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    Response to the European Commission questionnaire on the patent system in Europe

    Prepared by the ICC commission on : Intellectual Property
    Publication date : 11/04/2006 | Document Number : 450/1013

    Most ICC members rely on a range of intellectual property rights to protect their innovations and creations including copyrights, trade secrets, trademarks and patents.

    Each serves distinct and important purposes. Overall, the intellectual property system benefits society as a whole, ensuring that the needs of both the creator and the user are satisfied. Intellectual property rights usually allow the creator or inventor to commercially exploit his/her work exclusively for a limited period of time. In return for granting such rights, society benefits in a number of ways including through the sharing of technological information by means of public disclosure of patent information.

    Intellectual property rights, including patents, contribute to society by maintaining competition and encouraging the production of a wide range of quality goods and services, underpinning economic growth and employment, promoting technological and cultural advances and enriching the pool of public knowledge and culture.

    Ultimately, intellectual property rights (IPRs) - and in particular patents - are key to translating inventions into commercially successful ventures thereby enhancing competitiveness. IPRs are the linchpin to the process of innovation and are key to building a better future based on the knowledge economy, in Europe and elsewhere.

    A radical overhaul of the patent system based on the European Patent Convention is unnecessary as the present system works well. In this regard, the rules of the European Patent Convention— supplemented by those of the Strasbourg Convention on Unification of Certain Points of Substantive Law on Patents for Invention (Strasbourg Convention) — provide a clear, harmonized and balanced patent framework that promotes innovation and competition.

    However, the lack of a common patent court system add costs and creates uncertainty, impeding innovation. The cost of obtaining patent protection in Europe, including translation costs, makes it difficult for small innovators to participate fully in the patent system.

    Accordingly, reducing translation costs for patent owners and establishing a European patent

    litigation system such as that proposed in the European Patent Litigation Agreement (EPLA)

    should be a key priority.

    A revisiting of substantive patent law—whether through a horizontal harmonization effort or in the context of the Community patent—is not warranted.