{"change_dates":[],"dossier":{"amendments":[{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-20","location":[["Proposal for a regulation","Recital 8"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:19"},"new":["(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 language of","the participating Member State in which","either the alleged infringement took place","or in which the alleged infringer is","domiciled. For reasons of legal certainty,","the translation must be a faithful","reflection of the original wording of the","patent. 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 could not","have known 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."],"old":["(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 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."],"orig_lang":"es","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ramon Tremosa i Balcells","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-21","location":[[" Proposal for a regulation","Recital 8"]],"meps":[97203],"meta":{"created":"2019-07-03T05:50:19"},"new":["(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."],"old":["(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 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."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-22","justification":" The proposal is to limit reimbursement to just a group of European applicants, namely SMEs,\n natural persons and non-profit organisations. Even though this initiative may pose practical\n problems in the EPO\u2019s work, it is fair, since reimbursement should be made only to those\n individuals and organisations for whom the language regime constitutes a major hurdle.","location":[["Proposal for a regulation","Recital 9"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:19"},"new":["(9) In order to facilitate access to European","patents with unitary effect, in particular for","small and medium-size enterprises,","applicants who do not have a language in","common with one of the official languages","of the European Patent Office should be","able to file their patent applications and","any other procedural documents at the","European Patent Office in any other","official language of the Union. As a","complementary measure, small and","medium-sized enterprises, natural persons","and non-profit organisations obtaining","European patents with unitary effect and","having their residence or principal place of","business within a Member State of the","Union which has as an official language a","language other than one of the official","languages of the European Patent Office","should benefit from a system of additional","reimbursements of the costs related to the","translation from that language into the","language of the proceedings of the","European Patent Office, beyond what is","currently already in place at the European","Patent Office. The system of additional","reimbursements should be administered by","the European Patent Office in accordance","with Article 12 of Regulation xx/xx","[substantive provisions]."],"old":["(9) In order to facilitate access to European","patents with unitary effect, in particular for","small and medium-size enterprises,","applicants who do not have a language in","common with one of the official languages","of the European Patent Office should be","able to file their patent applications at the","European Patent Office in any other","official language of the Union. As a","complementary measure, for applicants","obtaining European patents with unitary","effect and having their residence or","principal place of business within a","Member State of the Union which has as","an official language a language other than","one of the official languages of the","European Patent Office, a system of","additional reimbursements of the costs","related to the translation from that","language into the language of the","proceedings of the European Patent Office,","beyond what is currently already in place at","the European Patent Office, should be","administered by the European Patent","Office in accordance with Article 12 of","Regulation xx/xx [substantive provisions]."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-23","justification":" With regard to Community trade marks and designs, following the judgment in the Kik case,\n the OHIM decided that all correspondence would be made in the applicant\u2019s language, unless\n he or she decided otherwise. The OHIM explained that this was in the interests of applicants\n filing an application in a language other than its official languages, and that it would\n facilitate protection of trade marks and designs. A similar measure is required for patents.","location":[[" Proposal for a regulation","Recital 9 a (new)"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:19"},"new":["(9a) In the interests of persons who use a","language for filing which is not one of the","official languages of the European Patent","Office, and taking into consideration","European Union practice following the","ruling of the Court of Justice in Case","C-361/01 P1, the European Patent Office","should implement a system in which the","language for filing should be used for all","correspondence relating to the application","unless the applicant expressly indicates","that he wishes the European Patent Office","to use one of its official languages.","________________________________","1","Judgment of the Court of Justice of","9 September 2003 in Case C-361/01 P Kik","v OHIM [2003] ECR I-8283."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-24","location":[["Proposal for a regulation","Recital 10"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:19"},"new":["(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 languages of the Union would","benefit all the users of the European patent","system. They should be made available","online and free of charge on publication","of the patent application and of the","granted patent."],"old":["(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 languages of the Union 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."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ramon Tremosa i Balcells","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-25","location":[["Proposal for a regulation","Recital 10"]],"meps":[97203],"meta":{"created":"2019-07-03T05:50:19"},"new":["(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","Member 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."],"old":["(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 languages of the Union 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."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-26","location":[[" Proposal for a regulation","Recital 11"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:19"},"new":["(11) During a transitional period a request","for unitary effect as referred to in Article","12 of Regulation xx/xx [substantive","provisions] shall be accompanied by a full","translation with legal effects of the","specification of the patent into English","where the language of the proceedings","before the European Patent Office is","French or German, or into any official","language of the participating Member","States that is an official language of the","Union where the language of the","proceedings before the European Patent","Office is English. Those arrangements","would ensure that during a transitional","period all European patents with unitary","effect are made available in English which","is the language customary in the field of","international technological research and","publications. Furthermore, they would","ensure that with respect to European","patents with unitary effect translations","would be published in other official","languages of the participating Member","States. They would also enhance the","dissemination of patent information. Such","translations should not be carried out by","automated means. The transitional period","should not be longer than four years after","the entry into force of this Regulation."],"old":["(11) During a transitional period, before a","system of high quality machine","translations into all official languages of","the Union becomes available, a request for","unitary effect as referred to in Article 12 of","Regulation xx/xx [substantive provisions]","shall be accompanied by a full translation","of the specification of the patent into","English where the language of the","proceedings before the European Patent","Office is French or German, or into any","official language of the participating","Member States that is an official language","of the Union where the language of the","proceedings before the European Patent","Office is English. Those arrangements","would ensure that during a transitional","period all European patents with unitary","effect are made available in English which","is the language customary in the field of","international technological research and","","publications. Furthermore, they would","ensure that with respect to European","patents with unitary effect translations","would be published in other official","languages of the participating Member","States. Such translations should not be","carried out by automated means and their","high quality should contribute to the","training of translation engines by the","European Patent Office. They would also","enhance the dissemination of patent","information. The transitional period","should terminate as soon as high quality","machine translations into all official","language of the Union are available,","subject to an objective evaluation of the","quality. The quality of machine","translations should be regularly and","objectively evaluated by an independent","expert committee established by the","participating Member States in the","framework of the European Patent","Organisation and composed of the","representatives of the European Patent","Office and the users of the European","patent system. Given the technological","development, the maximum period for the","development of high quality machine","translations cannot be considered to","exceed 12 years. Consequently, the","transitional period should lapse 12 years","from the date of application of this","Regulation, unless it has been decided to","terminate that period earlier."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-27","location":[["Proposal for a regulation","Article 3 \u2013 paragraph 2"]],"meps":[96694],"meta":{"created":"2019-07-03T05:50:19"},"new":["2. A request for unitary effect as referred to","in Article 12 of Regulation xx/xx","[substantive provisions] shall be submitted","in an official language of the European","Patent Office of the applicant\u2019s choosing."],"old":["2. A request for unitary effect as referred to","","in Article 12 of Regulation xx/xx","[substantive provisions] shall be submitted","in the language of the proceedings."],"orig_lang":"lt","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Antonio Masip Hidalgo, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-28","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[28399,28338,28393],"meta":{"created":"2019-07-03T05:50:19"},"new":["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 language of the","participating Member State in which either","the alleged infringement took place or in","which the alleged infringer is domiciled.","The translation must be a faithful","reflection of the original wording of the","patent."],"old":["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 language of the","participating Member State in which either","the alleged infringement took place or in","which the alleged infringer is domiciled."],"orig_lang":"es","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ramon Tremosa i Balcells","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-29","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[97203],"meta":{"created":"2019-07-03T05:50:20"},"new":["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."],"old":["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 language of the","participating Member State in which either","","the alleged infringement took place or in","which the alleged infringer is domiciled."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-30","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[96694],"meta":{"created":"2019-07-03T05:50:20"},"new":["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 language of the","participating Member State in which either","the alleged infringement took place or in","which the alleged infringer resides on a","permanent basis."],"old":["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 language of the","participating Member State in which either","the alleged infringement took place or in","which the alleged infringer is domiciled."],"orig_lang":"lt","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Antonio Masip Hidalgo, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-31","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 4"]],"meps":[28399,28338,28393],"meta":{"created":"2019-07-03T05:50:20"},"new":["4. In the case of a dispute concerning a","claim for damages, the court hearing the","dispute shall take into consideration that","the alleged infringer could not have known","that he was infringing the patent before","having been provided with the translation","referred to in paragraph 1."],"old":["4. In the case of a dispute concerning a","claim for damages, the court hearing the","dispute shall take into consideration that","the alleged infringer may have acted","without knowing or having reasonable","grounds to know that he was infringing the","patent before having been provided with","the translation referred to in paragraph 1."],"orig_lang":"es","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-32","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 1"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:20"},"new":["1. Applicants who do not have a language","in common with one of the official","languages of the European Patent Office","should be able to file their patent","applications and any other procedural","documents at the European Patent Office","in any other official language of the","Union."],"old":["Given the fact that European patent","applications may be filed in any language","under Article 14(2) of the EPC, in","accordance with Article 12 of Regulation","xx/xx [substantive provisions], the","participating Member States, shall give,","within the meaning of Article 143 of the","EPC, the European Patent Office the task","of administering a compensation scheme","of reimbursing all translation costs up to","a ceiling, from the fees referred to in","Article 13 of that Regulation, for","applicants filing patent applications at the","European Patent Office in one of the","official languages of the Union that is not","an official language of the European","Patent Office."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Luis de Grandes Pascual, Antonio Masip Hidalgo","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-33","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 1 a (new)"]],"meps":[28399,28393,28338],"meta":{"created":"2019-07-03T05:50:20"},"new":["1a. The participating Member States,","shall, within the meaning of Article 143 of","the EPC, give the European Patent Office","the task of administering a compensation","scheme for the reimbursement of all","translation costs up to a ceiling, from the","fees referred to in Article 13 of Regulation","xx/xx [substantive provisions], for","applicants filing patent applications or","any other procedural documents at the","European Patent Office in one of the","official languages of the Union that is not","an official language of the European","Patent Office."],"old":[""],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-34","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 1 a (new)"]],"meps":[96757],"meta":{"created":"2019-07-03T05:50:20"},"new":["1a. The compensation scheme referred to","in paragraph 1 shall be funded through","the fees referred to in Article 13 of","Regulation xx/xx [substantive provisions]","and shall be available only for small and","medium-sized enterprises, natural","persons, non-profit organisations and","academic institutions having their","residence or principal place of business","within a Member State of the Union."],"orig_lang":"en","peid":"PE475.788v01-00","reference":"2011/0094(CNS)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-475.788+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Raffaele Baldassarre","changes":{},"committee":["JURI"],"date":"2011-10-26T00:00:00","id":"PE475.788-35","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 1 b (new)"]],"meps":[96757],"meta":{"created":"2019-07-03T05:50:20"},"new":["1b. 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PURPOSE: to implement enhanced\n cooperation in the area of the creation of unitary patent protection with\n regard to the applicable translation arrangements.
PROPOSED ACT: Council Regulation.
BACKGROUND: the current patent system in\n the EU, in particular in terms of translation requirements, involves very\n high costs and complexity. The overall cost of validation of an average\n European patent reaches 12 500 EUR if validated only in 13 Member States and over 32 000 EUR if validated in the whole EU. It is estimated that the actual\n validation costs are around 193 million EUR per year in the EU.
Despite of broad recognition of the\n competitive disadvantage European business faces in the absence of unitary\n patent protection, the Union has not been able to establish unitary patent\n protection.
The Commission first proposed a Council Regulation on the Community patentin August 2000. On 30 June 2010 the Commission adopted a proposal for a Council Regulation on the translation\n arrangements for the EU patent.
It was confirmed at the Competitiveness\n Council meeting on 10 December 2010 that insurmountable difficulties existed,\n making a decision requiring unanimity impossible now and in the foreseeable\n future.
25 Member States then asked for recourse\n enhanced cooperation in the area of unitary patent protection (all Member\n States except Italy and Spain) in the area of the creation of unitary patent\n protection.
The proposal for the authorising decision\n was adopted by the Council, after obtaining the consent of the European\n Parliament, on 10 March 2011. The present regulation implements the enhanced\n cooperation in the area of the creation of unitary patent protection as\n authorised by Council Decision 2011/167/EU..
IMPACT ASSESSMENT : the proposal is\n accompanied by an impact assessment which analyses the impacts of the\n following options:
Option 1 (base-line scenario): the Commission\n takes no action;
Option 2: the Commission continues to work\n with the other institutions towards an EU patent covering 27 Member States;
Option 3: the Commission presents proposals\n for regulations implementing enhanced cooperation:
The analysis carried out in the impact\n assessment has demonstrated that option 3 with sub-option 3.2 is the\n preferred option.
LEGAL BASIS: Article 118(2) of the Treaty\n on the Functioning of the EU provides for a specific legal basis to establish\n language arrangements applicable to European intellectual property rights\n providing uniform protection throughout the Union by means of regulations\n adopted by a special legislative procedure with the Council acting\n unanimously after consulting the European Parliament.
CONTENT: the proposal aims to implement\n the enhanced cooperation in the area of the creation of unitary patent\n protection authorised by Council Decision No 2011/167/EU with regard to the\n applicable translation arrangements. The main provisions are as\n follows :
Translation arrangements for the\n European patent with unitary effect: the proposal\n provides that where the specification of a European patent with unitary\n effect has been published, no further translations are required. The EPC\n provides that the specification of a European patent is published in the\n language of the proceedings before the European Patent Office (EPO) and\n includes a translation of the claims into the other two official languages of\n the EPO. Further translations are only requested in case of a dispute and\n during a transitional period as stated in the Regulation. A request for\n unitary effect is to be submitted in the language of the proceedings.
Translation in the case of a dispute: in the case of a dispute concerning a European patent with\n unitary effect, the patent proprietor provides a full translation of the\n patent into an official language of the participating Member State in which e ither the alleged infringement took place or in which the alleged infringer\n is domiciled. The patent proprietor would also be required to provide, at the\n request of the court competent in the territories of the participating Member\n States for disputes concerning the European patent with unitary effect, a\n full translation of the patent into the language of proceedings of that\n court. Such translations would be provided at the expense of the patent\n proprietor.
In the case of a dispute concerning a\n claim for damages the court hearing the dispute would take into consideration\n that, before having been provided with a translation in his own language, the\n alleged infringer may have acted in good faith and may have not known or had\n reasonable grounds to know that he was infringing the patent.
Administration of a compensation\n scheme: the proposal provides that the\n administration of a compensation scheme for applicants filing patent\n applications in one of the official languages of the Union that is not an\n official language of the EPO is entrusted by the participating Member States\n to the European Patent Office.
Transitional measures: the text provides for transitional measures to be applied during\n a certain period, before a system of high quality machine translations into\n all official languages of the Union becomes available.
Therefore, during a transitional period,\n a request for unitary effect as referred to in the Regulation implementing\n enhanced cooperation in the area of the creation of unitary patent protection\n shall be accompanied by the following: (i) a full translation of the\n specification of such patent into English where the language of the\n proceedings before the EPO of the EPC is French or German; or (ii) a full\n translation of the specification of such patent into any official language of\n the participating Member States that is an official language of the Union\n where the language of the proceedings before the EPO is English.
The transitional period should\n terminate as soon as high quality machine translations into all official\n languages of the Union are available. The quality\n of machine translations should be regularly and objectively evaluated by an\n independent expert committee established by the participating Member States\n in the framework of the European Patent Organisation and composed of\n representatives of the European Patent Office and users of the European\n patent system.
It is considered that the machine\n translations into all official languages of the Union should be developed\n within 12 years at the latest. Therefore, if the transitional period\n is not terminated by the Council on the basis of the proposal of the\n Commission, it should automatically lapse 12 years after this Regulation\n becomes applicable.
BUDGETARY IMPLICATIONS: the proposal has\n no impact on the Union budget.
\nThe Council exchanged views at a public\n session on the creation of unitary patent protection. The outcome of\n the debate provides a political orientation for the implementation of\n enhanced cooperation among 25 Member States towards the creation of a unitary\n patent title.
It paves the way for further work with a\n view to reaching a general approach at the extraordinary Competitiveness\n Council meeting devoted to unitary patent protection in Luxembourg on 27 June\n 2011.
The debate was conducted on the basis of\n a Presidency compromise text, following the two proposals submitted by the\n Commission on 13 April with provisions to implement enhanced cooperation in\n the area of the creation of unitary patent protection:
During a public session, the Council unanimously agreed on\n general approaches on two draft regulations implementing enhanced\n cooperation in the area of unitary patent protection.
The first proposal prescribes how patent\n holders can obtain European patents with unitary effect that ensures uniform\n protection for their invention and the second one contains the translation\n arrangements.
The Council authorised the launch of enhanced cooperation\n in the field of the creation of unitary patent protection on 10 March after\n having received the European Parliament’s consent to the use of this\n procedure on 15 February. The enhanced cooperation is a procedure enshrined\n in the EU treaty that allows a group of countries to adopt new common rules\n when EU-wide agreement cannot be reached within a reasonable period of time.
The use of enhanced cooperation was requested by 25 out of\n 27 EU Member States with the aim of establishing a unitary patent that will\n be valid across the territory of the participating Member States.
All Member States except Italy and Spain were in favour of\n the use of enhanced cooperation. The main obstacle to the creation of a\n unitary patent valid throughout the EU (i.e. in all 27 Member States) is the\n lack of unanimity on the number of languages in which the future unitary\n patent will be valid, hence the recourse to enhanced cooperation.
Enhanced cooperation is open to\n non-participating countries, and access to the unitary patent on the\n territory of participating Member States will also be available to businesses\n from non-participating Member States.
\nThe Committee on Legal Affairs adopted, in the\nframework of a special legislative procedure, the report drafted by\nRaffaele BALDASSARRE (EPP, IT) on the for a Council regulation\nimplementing enhanced cooperation in the area of the creation of\nunitary patent protection with regard to the applicable translation\narrangements.
\nIt recommends that the European Parliament\namend the Commission proposal as follows:
\nPurpose: the amendments stipulate\nthat:
\nTranslation arrangements for the European patent with\nunitary effect: once available, the machine\ntranslations of patent applications and specifications into all\nlanguages of the Union shall be made available online and free of\ncharge on publication of the patent application and of the granted\npatent.
\nAfter the end of the transitional\nperiod referred\nto in the Regulation, the participating Member States shall,\npursuant to Article 143 of the EPC, give the European Patent Office\nthe task of publishing an additional full translation of the\nspecification into English, if such additional translation has been\nprovided voluntarily by the applicant. Such translation shall not\nbe carried out by automated means.
\nDisputes: in the case of\na dispute relating to a European patent with unitary effect, the\npatent proprietor shall provide at the request and the choice of an\nalleged infringer, a full translation of the patent into an\nofficial language of the participating Member State in which either\nthe alleged infringement took place or in which the alleged\ninfringer is domiciled. Such translation shall not be carried\nout by automated means.
\nIn the case of a dispute concerning a claim for\ndamages, the court hearing the dispute shall take into\nconsideration whether, especially if it is a small or\nmedium-sized enterprise, a natural person, a non-profit\norganisation, a university or a public research organisation, the\nalleged infringer has acted without knowing or having reasonable\ngrounds to know that he was infringing the patent.
\nCompensation\nscheme: the\ncompensation scheme referred to in the Regulation shall be funded\nthrough the fees referred to in Regulation on substantive\nprovisions and shall be available only for small and\nmedium-sized enterprises, natural persons, non profit\norganisations, universities and public research organisations\nhaving their residence or principal place of business within\na Member State\nof the Union.
\nThe compensation scheme shall ensure full\nreimbursement of the translation costs up to a ceiling set in\nsuch a way as to reflect the average market price for translations\nand to avoid abuse.
\nEntry into force: the\nRegulation shall apply from 1 January 2014 or from the date\nof entry into force of the Agreement on a Unified Patent Court,\nwhichever is the later.
\nThe Presidency recalled the statement made on 30\nJanuary by the Heads of State or Government of the Member States\nparticipating in the enhanced cooperation for the creation of\nunitary patent protection in which they committed to reaching a\nfinal agreement on the last outstanding issue in the patent package\nin June 2012 at the latest.
\nThe Presidency highlighted the significant benefits\nthat the new system will provide to European companies in terms of\ninnovation potential, economic savings and legal certainty, and\ncommitted itself to striving to facilitate a final\ncompromise.
\nSeveral delegations and the Commission urged the\nfinalisation of a draft agreement by Member States for establishing\na Unified Patent Court.
\nLast December the Council and the Parliament reached a\nprovisional agreement on the two draft regulations implementing\nenhanced cooperation in the area of unitary patent protection (COD/2011/0093).
\nThe third pillar of the patent system, the creation\nof a Unified Patent Court that would judge patent litigation\ncases, is still pending final agreement on the seat of the\nCourt.
\nMinisters addressed the last outstanding issue in the\ndraft agreement for the creation of a Unified Patent Court, with a\nview to finalising the \"patent package\" without delay, with\na view to the European Council reaching a successful decision on\nthe matter at its meeting on 28-29 June 2012.
\nThe debate showed that further work was needed to\nreach consensus on the location of the Central Division of the\nCourt of First instance for the future unitary patent\njurisdiction.
\nThe debate followed the statement issued by the Heads\nof State or Government of the EU Member States participating in\nenhanced cooperation on the creation of unitary patent protection\nin which they made a commitment to reach a final agreement on the\nlast outstanding issue in the patent package in June 2012 at the\nlatest.
\nIn December 2011 the Council and the Parliament\nreached a provisional agreement on the two draft regulations\nimplementing enhanced cooperation in the area of unitary patent\nprotection (see also COD/2011/0093).
\nWith regard to the third\npillar of the patent system, the creation of a Unified Patent Court\nthat would judge patent litigation cases, final agreement on the\nseat of the Court is still pending.
\nThe European Parliament adopted by 481 votes to 152,\nwith 49 abstentions, in the framework of a special legislative\nprocedure (consultation of Parliament), a legislative resolution on\nthe proposal for a Council Regulation implementing enhanced\ncooperation in the area of the creation of unitary patent\nprotection with regard to the applicable translation\narrangements.
\nThe\nEuropean Parliament approves the Commissions proposal subject\nto the following amendments:
\nPurpose: the amendments\nstipulate that:
\nTranslation arrangements for the European patent with\nunitary effect: once available, the\nmachine translations of patent applications and specifications into\nall languages of the Union shall be made available online and\nfree of charge on publication of the patent application and of\nthe granted patent.
\nAfter the end of the transitional period referred to\nin the Regulation, the participating Member States shall, pursuant\nto Article 143 of the EPC, give the European Patent Office the task\nof publishing an additional full translation of the specification\ninto English, if such additional translation has been provided\nvoluntarily by the applicant. Such translation shall not be carried\nout by automated means.
\nDisputes: in the case of\na dispute relating to a European patent with unitary effect, the\npatent proprietor shall provide at the request and the choice of an\nalleged infringer, a full translation of the patent into an\nofficial language of the participating Member State in which either\nthe alleged infringement took place or in which the alleged\ninfringer is domiciled. Such translation shall not be carried\nout by automated means.
\nIn the case of a dispute concerning a claim for\ndamages, the court hearing the dispute shall take into\nconsideration whether, especially if it is a small or\nmedium-sized enterprise, a natural person, a non-profit\norganisation, a university or a public research organisation,\nthe alleged infringer has acted without knowing or having\nreasonable grounds to know that he was infringing the\npatent.
\nCompensation scheme: the\ncompensation scheme referred to in the Regulation shall be funded\nthrough the fees referred to in Regulation\non substantive provisions and shall be available only for small\nand medium-sized enterprises, natural persons, non profit\norganisations, universities and public research organisations\nhaving their residence or principal place of business within a\nMember State of the Union.
\nThe compensation scheme shall ensure full\nreimbursement of the translation costs up to a ceiling set in\nsuch a way as to reflect the average market price for translations\nand to avoid abuse.
\nEntry into force: the\nRegulation shall apply from 1 January 2014 or from the date\nof entry into force of the Agreement on a Unified Patent Court,\nwhichever is the later.
\nPURPOSE: creation\nof a uniform and simple translation regime for European patents\nwith unitary effect.
\nLEGISLATIVE ACT:\nCouncil Regulation (EU) No 1260/2012 implementing enhanced\ncooperation in the area of the creation of unitary patent\nprotection with regard to the applicable translation\narrangements.
\nCONTENT: two regulations (the present one and Regulation (EU) n°\n1257/2012) were adopted, with a view to implementing enhanced cooperation in\nthe area of the creation of unitary patent protection and the\napplicable translation arrangements.
\nBACKGROUND: on 10 March 2011, the Council adopted\nDecision 2011/167/EU\nauthorising enhanced cooperation between 25 countries - Belgium,\nBulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland,\nGreece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary,\nMalta, the Netherlands, Austria, Poland, Portugal, Romania,\nSlovenia, Slovakia, Finland, Sweden and the United Kingdom\n(\"participating Member States\") in the area of the creation of\nunitary patent protection.
\nOn 15 February, the European Parliament approved the\nestablishment of enhanced cooperation. The main obstacle to the\ncreation of unitary patent protection valid in 27 Member States is\nthe lack of unanimity on the choice of the language\nregime.
\nThis Regulation sets out the applicable translation\narrangements for unitary patent protection. The main elements are\nas follows:
\nTranslation arrangements: these are based on the linguistic regime of the\nEuropean Patent Office (EPO) responsible for issuing European\npatents, where the official languages are English, French and\nGerman. Those arrangements aim to achieve a balance between the\ninterests of economic operators and the public interest, in terms\nof the cost of proceedings and the availability of technical\ninformation.
\nWithout prejudice to transitional measures, where the\nspecification of a European patent, which benefits from unitary\neffect has been published in accordance with the Convention on the\nGrant of European Patents (EPC), no further translations shall\nbe required.
\nIn order to facilitate access to unitary patents, in\nparticular for SMEs, applicants will be able to file their patent\napplications in any official language of the Union.
\nTranslation in the event of a dispute: in the event of a dispute relating to an alleged\ninfringement of a European patent with unitary effect:
\nMachine translations: in\norder to promote the availability of patent information and the\ndissemination of technological knowledge, machine translations of\npatent applications and specifications into all official languages\nof the Union are being developed by the EPO.
\nDuring the transitional period, before a system of high quality machine translations\ninto all official languages of the Union becomes available, a\nrequest for unitary effect should be accompanied by:
\nGiven the state of technological development, the\nmaximum period for the development of high quality machine\ntranslations cannot be considered to exceed 12 years. Consequently,\nthe transitional period should lapse 12 years from the date of\napplication of this Regulation, unless it has been decided to\nterminate that period earlier.
\nENTRY INTO FORCE: 20/01/2013.
\nAPPLICATION: from 01/01/2014 or from the date of entry\ninto force of the Agreement on a Unified Patent Court, whichever is\nthe later.
\nPURPOSE: to implement enhanced\n cooperation in the area of the creation of unitary patent protection with\n regard to the applicable translation arrangements.
PROPOSED ACT: Council Regulation.
BACKGROUND: the current patent system in\n the EU, in particular in terms of translation requirements, involves very\n high costs and complexity. The overall cost of validation of an average\n European patent reaches 12 500 EUR if validated only in 13 Member States and over 32 000 EUR if validated in the whole EU. It is estimated that the actual\n validation costs are around 193 million EUR per year in the EU.
Despite of broad recognition of the\n competitive disadvantage European business faces in the absence of unitary\n patent protection, the Union has not been able to establish unitary patent\n protection.
The Commission first proposed a Council Regulation on the Community patentin August 2000. On 30 June 2010 the Commission adopted a proposal for a Council Regulation on the translation\n arrangements for the EU patent.
It was confirmed at the Competitiveness\n Council meeting on 10 December 2010 that insurmountable difficulties existed,\n making a decision requiring unanimity impossible now and in the foreseeable\n future.
25 Member States then asked for recourse\n enhanced cooperation in the area of unitary patent protection (all Member\n States except Italy and Spain) in the area of the creation of unitary patent\n protection.
The proposal for the authorising decision\n was adopted by the Council, after obtaining the consent of the European\n Parliament, on 10 March 2011. The present regulation implements the enhanced\n cooperation in the area of the creation of unitary patent protection as\n authorised by Council Decision 2011/167/EU..
IMPACT ASSESSMENT : the proposal is\n accompanied by an impact assessment which analyses the impacts of the\n following options:
Option 1 (base-line scenario): the Commission\n takes no action;
Option 2: the Commission continues to work\n with the other institutions towards an EU patent covering 27 Member States;
Option 3: the Commission presents proposals\n for regulations implementing enhanced cooperation:
The analysis carried out in the impact\n assessment has demonstrated that option 3 with sub-option 3.2 is the\n preferred option.
LEGAL BASIS: Article 118(2) of the Treaty\n on the Functioning of the EU provides for a specific legal basis to establish\n language arrangements applicable to European intellectual property rights\n providing uniform protection throughout the Union by means of regulations\n adopted by a special legislative procedure with the Council acting\n unanimously after consulting the European Parliament.
CONTENT: the proposal aims to implement\n the enhanced cooperation in the area of the creation of unitary patent\n protection authorised by Council Decision No 2011/167/EU with regard to the\n applicable translation arrangements. The main provisions are as\n follows :
Translation arrangements for the\n European patent with unitary effect: the proposal\n provides that where the specification of a European patent with unitary\n effect has been published, no further translations are required. The EPC\n provides that the specification of a European patent is published in the\n language of the proceedings before the European Patent Office (EPO) and\n includes a translation of the claims into the other two official languages of\n the EPO. Further translations are only requested in case of a dispute and\n during a transitional period as stated in the Regulation. A request for\n unitary effect is to be submitted in the language of the proceedings.
Translation in the case of a dispute: in the case of a dispute concerning a European patent with\n unitary effect, the patent proprietor provides a full translation of the\n patent into an official language of the participating Member State in which e ither the alleged infringement took place or in which the alleged infringer\n is domiciled. The patent proprietor would also be required to provide, at the\n request of the court competent in the territories of the participating Member\n States for disputes concerning the European patent with unitary effect, a\n full translation of the patent into the language of proceedings of that\n court. Such translations would be provided at the expense of the patent\n proprietor.
In the case of a dispute concerning a\n claim for damages the court hearing the dispute would take into consideration\n that, before having been provided with a translation in his own language, the\n alleged infringer may have acted in good faith and may have not known or had\n reasonable grounds to know that he was infringing the patent.
Administration of a compensation\n scheme: the proposal provides that the\n administration of a compensation scheme for applicants filing patent\n applications in one of the official languages of the Union that is not an\n official language of the EPO is entrusted by the participating Member States\n to the European Patent Office.
Transitional measures: the text provides for transitional measures to be applied during\n a certain period, before a system of high quality machine translations into\n all official languages of the Union becomes available.
Therefore, during a transitional period,\n a request for unitary effect as referred to in the Regulation implementing\n enhanced cooperation in the area of the creation of unitary patent protection\n shall be accompanied by the following: (i) a full translation of the\n specification of such patent into English where the language of the\n proceedings before the EPO of the EPC is French or German; or (ii) a full\n translation of the specification of such patent into any official language of\n the participating Member States that is an official language of the Union\n where the language of the proceedings before the EPO is English.
The transitional period should\n terminate as soon as high quality machine translations into all official\n languages of the Union are available. The quality\n of machine translations should be regularly and objectively evaluated by an\n independent expert committee established by the participating Member States\n in the framework of the European Patent Organisation and composed of\n representatives of the European Patent Office and users of the European\n patent system.
It is considered that the machine\n translations into all official languages of the Union should be developed\n within 12 years at the latest. Therefore, if the transitional period\n is not terminated by the Council on the basis of the proposal of the\n Commission, it should automatically lapse 12 years after this Regulation\n becomes applicable.
BUDGETARY IMPLICATIONS: the proposal has\n no impact on the Union budget.
\nThe Council exchanged views at a public\n session on the creation of unitary patent protection. The outcome of\n the debate provides a political orientation for the implementation of\n enhanced cooperation among 25 Member States towards the creation of a unitary\n patent title.
It paves the way for further work with a\n view to reaching a general approach at the extraordinary Competitiveness\n Council meeting devoted to unitary patent protection in Luxembourg on 27 June\n 2011.
The debate was conducted on the basis of\n a Presidency compromise text, following the two proposals submitted by the\n Commission on 13 April with provisions to implement enhanced cooperation in\n the area of the creation of unitary patent protection:
During a public session, the Council unanimously agreed on\n general approaches on two draft regulations implementing enhanced\n cooperation in the area of unitary patent protection.
The first proposal prescribes how patent\n holders can obtain European patents with unitary effect that ensures uniform\n protection for their invention and the second one contains the translation\n arrangements.
The Council authorised the launch of enhanced cooperation\n in the field of the creation of unitary patent protection on 10 March after\n having received the European Parliament’s consent to the use of this\n procedure on 15 February. The enhanced cooperation is a procedure enshrined\n in the EU treaty that allows a group of countries to adopt new common rules\n when EU-wide agreement cannot be reached within a reasonable period of time.
The use of enhanced cooperation was requested by 25 out of\n 27 EU Member States with the aim of establishing a unitary patent that will\n be valid across the territory of the participating Member States.
All Member States except Italy and Spain were in favour of\n the use of enhanced cooperation. The main obstacle to the creation of a\n unitary patent valid throughout the EU (i.e. in all 27 Member States) is the\n lack of unanimity on the number of languages in which the future unitary\n patent will be valid, hence the recourse to enhanced cooperation.
Enhanced cooperation is open to\n non-participating countries, and access to the unitary patent on the\n territory of participating Member States will also be available to businesses\n from non-participating Member States.
\nThe Committee on Legal Affairs adopted, in the\nframework of a special legislative procedure, the report drafted by\nRaffaele BALDASSARRE (EPP, IT) on the for a Council regulation\nimplementing enhanced cooperation in the area of the creation of\nunitary patent protection with regard to the applicable translation\narrangements.
\nIt recommends that the European Parliament\namend the Commission proposal as follows:
\nPurpose: the amendments stipulate\nthat:
\nTranslation arrangements for the European patent with\nunitary effect: once available, the machine\ntranslations of patent applications and specifications into all\nlanguages of the Union shall be made available online and free of\ncharge on publication of the patent application and of the granted\npatent.
\nAfter the end of the transitional\nperiod referred\nto in the Regulation, the participating Member States shall,\npursuant to Article 143 of the EPC, give the European Patent Office\nthe task of publishing an additional full translation of the\nspecification into English, if such additional translation has been\nprovided voluntarily by the applicant. Such translation shall not\nbe carried out by automated means.
\nDisputes: in the case of\na dispute relating to a European patent with unitary effect, the\npatent proprietor shall provide at the request and the choice of an\nalleged infringer, a full translation of the patent into an\nofficial language of the participating Member State in which either\nthe alleged infringement took place or in which the alleged\ninfringer is domiciled. Such translation shall not be carried\nout by automated means.
\nIn the case of a dispute concerning a claim for\ndamages, the court hearing the dispute shall take into\nconsideration whether, especially if it is a small or\nmedium-sized enterprise, a natural person, a non-profit\norganisation, a university or a public research organisation, the\nalleged infringer has acted without knowing or having reasonable\ngrounds to know that he was infringing the patent.
\nCompensation\nscheme: the\ncompensation scheme referred to in the Regulation shall be funded\nthrough the fees referred to in Regulation on substantive\nprovisions and shall be available only for small and\nmedium-sized enterprises, natural persons, non profit\norganisations, universities and public research organisations\nhaving their residence or principal place of business within\na Member State\nof the Union.
\nThe compensation scheme shall ensure full\nreimbursement of the translation costs up to a ceiling set in\nsuch a way as to reflect the average market price for translations\nand to avoid abuse.
\nEntry into force: the\nRegulation shall apply from 1 January 2014 or from the date\nof entry into force of the Agreement on a Unified Patent Court,\nwhichever is the later.
\nThe Presidency recalled the statement made on 30\nJanuary by the Heads of State or Government of the Member States\nparticipating in the enhanced cooperation for the creation of\nunitary patent protection in which they committed to reaching a\nfinal agreement on the last outstanding issue in the patent package\nin June 2012 at the latest.
\nThe Presidency highlighted the significant benefits\nthat the new system will provide to European companies in terms of\ninnovation potential, economic savings and legal certainty, and\ncommitted itself to striving to facilitate a final\ncompromise.
\nSeveral delegations and the Commission urged the\nfinalisation of a draft agreement by Member States for establishing\na Unified Patent Court.
\nLast December the Council and the Parliament reached a\nprovisional agreement on the two draft regulations implementing\nenhanced cooperation in the area of unitary patent protection (COD/2011/0093).
\nThe third pillar of the patent system, the creation\nof a Unified Patent Court that would judge patent litigation\ncases, is still pending final agreement on the seat of the\nCourt.
\nMinisters addressed the last outstanding issue in the\ndraft agreement for the creation of a Unified Patent Court, with a\nview to finalising the \"patent package\" without delay, with\na view to the European Council reaching a successful decision on\nthe matter at its meeting on 28-29 June 2012.
\nThe debate showed that further work was needed to\nreach consensus on the location of the Central Division of the\nCourt of First instance for the future unitary patent\njurisdiction.
\nThe debate followed the statement issued by the Heads\nof State or Government of the EU Member States participating in\nenhanced cooperation on the creation of unitary patent protection\nin which they made a commitment to reach a final agreement on the\nlast outstanding issue in the patent package in June 2012 at the\nlatest.
\nIn December 2011 the Council and the Parliament\nreached a provisional agreement on the two draft regulations\nimplementing enhanced cooperation in the area of unitary patent\nprotection (see also COD/2011/0093).
\nWith regard to the third\npillar of the patent system, the creation of a Unified Patent Court\nthat would judge patent litigation cases, final agreement on the\nseat of the Court is still pending.
\nThe European Parliament adopted by 481 votes to 152,\nwith 49 abstentions, in the framework of a special legislative\nprocedure (consultation of Parliament), a legislative resolution on\nthe proposal for a Council Regulation implementing enhanced\ncooperation in the area of the creation of unitary patent\nprotection with regard to the applicable translation\narrangements.
\nThe\nEuropean Parliament approves the Commissions proposal subject\nto the following amendments:
\nPurpose: the amendments\nstipulate that:
\nTranslation arrangements for the European patent with\nunitary effect: once available, the\nmachine translations of patent applications and specifications into\nall languages of the Union shall be made available online and\nfree of charge on publication of the patent application and of\nthe granted patent.
\nAfter the end of the transitional period referred to\nin the Regulation, the participating Member States shall, pursuant\nto Article 143 of the EPC, give the European Patent Office the task\nof publishing an additional full translation of the specification\ninto English, if such additional translation has been provided\nvoluntarily by the applicant. Such translation shall not be carried\nout by automated means.
\nDisputes: in the case of\na dispute relating to a European patent with unitary effect, the\npatent proprietor shall provide at the request and the choice of an\nalleged infringer, a full translation of the patent into an\nofficial language of the participating Member State in which either\nthe alleged infringement took place or in which the alleged\ninfringer is domiciled. Such translation shall not be carried\nout by automated means.
\nIn the case of a dispute concerning a claim for\ndamages, the court hearing the dispute shall take into\nconsideration whether, especially if it is a small or\nmedium-sized enterprise, a natural person, a non-profit\norganisation, a university or a public research organisation,\nthe alleged infringer has acted without knowing or having\nreasonable grounds to know that he was infringing the\npatent.
\nCompensation scheme: the\ncompensation scheme referred to in the Regulation shall be funded\nthrough the fees referred to in Regulation\non substantive provisions and shall be available only for small\nand medium-sized enterprises, natural persons, non profit\norganisations, universities and public research organisations\nhaving their residence or principal place of business within a\nMember State of the Union.
\nThe compensation scheme shall ensure full\nreimbursement of the translation costs up to a ceiling set in\nsuch a way as to reflect the average market price for translations\nand to avoid abuse.
\nEntry into force: the\nRegulation shall apply from 1 January 2014 or from the date\nof entry into force of the Agreement on a Unified Patent Court,\nwhichever is the later.
\nPURPOSE: creation\nof a uniform and simple translation regime for European patents\nwith unitary effect.
\nLEGISLATIVE ACT:\nCouncil Regulation (EU) No 1260/2012 implementing enhanced\ncooperation in the area of the creation of unitary patent\nprotection with regard to the applicable translation\narrangements.
\nCONTENT: two regulations (the present one and Regulation (EU) n°\n1257/2012) were adopted, with a view to implementing enhanced cooperation in\nthe area of the creation of unitary patent protection and the\napplicable translation arrangements.
\nBACKGROUND: on 10 March 2011, the Council adopted\nDecision 2011/167/EU\nauthorising enhanced cooperation between 25 countries - Belgium,\nBulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland,\nGreece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary,\nMalta, the Netherlands, Austria, Poland, Portugal, Romania,\nSlovenia, Slovakia, Finland, Sweden and the United Kingdom\n(\"participating Member States\") in the area of the creation of\nunitary patent protection.
\nOn 15 February, the European Parliament approved the\nestablishment of enhanced cooperation. The main obstacle to the\ncreation of unitary patent protection valid in 27 Member States is\nthe lack of unanimity on the choice of the language\nregime.
\nThis Regulation sets out the applicable translation\narrangements for unitary patent protection. The main elements are\nas follows:
\nTranslation arrangements: these are based on the linguistic regime of the\nEuropean Patent Office (EPO) responsible for issuing European\npatents, where the official languages are English, French and\nGerman. Those arrangements aim to achieve a balance between the\ninterests of economic operators and the public interest, in terms\nof the cost of proceedings and the availability of technical\ninformation.
\nWithout prejudice to transitional measures, where the\nspecification of a European patent, which benefits from unitary\neffect has been published in accordance with the Convention on the\nGrant of European Patents (EPC), no further translations shall\nbe required.
\nIn order to facilitate access to unitary patents, in\nparticular for SMEs, applicants will be able to file their patent\napplications in any official language of the Union.
\nTranslation in the event of a dispute: in the event of a dispute relating to an alleged\ninfringement of a European patent with unitary effect:
\nMachine translations: in\norder to promote the availability of patent information and the\ndissemination of technological knowledge, machine translations of\npatent applications and specifications into all official languages\nof the Union are being developed by the EPO.
\nDuring the transitional period, before a system of high quality machine translations\ninto all official languages of the Union becomes available, a\nrequest for unitary effect should be accompanied by:
\nGiven the state of technological development, the\nmaximum period for the development of high quality machine\ntranslations cannot be considered to exceed 12 years. Consequently,\nthe transitional period should lapse 12 years from the date of\napplication of this Regulation, unless it has been decided to\nterminate that period earlier.
\nENTRY INTO FORCE: 20/01/2013.
\nAPPLICATION: from 01/01/2014 or from the date of entry\ninto force of the Agreement on a Unified Patent Court, whichever is\nthe later.
\n