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On 27 April 2023, the Commission submitted its proposal for a regulation on standard essential patents (SEPs). During its second February 2024 plenary session, Parliament is to vote on the report adopted by its Committee on Legal Affairs. This would set Parliament's position for trilogue negotiations with the Council on the proposal.

The IA substantiates its findings with references to several sources, in particular the Commission's consultation activities to prepare the IA. The specific objectives presented correspond to the problems and the problem drivers identified in the IA. Overall, the IA provides a sufficient and balanced description of the options, including detailed schemes describing the procedural steps envisaged under each option and taking into consideration the views and concerns of stakeholders. The assessment ...

The problem definition appears to be well supported by evidence. The impact assessment provides a sufficient range and description of the options. However, the five options are cumulative; it is questionable whether they fully qualify as alternative options under the Better Regulation Guidelines. The assessment of the options' impacts (economic, social, environmental, fundamental rights) is qualitative and quantitative. It appears to be based on sound research and analysis, with clear acknowledgement ...

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. The report examines the principles identified in the Communication with respect to the Commission’s proposals on (i) increasing transparency on SEPs; (ii) determining valuation of SEPs( Standard Essential Patents ...

The European Patent Office - State of Play

Detaljna analiza 15-04-2015

On invitation of its president, the JURI Committee, on 4-5 May 2015 has visited the European Patent Offices seat in Munich and discussed the state of play of implementation of the new unitary patent, ethical questions of patentability, as well as technical issues deriving from the new challenges after the agreement on a European unitary Patent and in view of ongoing negotiations on international trade partnership agreements. This In–Depth analysis gives some background information on the economic ...

This report summarises the presentations and discussions at the Workshop on Stem Cell Research and Patenting, held at the European Parliament in Brussels, on Monday 19 March 2012. The aim of the workshop was to better understand the scientific and legal issues surrounding stem cell research and patenting, in particular to improve awareness about the recent judgement of the Court of Justice of the European Union. The workshop was co-chaired by MEPs Glenis Willmott and Alojz Peterle.

This study examines how European optional instruments are implemented in the Member States. It covers civil law and provides a comprehensive analysis of this innovative method, which although adopted in various fields (civil procedure, intellectual property, companies), was not organised or even clearly identified as such by the European legislator until a proposal for a regulation on a Common European Sales Law (11 October 2011) revealed its full potential. The study, which is based on field surveys ...

The European Parliament has been working towards building a discussion platform and a resource for further policy actions in the field of intellectual property rights. The Science and Technology Options Assessment Panel has set the goal of further enlarging the area of investigation in light of recent policy developments at the European level. In particular, the current study covers current policy issues in the governance of the European patent system, such as the backlog issue, the enhancement of ...

This report is based on an independent, policy-oriented investigation of the current European patent system. The central premise of the report is that the patent system has so far been a positive factor in promoting innovation and the diffusion of knowledge, and thus that the system is contributing in a constructive way to economic and social welfare objectives. In acknowledging the importance of the patent system in relation to many aspects of society, it is also essential to continually evaluate ...

Study on the desirability of EC level legislation in the area of software patents. It is based on a comparative analysis of the present state of the law, and the advantages and disadvantages appearing from current practice in the EC Member States, the United States and Japan. While its principal focus is on software patents, the study also includes commentary on the patenting of 'business methods', as patents in this area are closely related to software patents. It has also considered the proposal ...