European Parliament blocks patent agreement

The controversial European Patent Litigation Agreement (EPLA) has been declared illegal by the Legal Service of the European Parliament. It has said that the proposed EPLA directly contradicts existing European law and treaties.

The proposal for a European Patent Litigation Agreement would commit its signatory states to an integrated judicial system for patent disputes, including uniform rules of procedure and a common appeal court.

Backed by Internal Markets Commissioner Charlie McCreevy, the EPLA's European Patent Court would supercede national courts, and critics have argued that the court would take control of patent policy out of the hands of the elected European Parliament and put it into the hands of unelected officials. Critics worry that the EPLA could make software patents more common.

The European Parliament debated the agreement in October and though MEPs obtained concessions from McCreevy, they still failed to back the plan. They asked for it to be examined more closely amidst fears that the plan would make the awarding of patents less accountable and more expensive.

The Parliament asked its Legal Service to analyse how the EPLA would fit with existing rights, obligations, laws and treaties that make up the 'acquis communautaire', the essence of the European Union. The Legal Service advises the European Parliament on legal issues and also acts as its representatives in court actions.

The Legal Service concluded that not only do some of the provisions of the EPLA directly conflict with an existing EU Treaty, but that EU member states do not have the right to construct new agreements on matters already governed exclusively by the EU.