Doc. 10727

17 October 2005

The need to harmonise the European patenting system in a globalised world

Motion for a resolution

presented by Mr Grignon and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       In view of the onslaught of globalisation in Europe, and in particular of the fact that the European Union is currently endeavouring to implement its Lisbon Agenda in order to secure greater competitiveness, the lack of any comprehensive pan-European patenting system is a major obstacle to the future growth of the continent and to its capacity for competing with not only the United States and Japan but also countries with newly booming economies such as China, which is very quickly developing its own patenting legislation and is likely soon to become the world leader on the advanced technology patenting front.

2.       Meanwhile, Europe’s response to this challenge, namely the European Patent Organisation, which was set up in 1973 and has been receiving increasing numbers of patent applications every year since, from 30 000 at the outset to 180 000 in 2004, is hamstrung by the fact that the London Agreement, which was designed to relax the translation criteria for European patents, did not attract sufficient numbers of ratifications by Contracting States to come into force. Furthermore, the attempts to adopt an agreement on a new system for settling disputes (the EPLA – European Patent Litigation Agreement), accompanied by a new European Patents Court, have made little headway despite the backing from the Council of Europe in its Recommendation 384 (1964) on a European patent law and the fact that the member States of the European Patent Organisation have been requesting such a facility right from its inception.

3.       The Assembly is therefore calling on member States of the Council of Europe to ensure progress on both the aforementioned items, so as to fulfil one of the preconditions for implementing the Lisbon Agenda and, more generally, to reinforce Europe’s economic position in the world.

Signed (see overleaf)

Signed 1:

GRIGNON, Francis, France, EPP/CD

BADRÉ, Denis, France, ALDE

BOUSAKLA, Mimount, Belgium, SOC

BRANGER, Jean-Guy, France, EPP/CD

COUSIN, Alain, France, EPP/CD

DREYFUS-SCHMIDT, Michel, France, SOC

DURRIEU, Josette, France, SOC

GARDETTO, Jean-Charles, Monaco, EPP/CD

GORIS, Stef, Belgium, ALDE

GREFF, Claude, France, EPP/CD

GROSSKOST, Arlette, France, EPP/CD

GUBERT, Renzo, Italy, EPP/CD

HAUPERT, Norbert, Luxembourg, EPP/CD

KUCHEIDA, Jean-Pierre, France, SOC

LE GRAND, Jean-François, France, EDG

LENGAGNE, Guy, France, SOC

NACHBAR, Philippe, France, EPP/CD

PROVERA, Fiorello, Italy, ALDE

REYMANN, Marc, France, EPP/CD

SCHNEIDER, André, France, EPP/CD

SCHREINER, Bernard, France, EPP/CD

SLUTSKY, Leonid, Russia, SOC

WIELOWIEYSKI, Andrzej, Poland, EPP/CD

WILLE, Paul, Belgium, ALDE


1        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group