JuriPatbon0505En

Recital 9

number

submitter

recommendation

text

8

Rocard

+

Patent protection may allow inventors to benefit from their creativity. Patent rights protect innovation in the interests of society as a whole and should not be used in a manner which is anti-competitive or excessively detrimental to the innovation derived therefrom.

196 = 197 = 198

Ortega; Kudrycka and Zwiefka; Bertinotti

++

Patents are temporary exclusion rights granted by the state to inventors in order to stimulate technical progress. In order to ensure that the system works as intended, the conditions for granting patents and the modalities for enforcing them must be carefully designed. In particular, inevitable corollaries of the patent system such as restriction of creative freedom, users' rights or legal insecurity and anti-competitive effects must be kept within reasonable limits.

199

Kauppi

++

Patents are temporary exclusion rights granted by the state to inventors in order to benefit from their creativity and to stimulate technical progress. In order to ensure that the patent rights protect innovation in the interest of society as a whole and the system works as intended, the conditions for granting patents and the modalities for enforcing them must be carefully designed. In particular, inevitable corollaries of the patent system such as restriction of creative freedom, users' rights or legal insecurity and anti-competitive effects must be kept within reasonable limits.

200

Lichtenberger, Frassoni

+

Patent protection allows inventors to benefit from their creativity. Patent rights protect innovation in the interests of society as a whole and should not be used in a manner which is anti-competitive or excessively detrimental to the innovation derived there from.

196 = 197 = 198 clearly state that patents are merely a policy tool which governments can use where they deem them to be beneficial to innovation and the economy as a whole.

199 adds that patents are also there for innovators to benefit from their creativity. This "natural rights" principle is however generally not accepted amongst law scholars as far as intangibles are concerned, because such rules introduce artificial scarcity (with tangible property, scarcity occurs automatically -- multiple people can't simultaneously use the same physical object).

200 is only a small improvement compared to the Council text.

8 is a bit better than 200, but still unconditionally states that "Patent rights protect innovation in the interests of society as a whole", although this is not true by definition (only if applied well as one of the tools available to economic policy makers).

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