[ParlTrack]

Motion for a resolution
Recital D

D. whereas it had quickly become clear that some Member States had specific problems which made it impossible for them to accept the proposed regulation; whereas, in particular, some Member States were unable to accept the translation arrangements for the Community patent, which led the Council to conclude that, on account of the translation regime issue, ~~it would be~~the Council was unable to reach a political agreement on the Commission proposal, due to the lack of a unanimous consensus,

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital L

L. whereas despite ~~considerable efforts and~~ several rounds of negotiations undertaken by the Council in 2010, it was confirmed at the Competitiveness Council meeting on 10 December 2010 that insurmountable difficulties existed making a decision on the translation arrangements requiring unanimity impossible problematical now and in the foreseeable future and that the objectives of the proposed Regulations to establish a unitary patent protection in the entire European Union could not be attained within a reasonable period by applying the relevant provisions of the Treaties, whereas the Parliament considers it important that the Commission does not abandon its efforts to reach a comprehensive agreement on the EU patent,,

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital O

O. whereas Parliament has verified compliance with Article 20 of the Treaty on European Union ("TEU") and Articles 326 to 334 TFEU, 1 Denmark, Estonia, Finland, France, Germany, Lithuania, Luxembourg, the Netherlands, Poland, Slovenia, Sweden and the United Kingdom.deleted

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital R

R. whereas, in particular, this enhanced cooperation may be regarded as furthering the Union's objectives, protecting its interests and reinforcing its integration process within the meaning of Article 20 TEU, in the light of the Commission's impact assessment in connection with its above-mentioned 2010 proposal for a regulation on the translation arrangements for the European Union patent, which pointed to the lack of a unitary patent providing protection across the entire EU leading to a fragmented patent system; whereas this fragmentation is caused by the high costs and complexity of validating European patents in individual Member States which can amount to 40% of the overall costs of patenting in Europe; whereas the creation of unitary patent protection for a group of Member States would improve the level of patent protection by making it possible to obtain uniform patent protection throughout the territories of the participating Member States and would eliminate the costs and complexity for those territories, thus fostering scientific and technological advances and the functioning of the internal market,deleted

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital S

S. whereas it is clearly apparent from the antecedents of this initiative that the proposed decision is being put forward as a last resort and that the objectives of the cooperation cannot be attained within a reasonable period by the Union as a whole; whereas at least nine Member States intend to participate in it; whereas, therefore, the requirements of Article 20 TEU are satisfied,deleted

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital T

T. whereas the requirements of Articles 326 to 334 TFEU are also satisfied; whereas enhanced cooperation will facilitate the proper functioning of the internal market by eliminating obstacles to free movement of goods, helping to tackle patent infringements, possibly increasing the number of inventors seeking patent protection throughout the Union, providing equal access to unitary patent protection to all inventors, innovative companies and patent-holders whether they come from participating Member States or non-participating Member States, providing an additional instrument available to all patent-holders in the Union, improving the framework conditions for innovative businesses throughout the Union, and eliminating, among participating Member States, the current fragmentation where patent right "borders" exist between Member States,

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital V

V. whereas enhanced cooperation will not undermine the internal market or economic, social and territorial cohesion, will not constitute a barrier to or give rise to discrimination in trade between Member States and will not distort competition between them; whereas, instead, it will facilitate the proper functioning of the internal market by eliminating obstacles to free movement of goods, helping to tackle patent infringements, possibly increasing the number of inventors seeking patent protection throughout the Union, providing equal access to unitary patent protection to all inventors, innovative companies and patent-holders whether they come from participating Member States or non-participating Member States, providing an additional instrument available to all patent-holders in the Union, improving the framework conditions for innovative businesses throughout the Union, and eliminating, among participating Member States, the current fragmentation where patent right "borders" exist between Member States,deleted

2011/01/21
Committee: JURI

Raffaele BALDASSARRE, Luigi BERLINGUER

Motion for a resolution
Recital X

X. whereas Article 328(1) TFEU provides that enhanced cooperation is to be open at any time to all Member States that wish to participate; whereas the Commission should promote from the beginning participation of as many Member States as possible,

2011/01/21
Committee: JURI

Activities of Luigi BERLINGUER related to 2010/0384(NLE)

Plenary speeches (1)

Amendments (8)

ParlTrack - 2011-2024