4 Amendments of Ramon TREMOSA i BALCELLS related to 2011/0094(CNS)
Amendment 21 #
Proposal for a regulation
Recital 8
Recital 8
(8) In the case of a dispute concerning a European patent with unitary effect, it is a legitimate requirement that the patent proprietor should provide a full translation of the patent into an official or co-official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. The patent proprietor should also be required to provide, at the request of a court competent in the territory of the participating Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language of proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor. In the case of a dispute concerning a claim for damages the court hearing the dispute should take into consideration that, before having been provided with a translation in his own language, the alleged infringer may have acted in good faith and may have not known or had reasonable grounds to know that he was infringing the patent. The competent court should assess the circumstances of the individual case and inter alia should take into account whether the alleged infringer is a small and medium-sized enterprise operating only at local level, the language of the proceedings before the European Patent Office and, during the transitional period, the translation submitted together with the request for unitary effect.
Amendment 25 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to promote the availability of patent information and the dissemination of technological knowledge, machine translations of patent applications and specifications into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the European Patent Office and are a very important tool seeking to improve access to patent information and to disseminate widely the technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official and co-official languages of the UnionMember States would benefit all the users of the European patent system. Machine translations are a key feature of European Union policy. Such machine translations should serve for information purposes only and should not have any legal effect.
Amendment 29 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the patent into an official or co-official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled.
Amendment 42 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) where the language of the proceedings is English, a full translation of the specification of the European patent into any official or co-official language of the participating Member States that is an official language of the Union.