Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-061"
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"en.20050705.6.2-061"2
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"Mr President, Commissioner, ladies and gentlemen, do these two hours of debate give anyone the impression that we have a Common Position that is any use, one that we can adopt? Does this debate give anyone the impression that this thorny issue has been sufficiently debated, that the time is ripe to vote on it, that we can muster the necessary qualified majority for a ‘yes’ to it or to the plethora of amendments? I do not believe that they do, and there is a reason why they do not.
The first reading was held on 24 September 2004, only to be ignored outright by the Council in its political agreement. Mrs Kauppi’s comment on the Council resolution was that ‘it seemed as if the Council wanted to disregard the will of Europe’s elected legislators’. The Council is itself unsure. On 21 December, at Poland’s request, the vote was dropped from the agenda. The German, Spanish and Dutch parliaments have expressed their opposition to the directive as proposed. Votes have been deferred for longer and longer periods of time.
The European Parliament called on the Commission to produce a new proposal for first reading. The Committee on Legal Affairs, the Conference of Presidents, and the plenary itself adopted resolutions to this effect.
What was the Council’s response? It ordered that there be no debate, declaring that it was of the first importance that there be none. Controversial though it was, and even though the Treaty of Nice was in force, the political agreement was simply adopted. The consequence of that is a lack of satisfaction and 178 amendments on the table of this House.
This Common Position contains things that I could enumerate point by point, and which are mentioned in the amendments, and they lead me to take the view that it does not make for legal certainty, fails to foster innovation, and frightens small businesses. We would therefore do well, tomorrow, to reject the Common Position and put all our efforts into harmonising European patent law, rather than adopting, and making do with, regulations that are controversial within the industry in question."@en1
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