Europees patentsysteem een stap dichterbij (en)

On 14 February, the EU’s Council requested the European Parliament’s consent for enhanced cooperation for the unitary patent system in the EU, with the participation of 25 member states. After more than a decade of stalled negotiations, this step brought the idea of the Unitary European Patent to close completion. This is one of the first examples of enhanced cooperation in the EU.

After the Hungarian Presidency’s successful mediation, the Education, Youth, Culture, and Sports Council approved the draft regulation as a non-debatable item on the agenda of its meeting on 14 February. The proposed law would authorise a group of member states to engage in enhanced cooperation, over the Unitary European Patent. The EU’s new patent regime expected to be more cost-efficient, simple, and stronger for legal security, and would improve the EU’s competitiveness, by promoting scientific and technological progress.

Back in December 2010, twelve member states requested the Commission to propose enhanced cooperation, as the Council’s meeting failed to achieve a unanimous agreement on the single patent’s translation regulations. Later, after further Council meetings and by means of the Hungarian Presidency’s mediation, another 13 member states declared their intention to join. Italy and Spain decided to opt out the enhanced cooperation, which was lamented by all member sates.

Concent of the European Parliament is necessary

Enhanced cooperation in a specific field, is subject to the authorised use of the EU’s institutions, procedures and mechanisms by at least 9 member states. With the right to join at a later stage left for other member states. Enhanced cooperation can only happen in a field, which is not restricted to the EU’s exclusive competence. (Intellectual property is closely related to the single market’s workings, a field within the EU’s divided competence.)

For enhanced cooperation, the acceptance of the Council’s authorisation is a major step. Cooperation can only start with the European Parliament’s consent. The issue is on the agenda of the Parliament’s plenary session on 14 February, where the Hungarian Presidency is to present the Council’s position. If the European Parliament consents to the proposal at its session, the Competitiveness Council may formally adopt the decision which authorises enhanced cooperation.