Commissioner Charlie McCreevy’s speech about the Community patent has provoked differing responses.
Heise Online accentuates the positive, reporting that the Commissioner noted the urgency of the need to create the CP and drew attention to the fact the ‘patchwork quilt’ network of different patent systems across Europe puts Europe at a competitive disadvantage, compared to the US and Japan.
However, the Register notes that the Commissioner acknowledged concerns about the CP that he described as ‘legitimate’, namely
‘cost of litigation under the EPLA, the impact of the rules of procedure which we have yet to see, the independence of the EPLA judges from the EPO.’The IPKat reckons that the ultimate test will be the market: if/when the CP comes online, if business doesn’t like it, business won’t use it.
That speech was mainly about the EPLA, not about the Community Patent. And the market can't decide whether or not to use it should the EPLA be ratified, since it will remove all national patent courts and replace them with a single European one.
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