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- From: Hartmut Pilch <phm@a2e.de>
- To: intprop-l@topica.com
- Cc: xdrudis@tinet.org, <patents@aful.org>
- Subject: Re: [Patents] Re: more misinformation from McCarthy
- Date: Wed, 18 Jun 2003 21:25:21 +0200 (CEST)
> > If the inter-state approach wasn't good enough and supreme caselaw
> > authority was needed, the EU could simply regulate that Art 52-57 EPC
> > are EU law and put the ECJ in charge, couldn't it?
>
> I am afraid this is precisely what's not possible under EU law without
> enacting a
> Directive.
MEP Manders proposed to do it with a regulation.
Whether directive or regulation, why wouldn't it be enough to simply refer
to the existing provisions of the EPC, e.g.
Article 1
Member States shall ensure that patents are granted according to
the rules of Art 52-57 EPC
?
> And what you describe is precisley what the Directive aims to do,
> isnt'it?
Perhaps what is says it aims to do. Not what it really aims to do,
nor what it really does.
--
Hartmut Pilch, FFII & Eurolinux Alliance tel. +49-89-18979927
Protecting Innovation against Patent Inflation http://swpat.ffii.org/
145,000 votes 400 firms against software patents http://noepatents.org/
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