Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-014"
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"en.20050705.6.2-014"2
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".
Mr President, I would like to start by extending warm thanks not only to our rapporteur, Mr Rocard, but also to Mrs McCarthy, who was our rapporteur at first reading stage, for both of them have done a very good job of guiding us to where we now are in this very difficult legislative process.
I was able to follow the proceedings from the very beginning, and none of the things that have gone on in relation to this draft directive on computer-implemented inventions can be described as everyday legislative work at European Union level. We have all experienced the sort of lobbying that one either finds intolerable or can regard as democracy in action, along with a lot of people assuring us that they, like we, want to see a high degree of willingness to be innovative on the part of European businesses. Despite this, there is scarcely one single definite form of words on which we have agreed.
We have just been presented with further confirmation of the fact that the Commission’s stance is extremely inflexible and that the Council’s Common Position is not in fact common to all its members. The longer we give this matter our attention, and the greater the depth in which we do so, the greater the clarity with which two things become apparent. Legislation has its limits, and I am sure that with this draft we have come up against them. Either we want to create clear and unambiguous definitions and rules for implementation, in which case there is the danger of us not going far enough and hence leaving no room for future developments, or we leave room for negotiation, and so legal certainty and legislative consistency lose out. In the normal way of things, such a conflict would be resolved by way of a legal system that worked and gave everyone, whether small or large, a more or less fair chance of legal protection and scrutiny. It is an unfortunate fact that we, in Europe, cannot take that for granted. It may be that we need, even more urgently than this directive, a truly European patent system and a working system of legal protection at European level that allows equal access to all, whether small or large.
This evening will see my group determining its final position, and I can at any rate assure you that we are very much of one mind in backing the amendments that our rapporteur, Mr Rocard, has tabled."@en1
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