The “sub-sub-suboptimal compromise” of the EU Parliament, 

Article on the Special Meeting of the Legal Affairs Committee on 19/11/2012 (26/08/2013)

As is well known, in its meeting on 11 December 2012, the European Parliament adopted the so-called “patent package”, consisting of the Regulations on the “unitary patent” and the translation regime while agreeing to the conclusion of an intergovernmental Agreement for the creation of a “Unified Patent Court System”. The “unitary patent” Regulation is based on a compromise proposal of the (former) Cyprus Council Presidency which was discussed by Legal Affairs Committee of the European Parliament in a special meeting on 19 November 2012 from which the public was excluded. An audio recording of the meeting, which recently became available, shows the motives for the acceptance of this “compromise” which one of the rapporteurs called “sub-sub-suboptimal” and “a bad solution” there. The course of this meeting shall afterwards be described and assessed in more detail.

  • Download English version (article of 26/08/2013, redacted version of 05/09/2013, PDF)
  • Download German version (article of 26/08/2013, redacted version of 05/09/2013, PDF)


Resources:

  • Link to the article “Live Update: Competitiveness Council has reached an agreement on the patent package” on the IPKat blog
  • Audio recording of the meeting on 19/11/2012 (speeches in their respective original language, mp3, 19.8 MB)
  • Verbatim protocol of all speeches (English language version, redacted version of 05/09/2013, PDF)
  • Verbatim protocol of all speeches (German language version, PDF)
  • Verbatim protocol of all speeches in their respective original language (PDF)
  • Link to the Cyprus Council Presidency’s press statement “Unitary patent closer to the finishing line”, 20/11/2012
  • Link to the video recording of the Legal Affairs Committee meeting on 11/10/2012
  • Link to the article of Prof. Winfried Tilmann, “The Battle about Articles 6–8 of the Union-Patent-Regulation”
  • Link to the article of Hilty/Jaeger/Lamping/Ullrich, “The Unitary Patent Package: Twelve Reasons for Concern” (PDF)
  • Link to the article of Prof. Hanns Ulrich, “Select from Within the System: The European Patent with Unitary Effect” (PDF)
  • Link to the video recording of the Legal Affairs Committee meeting on 26/11/2012