JuriNoteboom050421En

JURI Transcripts 050421: Eric Noteboom

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(NB: the sound quality was not good. The transcription below still needs some corrections and some gaps filled in, and there may even be some errors of sense. It is probably best read in conjunction with listening to the original audio)

Eric Noteboom (on behalf of the Commission's DG Markt):

(1.42.10) Thank you, Mr Chairman.

Yes, Let me first recall that we acted on ... the proposal to harmonise the law merely to create a transparent, and enabling environment in Europe with ... barriers between the criteria for defining ... whether or not the ...

(1.42.40) We are quite impressed by the report made by M Rocard. It gives a very clear picture of the issues in which the Parliament and the Council will have to find agreement. The Commission is of course entitled to comment on developments in order to ensure that the end result will be positive.

(1.43.00) Let me just take the policy focuses. We agree with M Rocard, the key issues for policy debate are the issue of interoperability and the issue of patentable subject matter.

(1.43.15) On the interoperability issue, Mr ... clearly commented in his communication to Parliament that he is fully committed to the promoting of interoperability as it exists taking in mind that we will need further debate on this very issue

(1.43.30) On the issue of patentable subject matter, we wonder whether the key to the proposal is a definition of what is technical and what is not technical. In our perspective, it needs to be what is patentable subject matter and what is not patentable. Our feeling is that trying to define technology is an extremely complex and difficult issue, and in particular if we attempt to give a definition of what is technical in the context of a directive which is only about software technologies. We would be very interested to learn what for example would be the implications of such a definition would be in other technological fields, such as ..., electronics, and .. .

(1.44.15) We also believe that the suggestion in this document is rather restrictive. It seems to suggest that any processes which takes place in any computer in any part of any washing machine are technical, and no processes which takes place outside the machine are technical. For that very reason we wonder whether this is the right way to follow.

(1.44.40) That said, we are very much impressed to follow this discussion, and to assist wherever we can in ... Thank you.

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