Oireachtas Joint and Select Committees

Wednesday, 6 November 2013

Joint Oireachtas Committee on Justice, Defence and Equality

Scrutiny of EU Legislative Proposals

2:10 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

At the moment, somebody may have to register a patent in each of the different EU member states. Under these proposals, there will be a unitary system and a person will effectively be able to register the patent in what will be the EU Patent Office. First, it will be done more quickly. Second, there is no duplication of paperwork. Third, it is much cheaper.

The patents package will have four major advantages. The first two are costs and administration. It creates a unitary patent with a unit form protection, so it will be across the 25 member states that are participating in it. The unitary patent will be available in the one-stop shop at an affordable cost, granted by the European Patent Office, with no further need for validation or translation. It will create a unified and specialised patent court for participating member states, which is the big issue around the holding of a referendum. This single jurisdiction for patent matters will enhance legal certainty. It obviates the possibility of different courts in different jurisdictions reaching different conclusions in this area. There will no longer be a need to take individual court proceedings across patent countries. If there is an allegation of a breach of a patent at the moment in more than one EU country, one could find oneself engaged in a multiplicity of litigation. The new system would bring that possibility to an end. It would also ensure that patent information is available in all the official languages of the European Union though computer translation. The information would be available online and be free of charge.

If we are talking about doing business in Europe and about the major multinational companies in this country engaged in research and development, then instead of having to register their patent in Ireland, in England, in France, in Italy and so on, they will register it with the European Patent Office and upon registration, that patent is effective in 25 different EU member states. There are huge savings to businesses, as I pointed out in my speech. The variation in estimates is enormous, but common sense indicates that there will be substantial savings. Due to its nature, it will be a lot speedier.

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