Intellectual Property Law

The long-proposed European Patent Litigation Agreement (EPLA) and associated European Patent Court have been having a bumpy road toward actual adoption as a single unified way and place to litigate European patents, which must now be enforced separately in each country.  As we reported earlier, EU Internal Markets and Services Commissioner Charlie McCreevy of Ireland told the EU foreign ministers? meeting in Helsinki that ?there is an overwhelming desire for a patent system which is simpler [and] more cost-effective ? What industry wants is a one-stop-shop.  People don?t care how this is achieved.  But they want action.?  He promised a concrete plan by the end of the year.

The end of the year is now approaching, and McCreevy is finding EU progress as slow as ever.  Despite his brave words in September, the Financial Times reported on an industry meeting in Brussels on December 4 where McGreevy said that he would not be able to submit a proposal this year as he had hoped.  ?It is clear,? he said, ?that more time is needed to look at all the options.?  He mentioned his ?feeling we have been down this road before? and said he had ?a great sense of déja vu.? 

What this probably means is that it is still not possible to find a formulation that all essential players, but especially France, will agree to.  McCreevy seems discouraged, telling the Financial Times that he was frustrated and pessimistic, and that his campaign for a pan-European patent regime is in danger of collapse.  ?Anything remotely concerning this patent area is fraught with minefields at every turn of the road,? he said.  McCreevy will be addressing the Pan-European Intellectual Property Summit meeting later this week ? perhaps we will learn more then.