Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-232"
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"en.20060613.27.2-232"2
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".
In its vote of 6 July 2005, Parliament rejected the Council common position on the directive on computer-implemented inventions, which implies rejection of the proposed directive. As a result, there are no Community legal texts which will regulate this issue.
The vote and the far-reaching debate which preceded it demonstrated that the time was not ripe for a meaningful piece of legislation to be adopted on this issue. Therefore, a new proposal dealing specifically with the patentability of computer-implemented inventions would not be desirable. As a consequence, the legal framework applicable to computer-implemented inventions in Europe remains Article 52 of the European Patent Convention, which excludes computer programs as such from patentability.
Earlier this year, the Commission’s Directorate-General for the Internal Market and Services launched a broad consultation of all interested parties on the future patent policy in Europe, with a particular focus on the structure of the European patent system. The deadline for the consultation was 12 April 2006, and preliminary findings will be discussed with stakeholders at the hearing in Brussels on 12 July 2006. Consultation is intended to ensure that any further possible action in the area of EU patents policy takes account of all stakeholders’ needs without discrimination. Parliament will be duly informed of the results of this consultation.
One of the options presented to stakeholders refers to the Commission’s proposal for Community patent regulation. The Commission would like to point out that its possible adoption will not alter the substantive rules governing patentability which are set out in the EPC and would not extend patentability to software as such. Moreover, the new jurisdiction of the European Court of Justice would improve the safeguards against the grant of patents in error to a computer program.
Therefore, the Commission does not intend to present a new proposal along the lines of the rejected common position on CII."@en1
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