2005-07-05 Speech of Othmar Karas MEP in the Plenary Debate on Software Patents
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5. July 2005 -- In a speech delivered to the European Parliament's plenary assembly, Austrian conservative member Othmar Karas explains convincingly why the Parliament needs to reject the Council's "Common Position".
Mr President, Mr Commissioner, Dear Colleagues! After this two hours of debate does anyone have the impression that we have a usable common position? After this debate does anyone have the impression that this tricky question has been debated enough, that it is ripe for decision, that we do have the necessary qualified majority for Yes or to the plenitude of amendments? I do not think so. And there is a reason for that.
The first reading on 24 September 2004 was not taken into account at all when it came to the political agreement of the council. Piia-Noora Kauppi said on the council decision, apparently the council wanted to ignore the will of the elected european legislators. The council itself is not secure. The item had been removed from the agenda on 21 December on the request of Poland. Parliaments in Germany, Spain and the Netherlands have spoken against the directive in its current form. Votings have been delayed several times.
The European Parliament has asked the Commision for a resubmittal in First Reading. We have a decision of the Legal Affairs Council (JURI), a decision of the Conference of Presidents, a decision of the plenary for a renewed referral.
How did the council react on that? The council has stopped all discussion by declaring it A item hence quenching all discussions. Even if the Nice treaty become law in the meanwhile the political agreement was simply approved. Result: one is unhappy about the common position and we now have 178 amendments.
From the subject matter point of view --- I could amend it - they are mentioned in the amendments --- I am convinced this common position does not create legal security, it does not promote innovation and it gives fear to the small companies. Hence it is wise to reject the common position next and use all our forces for the harmonisation of European Patent law instead for voting on disputed sectoral harmonisations as substitute for that.
