Uit de Raad voor Concurrentievermogen (28/29 mei)

Community Patent: As regards the unified patent litigation system, discussions have focused on a draft agreement and a draft statute of the future court. EU delegations made progress on a better understanding of the functioning of the envisaged court system. Important areas that have been addressed and further developed are mainly: the composition of the panels of judges, the implementation and operation of the envisaged agreement, the role of the European Court of Justice (ECJ) in the interpretation of Community law and transitional arrangements. The analysis of economic aspects was carried out on the basis of an expert study highlighting the saving costs for businesses of a unified patent litigation system.

In this regard, the Council reached an agreement in principle for requesting an opinion to the ECJ on whether the envisaged agreement, to be concluded between the Community, its member states and other contracting parties to the European Patent Convention1, is compatible with the EC Treaty.

Google  project: The Council took note of information provided by the German delegation concerning the “Google Books Project”  (scanning of books in US libraries for establishing a database on the basis of digital copies) and its possible legal implications as regards copyright matters (10221/09). The Commission was asked to elaborate an assessment and to report back in due course.

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