Study suggest EU-patent rethink; EU pushes on.
Max Planck Institute for Intellectual Property and Competition Law just reported what we already know about the Unitary-patent proposal as modified by the EU-Council. Its bad. The report dives into twelve problems and ends with a recommendation to rethink the whole package.
At the same time, Mr Michel Barnier, EU-Commissioner for internal markets, announced, as reported by europolitics, that the criticized proposal will be brought to conclusion "in the coming weeks". (18/10 2012)
Please save innovation from a self serving patent regime in Europe.
I would urge Mr. Barnier to rethink that strategy... perhaps regarding the problems reported:
I. The unitary patent package adds to complexity
2. Fragmentation in the rules applicable to the unitary patent
3. Fragmentation of jurisprudence.
4. Insufficient exceptions and limitations
5. Absence of countervailing rights
6. Risk of dysfunctional patent practices
7. Discriminatory effects.
8. Inherent ineffectiveness of the Unified Patent Court
9. Uncertain implications of the unitary effect.
10. Incorrect legal basis for the unitary patent.
11. Exclusion of compulsory licenses through EU law primacy
12. Persisting incompatibility of the Unified Patent Court with EU law