affordable access to IP rights in Europe and better protection against counterfeiting globally; second, improved licensing markets; third, more user-friendly patent information; and fourth, better knowledge transfer from public research to industry.

Earlier at the conference, GE’s chief IP counsel Carl Horton warned against “compromising” patent protection, particularly by the introduction of compulsory licensing for green technologies.

Opening the Forum, EPO president Alison Brimelow said: “If effective climate protection is a political aim of the EU, then the same must apply to its innovation policy and the intellectual property rights that support that policy. Our conference is devoted to examining these links.”

She said that presentations today and tomorrow from environmental scientists as well as IP practitioners will address questions such as: What links environmental protection with patents? What are the links we need to recognize but don’t as yet? What should the patent system do to promote climate-friendly technologies? Or do patents even prevent such technologies from gaining ground?