|The House of Lords|
"May I just say in opening…I hope that you and your colleagues understand that this committee has always been supportive of the proposal for a pan-European patent and a simplification of the language regime and all the benefits that flow from that. I hope you will accept that is a given. We understand the difficulties that have arisen over the Spanish and Italian decision to challenge the proposal. But we do just want to concentrate on the structure of this proposed court. . . . We did find the Explanatory Memorandum and correspondence incredibly difficult to follow. It probably is an incredibly complicated proposal, so hopefully it will be much clearer hearing the answers to our questions from you…"
“amongst friends here and I hope we can bring some expertise to clarify a complicated legislative process”
|The EU flag has 12 stars which according to the EUROPA|
site are meant to signify "perfection". The circle represents
"unity". Does this mean that we should absolutely strive
to create a near "perfect" unitary patent system?
“has every sympathy with me. The patent bar is an inscrutable place where very few people tend to go and those that go tend to be very iconoclastic looking after their own particular affairs”
|The Earl of Sandwich|
BARONESS WILCOX: I have had the privilege of discussing the issue with Sir Robin in person several times which was a very exciting occasion because he is a very exciting man to exchange with and very, very, very, very well versed in all of this. Of course references to the Court of Justice are unavoidable when questions of EU law are concerned, which leads to additional costs and delay, but the main issue here is the potential of the new EU patent Regulation to apply in the case of infringement disputes and we would like to minimize the number of references to Court of Justice particularly in areas of specialized patent law where the Court does not have the relevant expertise. So we have continued to press for the deletion of Articles 6 to 8 from the Regulation . . . We continue to talk with Sir Robin Jacob…[because] its important as to who is going to write the rules for new body and its very important and its very interesting for me to continue to have the conversations with him. So the nice thing with Sir Robin is that he is madly enthusiastic on discussion and that is a wonderful thing because he asks you the impossible questions and it gives you the chance to fight them out before you get there.
LORD BOWNESS: You have obviously have reassured him since he wrote that….
LORD TEMPLE-MORRIS: . . . What does Sir Robin really want at the end of the day?
BARONESS WILCOX: Who would like to answer what Sir Robin would like?
|Lord Boyd of Duncansby|
“The summit communiqué was a high level statement -- if you know what is meant by that in the European Union -- reflecting what is perhaps the most difficult outstanding issue in the negotiations. I would interpret as meaning that if agreement could be reached on the seat of the Central Division, the other more technical issues would fall into place, but the package as a whole has not yet been agreed and outstanding technical issues which are still important, both for us in the UK and the other Member States. We continue to meet with Danish Government and impress on them the need to ensure negotiations are taken forward. But what is most important is getting the right package, not when it is signed. So we are not interested in when its being signed. We are interested in what we are signing being right. So, if it means we are making life difficult, not just for ourselves but others, in saying that "we are not happy yet, we are not happy yet", we will continue to do so. It has taken 41 years just to get this far so I don’t see there is any hurry…these are very important things.”
|Is the June 2012 deadline|
for agreement on the unitary patent
|When will the deadlock|
on the location of the Central
Division be unlocked?
So what's next? As long as there is a deadlock of uncertain length on the location of the Central Division, probably very little, except whatever on-going discussions the Minister and her team will be having with other Member States on the negotiations. In the meantime, readers should not forget that as far as the AmeriKat is aware the Minister has to still to finish out her appearance before the House of Commons Scrutiny Committee.
For idle paws the AmeriKat suggests clicking here to read an interesting set of documents from October and November of last year regarding the discussion by the House of Commons Scrutiny Committee regarding the withdraw from the enhanced cooperation procedure that were published on the Committee's website two days ago.