Proposal for a Council Regulation on the Community Patent

ICC has concluded that the European Commission's Proposal for a Council Directive for a Community patent generally satisfies the four main criteria for a Community Patent system to be acceptable to business.

These criteria are:

1. co-existence with existing patent systems;
2. low cost for obtaining and maintaining Community Patents;
3. a supervisory body independent of the European Patent Office to supervise the Community Patent system administered by the European Patent Office; and most importantly;
4. fully satisfactory litigation arrangements.

ICC stresses however that the system as adopted by the Council of Ministers may prove unacceptable to business if too many compromises are made during the negotiations; in that case, business may not use the system to any significant degree.