Finally, an EU patent?

Progress on an EU-wide patent has been difficult for many a presidency of the Council of Ministers, but things should be different for Poland,

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Poland has made plain that it sees the development of the single market as a cornerstone of its presidency, but substantial obstacles lie in wait. 

It has selected its priorities based either on legislation already being discussed or on European Commission proposals to come this autumn.

At the heart of its programme is a determination to make progress with an EU unitary patent, an idea that the past two presidencies – Belgium and Hungary – have managed to push forward after years of deadlock. The proposal will go ahead without the support of Spain and Italy, which object to what they see as discrimination against their languages in the way that the patent regime has been designed.

Two related pieces of legislation should not pose too great a problem for Polish negotiators, one dealing with patent registration (this needs the backing of the European Parliament and of a qualified majority of the 25 co-operating member states), the other with translation arrangements (for this, Poland needs the unanimous agreement of the 25 member states, after consultation with the Parliament).

However, a plan to create a European patent court, which Polish officials want to treat within the same package of legislation, could prove more complicated.

Single market

Following the Commission’s launch of the single market act in April, Polish officials are determined to use upcoming proposals to illustrate their seriousness in making Europe more business-friendly. They want to make headway on legislation on orphan works (a work that is in copyright but whose rights-holder cannot be traced), on audio-visual works and on copyright licensing and collecting societies.

Poland also wants to float ideas on other ways to promote cross-border trade, such as the introduction of EU-wide e-signatures, and it will make moves towards the establishment of an EU register of companies.

But promoting each of these ideas will require a great deal of work, given current differences in opinion across the member states. That is true also of a proposal for an optional EU-wide contract law, on which Poland will – with enthusiasm – begin talks later this year.