France wants Community jurisdiction over European patent

France, supported by several other EU Member States, has said it wishes the future European patent to come under Community jurisdiction, rejecting a previous proposal from Brussels to create jurisdiction between governments.

At a meeting of the European Ministers responsible for industry, French Industry Minister Francois Loos expressed his preference for a system involving the Court of Justice of the European Communities (CJEC) to examine the conflicts linked to a future European patent.

The community patent has been under discussion for 20 years, but the project has been paralysed due to divergence between member states, in particular on aspects of translation and responsibility for jurisdiction.

The European Commission, which had previously announced that there would be proposals before the end of 2006, will have to review its copy to take into account the positions of approximately 10 states who support the French position.

The European Commissioner responsible for the internal market, Charlie McCreevy, suggested this year that the 25 member states should ratify the European Patent Litigation Agreement (EPLA), which provides for the creation of a single jurisdiction for the European States and which would go beyond the EU members alone.

Several countries, in particular the UK and the Netherlands, are in favour of the EPLA, considering that the companies will gain in terms of costs and speed. France, however, supported by Italy, Spain, Portugal, Greece, Ireland and Luxembourg, does not want the EPLA, preferring a jurisdiction proper to the Community which would, it believes, provide increased legal security.

The system desired by France provides for the creation of jurisdictions at national level that would rule in first instance, with the possibility of appeal with the CJEC.

In the absence of agreement between the member states, the situation is at a standstill. Germany has said that it will put the matter on the table when it assumes the EU presidency in the first half of 2007.

Currently, companies must submit patent applications in each member state, which ends up being expensive, particularly where there are legal disputes. The average cost of a patent in Europe is e31,600, 22% of which is for translation expenses, according to data from the European Patent Office, a body which is not part of the European Union.