Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-066"

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". Mr President, those of you who have been directly involved in working on this proposal know that we are dealing with a very complex area. The directive cannot be turned on its head. What we need is a proper balance between stimulating innovation and making sure competition is not stifled. As Commissioner McCreevy said in his statement of March 2005, the ball is in your court. Whatever you decide, the Commission will take account of it and respect it. Should you decide to reject the common position, the Commission will not submit a new proposal. You should also remember that rejection would stand in the way of many European undertakings and go against our common Lisbon objectives of increasing Europe’s competitiveness. In the debate, various Members have raised the question of interoperability. On that issue the Commission maintains a certain degree of flexibility. Compulsory licensing schemes already exist in Member States’ legislation. It is a suitable solution, provided that non-discrimination between different software development models, ‘proprietary’ or ‘open source’, is ensured. Companies should be motivated to licence voluntarily. However, if rightholders abuse their rights by imposing unreasonable conditions, authorities should step in to ensure fair terms are applied. A limited interoperability exception, geared towards the promotion of open standards, could also constitute a sound approach, provided that international obligations are respected. Various Members also raised the question of copyright. Let me clarify that by pointing out that copyright is a separate and different right from patents. Copyright and patents protect different aspects of something which is new and original. So patents do not affect the existence of copyright. Copyright protects the expression of an idea, but it does not protect any invention and copyright protection does not prevent someone taking an invention and expressing it in a different way. With regard to small and medium-sized businesses and their access to the patent system, I should draw attention to two aspects. First, Members will be aware of the Commission’s proposals for a Community patent which would reduce the costs of patent protection throughout the European Union. Secondly, we have had a feasibility study done on the question of insurance against the costs of patent litigation. This study is now in a second phase and consultants have been asked to come up with concrete proposals. In view of the large number of amendments tabled, we are providing the secretariat with an overview of the Commission’s position on them in writing for inclusion in the verbatim report of this debate. Finally, I hope that the vote will result in a positive outcome. However, should further work be needed to reach agreement with the Council, the Commission stands ready to assist both co-legislators towards reaching a constructive outcome."@en1
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