Greek MEP Papastamkos questions the Commission on EPLA and software patents

abstract

Question

• WRITTEN QUESTION E-4042/06 by Georgios Papastamkos (PPE-DE) to the Commission Subject: European Patent Court In a recent speech, the Commissioner responsible for the internal market,

  Mr McCreevy, came out in favour of the proposed European Patent Litigation Agreement. Non-governmental organisations and other civil society stakeholders point out the risk that this agreement will circumvent last year's vote in the European Parliament which rejected the Commission's proposal for a directive on the protection of software patent rights. The agreement provides for the creation of a special European Patent Court which would adjudicate in disputes concerning patent rights which have been recognised by the European Patent Office. In the light of the above:

• Can the Commission confirm that it does not support any attempt to circumvent the European Parliament's decision concerning the directive on the protection of software patent rights?
• Does the Commission support the creation of a special patent court outside the institutional structures of the EU?
• In the Commission's view, are the conditions for the application of Article 300, paragraphs 1 and 6 of the EC Treaty met?

Source

• http://www.europarl.eu.int/registre/questions/ecrites/2006/4042/P6_QE(2006)4042_EN.doc