[ParlTrack]

Proposal for a regulation
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, 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 requests for unitary effect are filed with the European Patent Office within onthree months 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 translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements].

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive 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 all 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 and should take into account the specific situation of small and medium-sized enterprises, natural persons and non- profit organisations in the form of lower fees. 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 where the level of the renewal fees is first fixed ~~by the Commission~~.

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Recital 20

(20) An Enhanced partnership between the European Patent Office and central industrial property offices of the Member States should enable the European Patent Office to make regular use, where appropriate, 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 giving advice and support to potential patent applicants, in particular small and medium-sized enterprises, natural persons and non-profit organisations by receiving applications, by forwarding applications to the European Patent Office and by disseminating patent information.

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 6

Right to prevent the direct use of the The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor’s consent from the following: (a) making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes; (b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the participating Member States; (c) offering, placing on the market, using, importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent.Article 6 deleted invention

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 7

Right to prevent the indirect use of the 1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any person without the proprietor’s consent, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect. 2. Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 6. 3. Persons performing the acts referred to in Article 8(a) to (d) shall not be considered to be parties entitled to exploit the invention within the meaning of paragraph 1.Article 7 deleted invention

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 8

Limitation of the effects of the European The rights conferred by the European patent with unitary effect shall not extend to any of the following: (a) acts done privately and for non- commercial purposes; (b) acts done for experimental purposes relating to the subject matter of the patented invention; (c) acts carried out solely for the purpose of conducting the necessary tests and trials in accordance with Article 13(6) of Directive 2001/82/EC or Article 10(6) of Directive 2001/83/EC in respect of any patent covering the product within the meaning of either of those Directives; (d) the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription nor acts concerning the medicine so prepared; (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; (f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter participating Member States; (g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944 , where these acts concern the aircraft of a country other than a participating Member State; (h) acts as covered by the farmers privilege pursuant to Article 14 of Regulation (EC) No. 2100/94 which applies mutatis mutandis; (i) the use by a farmer of protected livestock for farming purposes, on condition that the breeding animals or other animal reproductive material were 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 reproductive material for the purposes of his/her agricultural activity, but not the sale in the framework of or for the purpose of commercial reproductive activity; (j) the acts and the use of the obtained information as allowed under Articles 5 and 6 of Council Directive 91/250/EEC , in particular, by its provisions on decompilation and interoperability; and (k) the acts allowed pursuant to Article 10 of Directive 98/44/EC of the European Parliament and of the Council .Article 8 deleted patent with unitary effect

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 9

Exhaustion of the rights conferred by the European patent with unitary effect The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.Article 9 deleted

2011/10/27
Committee: JURI

Diana WALLIS, Cecilia WIKSTRÖM

Proposal for a regulation
Article 10 – paragraph 4 a (new)

(4a) The application of this Article shall not prejudice the application of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)1 and Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)2. ____________________ 1 OJ L 177, 4.7.2008, p. 6. 2 OJ L 199, 31.7.2007, p. 40.

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

For the purposes of point a), the participating Member States shall ensure that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than onthree months after the mention of the grant is published in the European Patent Bulletin.

2011/10/27
Committee: JURI

Cecilia WIKSTRÖM

Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)

(ba) taking into account the specific situation of small and medium-sized enterprises, natural persons and non- profit organisations in the form of lower fees,

2011/10/27
Committee: JURI

Activities of Cecilia WIKSTRÖM related to 2011/0093(COD)

Plenary speeches (1)

Shadow reports (1)

Amendments (10)

ParlTrack - 2011-2024