Patent package

Key points

The EESC:

• welcomes the European Commission's plans to take action on supplementary protection certificates (SPCs), and specifically the plan to create a novel centralised SPC for European patents with unitary effect (unitary patents, UPs). These are key for establishing a more harmonised patent system within the EU;
• believes that the proposal for a centralised Standard Essential Patents (SEPs) system has the potential to effectively promote transparency and predictability in SEPs. However, creating appropriate processes and administration for establishing the essentiality and the FRAND terms and conditions for a given SEP will be a major challenge for this project due to its technical and legal complexity. The EESC therefore requests that the Commission further investigate the project, and consider further involving experts and competent authorities, including the Unified Patent Court (UPC);
• is of the opinion that it is relevant and paramount that the patent system provides a system for Compulsory Licensing (CL) which is transparent and fair to all stakeholders (the rights holders, the potential licensees and the public), and safeguards fundamental rights. The present proposal does not fulfil these criteria: it neither complies with the European Convention on Human Rights (ECHR), nor with the minimum standards required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs-Agreement)^[1];
• recommends that establishing CLCMs for European and unity patents be dealt with by a court that is also technically competent, such as the UPC, on the basis of a transparent legal and procedural framework.

[1]            Processes must guarantee a fair trial, including the right to an effective remedy (Articles 6 and 13 ECHR; Articles 42 and 59 TRIPs).

For more information please contact the INT Section Secretariat.