Activities of Adam GIEREK related to 2011/0093(COD)
Plenary speeches (3)
Creation of unitary patent protection - Unitary patent protection - Jurisdictional system for patent disputes (debate)
Explanations of vote
Explanations of vote
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection
Amendments (22)
Amendment 12 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter ‘EPC’), established the European Patent Organisation and entrusted it with the task of granting European patents. This task is carried out by the European Patent Office. European patents granted by the European Patent Office under the rules and procedures laid down in the EPC should, on a request by the patent proprietor filed directly or through the relevant national patent office, benefit from unitary effect by virtue of this Regulation in the territories of the participating Member States (hereinafter ‘European patents with unitary effect’).
Amendment 13 #
Proposal for a regulation
Recital 10
Recital 10
(10) The rights conferred by the European patent with unitary effect should enable the patent proprietor to prevent any third party not having his consent from the direct and indirect use of the invention on the territories of the participating Member States. However, a number of limitations of the patent proprietor’s rights should enablethis should not include a third partiesy’s right to use the invention, for instance for private ands for non- commercial purposes, for experimental purposes, for acts allowed specifically under Union law (in and scientific research, and all inventions theat area of veterinary medicinal products, medicinal products for human use, plant variety rights, the legal protection of computer programs by copyright and the legal protection of biotechnological inventions) under international law and for non- patentable under international law, including computer programs and databases; this also includes patented biotechnological inventions, plant protection patents and patent-protected medicines, and the use by a farmers of protected livestock for farming purposes.
Amendment 14 #
Proposal for a regulation
Recital 15
Recital 15
(15) The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect,carrying out the unitary effect registration process and analysing any related problems, such as the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants filing European patent applications in a language other than one of the official languages of the European Patent Office. The participating Member States should ensure that rRequests for unitary effect armust be filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and that they are submitted in the language of the proceedings before the European Patent Office together with the prescribed translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements].
Amendment 18 #
Proposal for a regulation
Recital 16
Recital 16
(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressivelevied throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover the actuall costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time wheren the level of the renewal fees is first fixed by the Commission.
Amendment 19 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to determine the appropriate level and distribution of renewal fees and to ensure that all costs of thethe actual fees for the annually renegotiated tasks in relation to the unitary patent protection entrusted on the European Patent Office are fully covered by the resources generated by the European patents with unitary effect and that, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, the revenues from the renewal fees ensure a balanced budget of the European Patent Organisation.
Amendment 21 #
Proposal for a regulation
Recital 18
Recital 18
(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.
Amendment 22 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure the appropriate level and distribution of renewal fees in compliance with the principles set out in this Regulation, the power to negotiate with the European Patent Office and to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the level of the renewal fees for European patents with unitary effect and the distribution of such fees between the European Patent Organisation and the participating Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 23 #
Proposal for a regulation
Recital 20
Recital 20
(20) An Enhanced communication partnership between the European Patent Office and central industrial property offices of the EU Member States should enable the European Patent Office to make regular use, where appropriate, on a fee- paying basis, of the result of any search carried out by central industrial property offices on a national patent application the priority of which is claimed in a subsequent European patent application. All central industrial property offices, including those which do not perform searches in the course of a national patent granting procedure, can have an essential role under the enhanced partnership, inter alia by givproviding advice and support to potential patent applicants, in particular small and medium-sized enterprises, by receiving national applications, by forwarding applications and establishing whether they should be forwarded to the European Patent Office, and by disseminating patent information.
Amendment 30 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 31 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A European patent with unitary effect shall take effect in the territories of the participating Member States on the datefourteenth day following that of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin.
Amendment 36 #
Proposal for a regulation
Article 8 – point e
Article 8 – point e
(e) the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel, and as long as the patented inventions concerned are not used commercially for the socio-economic purposes for which they are intended within the Member States;
Amendment 39 #
Proposal for a regulation
Article 8 – point i
Article 8 – point i
(i) the use by a farmer of protected livestock or reproductive material for farming purposes, on condition that the breeding animals or other animal reproductive material wereas sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductivesuch material for the purposes of his/her agricultural activity, but not thefor sale in the framework of or for the purpose of commercial reproductive activity; Justification A distinction needs to be drawn between commercial activity and the farmer’s own agricultural activity.Or. pl
Amendment 43 #
Proposal for a regulation
Article 13
Article 13
The expenses incurred by the European Patent Office in carrying out the additional tasks given, within the meaning of Article 143 of the EPC, by Member States to the European Patent Office shall be covered by the fees generated by the European patents with unitary effect, in line with the simulation set out in Annex I.
Amendment 44 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Renewal fees and additional fees for the late payment of renewal fees for European patents with unitary effect shall be paid to the European Patent Organisation by the patent proprietor as part of the resources required to carry out the tasks referred to in Article 13. Those fees shall be due in respect of the years following the year in which the European Patent Register mentions the grant of the European patent which benefits from unitary effect by virtue of this Regulation.
Amendment 45 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) sufficientpaid together with the fees to be paid to the European Patent Organisation during the pre-grant stage, to ensure a balanced budget of the European Patent Organisation.
Amendment 47 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The level of the renewal fees shall, in line with the simulation set out in Annex II, be fixed with the aim of
Amendment 49 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The part of the collected renewal fees to be distributed to the participating Member States referred to in Article 12(1)(e) shall be 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect minus the costs associated with the administration of the unitary patent protection referred to in Article 12, in line with the simulation set out in Annex III.
Amendment 50 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. In order to reach these objectives set out in this Chapter, the Commission shall set the share of distribution of renewal fees referred to in paragraph 1 among the participating Member States on the basis of the following fair, equitable and relevant criteria, in line with the simulation set out in Annex IV, taking into account:
Amendment 51 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The participating Member States shall use the amount allocated to them in accordance with paragraph 1 to patent- related purposesfor purposes relating to patenting activity in their territory.
Amendment 53 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The delegation of power referred to in Articles 15 and 16 shall be conferred for an indeterminate period of time fixed period of time, no longer than one year from the [date of entry into force of this Regulation].
Amendment 54 #
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. The delegation of powers relating to the disbursement of funds shall always be subject to approval by the European Parliament.
Amendment 59 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Not later than sixthree years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every sixthree years.