Sour relations could sting the software patent directive

By Anna McLauchlin

Date: 03/03/05

The European Parliament may sabotage the directive on the patentability of computer-related inventions in retaliation for being ignored by the European Commission, MEPs warn.

In a further snub to the Parliament, José Manuel Barroso turned down an invitation to hear the Parliament's leaders' opinion on the issue today (3 March). The invitation followed Barroso's decision to ignore Parliament's request to return the proposal to first reading and start the legislative procedure afresh.

Deputies say that the increasingly sour relationship between the two institutions could destroy the whole proposal, which would allow software creators to patent their inventions.

"I would not be surprised if we just reject the whole thing," said German Christian Democrat Rainer Wieland, a vice-chairman of the Parliament's legal affairs committee.

The Commission and the Council of Ministers' handling of the affair had, he said, failed to gain his sympathy. "What surprises me most is that the Commission's reaction gives the impression that it has not even noticed that there has been a swing in opinion in the Parliament," he said.

Polish Socialist Andrzej Jan Szejna, also a vice-chairman of the committee, agreed. "Some of my colleagues were expecting a more flexible approach from the Commission," he warned. "I don't think they will step back from their position."

Josep Borrell, president of the Parliament, and the chairmen of the political groups wrote a letter to Barroso on Tuesday (1 March), asking him to attend their meeting today in order to explain his decision not to follow the Parliament's request. But his spokeswoman said that the president would not be able to attend.

Barroso was already supposed to address this issue with the conference of presidents on Tuesday (8 March) in Strasbourg but MEPs believe that that might be too late.

The Council of Ministers is expected to put its common position on the agenda for formal approval at the Competitiveness Council on Monday (7 March) and there is now a majority of member states backing the text.

Spokesmen for delegations that had previously expressed doubts, including Poland, Latvia, Germany and the Netherlands, said they would vote in favour. Nicolas Schmit, deputy foreign minister of Luxembourg, said: "There are no indications that member states have doubts about this anymore and I believe that the common position will enjoy the necessary support to be adopted."

European Commission President, José Manuel Barroso, turned down an invitation to hear the European Parliament's leaders' opinion on the proposed Directive on the patentability of computer-implemented inventions on 3 March 2005. The invitation followed Barroso's decision to ignore Parliament's request to return the proposal to first reading and start the legislative procedure afresh.

The Council of Ministers is expected to put its common position on the agenda for formal approval at the Competitiveness Council on 7 March 2005. The majority of Member States are backing the text after delegations that previously expressed doubts, including Poland, Latvia, Germany and the Netherlands, said they would vote in favour.