FFII Recommendation
Given the serious flaws with this procedure, and its critical importance for the EU's technological and economic future, we encourage all readers to make a formal complaint, on these grounds:
- For those whose languages are not adequately represented, we recommend you complain about the lack of accessibility.
- For those who are able to read the consultation documents, we recommend you complain on the basis that the questionnaire and supporting documents are too technical for the majority of affected people to understand, that the procedure appears strongly biased in favour of patent holders, and that serious flaws with the current system are not addressed at all.
- We believe that although there is no formal procedure for such consultations, this present consultation is severely lacking in democratic oversight and transparency, and that polite complaints, correctly addressed, will assist the Commission in improving their processes for this and future consultations.
Flaws With the Consultation Procedure
The consultation process on the Future of patents in Europe is seriously flawed:
The Questionnaire is only available in a limited number (3 at the Friday 3rd March) of all the 20 official languages of the EU: EN FR DE ES NL
The document Community patent - Common political approach is only available in 11 of the 20 official languages of the EU: EN FR DE IT ES SE PT FI DA NL EL
The document The 3 March 2003 Agreement on the Community patent reduces translation cost for patents in Europe by more than 50% is only available in 3 of the 20 official languages of the EU: EN FR DE
The document Draft Agreement on the establishment of a European patent litigation system is only available in 3 of the 20 official languages of the EU: EN FR DE
The document Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is only available in 11 of the 20 official languages of the EU: EN FR DE DA SV PT FI EL NL ES IT
Procedure for Making a Formal Complaint
1. The Commission
First, request missing documents, please contact Ms Grazyna PIESIEWICZ by email at grazyna.piesiewicz@cec.eu.int or by phone at +32.2.298.01.24.
The EU Commissioner for Communication Margot Wallström tries to improve citizen's involvement and consultation procedures. She currently runs an own consultation about your rights to information and communication. She also runs another consultation regarding a White Paper on a European Communication Policy.
2. The Ombudsman
If you do not receive the documents in your language, please file a complaint to the European Ombudsman.
3. Your MEP
Since the Community Patent is a stated "priority" of the European Union, you should inform your directly-elected representative in the European Parliament of any procedural problem regarding this "priority" project.
You may also want to file a petition to the European Parliament which will usually take about 6 month.
4. Your Responsible Minister
Since Ministers are responsible for handling patent law policy, they should be aware of any problem or difficulty for stakeholders of their country to communicate their views on patent policy at the European level.
5. Your National MP
Since Members of National Parliaments are responsible for exercising democratic control of the policy of their responsible Minister of patent law, they should be aware of any problem for stakeholders of their country to communicate their views on patent policy at the European level.
