WRITTEN QUESTION P-0959/02 by Astrid Thors (ELDR) to the Commission. Researchers' right to inventions.
Date: 2002-04-03
Institutions: European Parliament, Provisional data
Subjects: European patent, drafting of EU law, intellectual property, patent law, research staff, university

26.9.2002

EN

Official Journal of the European Communities

C 229 E/165

(2002/C 229 E/191)

WRITTEN QUESTION P-0959/02

by Astrid Thors (ELDR) to the Commission

(3 April 2002)

Subject: Researchers’ right to inventions

A constant source of complaint from the Commission is the low number of applications for patents in
Europe compared with the USA. The Community patent has been vaunted as a remedy even though it
probably does not promote European inventions particularly. A more compelling reason for fewer patents
may be the rules on the right to inventions made at universities. In the USA, it is the universities which
hold the right to inventions;
it is the researchers. Often, however, they lack the financial
resources and knowledge of the law to exploit inventions. This issue has been touched on in some of the
Commission’s most recent documents on innovation and biotechnology.

in Europe,

Has the Commission carried out any comparative study of university researchers’ exploitation of their
inventions? How different is the legislation in the various countries? Does the Commission intend to take
any measures, within its sphere of competence, in this area? How many countries are in the process of
reviewing this matter? (Germany?).

Answer given by Mr Busquin on behalf of the Commission

(14 May 2002)

The lower European propensity to patent compared to the United States results from several factors.

Several on-going or planned actions can contribute to addressing this issue:

2 introduction of the Community patent: the high cost of patenting and the low legal certainty resulting
from the fragmentation of the patent systems available in Europe, affects also universities who want to
protect the results of their research. The Commission’s proposal for a Community patent Regulation (1)
meets these concerns. Its timely adoption will lower costs and offer higher legal certainty throughout
the Union. This instrument will make it easier for universities to protect and transfer their results and
to create spin-offs;

2 intellectual property regimes applicable to publicly funded research. It is correct that in the United
States, the Bayh-Dole Act (and other factors) have led to a significant increase of the patenting and
licensing activity of American universities since 1980 on. In many Member States, inventions made by
researchers in universities do also belong to their institution. Several Member States (including
Germany) have recently changed their laws to this end, or are considering such changes. Other
Member States (e.g. France) have identified recommendations relating to the management of
intellectual property by universities. In addition, a number of differences subsist across the Union as
regards, for instance, ownership of university-generated and employee inventions, which may hamper
technology transfers.
cross-border Research and Technological Development collaborations or
Accordingly,
the Commission recently initiated a study to analyse intellectual property regimes
applicable to publicly-funded research within the Union, with a view to identifying best practices. In
the light of the results of the study, the Commission will determine the appropriate actions that can
promote the coherence of these regimes at European level. In addition, the Commission is closely
following up relevant
carried out by the Association of European
Science & Technology Transfer Professionals (ASTP) and the Organisation for Economic Co-operation
and Development (OECD) on the patenting and licensing activities of universities and public research
centres;

and analyses

surveys

2 insufficient awareness, skills and assistance,

in many universities, relating to intellectual property
systems and their proper use. Actions to address these problems are taken by most Member States and
by the Commission,
including the ‘Intellectual Property Research and Technological Development
(IPR)-Helpdesk’ (http://www.ipr-helpdesk.org) and a network bringing together the technology transfer
offices of most European universities (‘Proton’).

C 229 E/166

Official Journal of the European Communities

EN

26.9.2002

In conclusion, European universities have a central role to play in the creation of the European Research
Area. But this will also require them to manage knowledge,
intellectual property and relations with
industry in a more strategic way, and to acquire a more entrepreneurial mindset. This evolution is essential
for publicly funded research to result in socio-economic benefits.

(1) OJ C 337 E, 28.11.2000.

(2002/C 229 E/192)

WRITTEN QUESTION P-0960/02

by Bernd Lange (PSE) to the Commission

(3 April 2002)

Subject: Regulation (EEC) 2092/91 2 transitional periods for organically produced seeds

Article 6(1) of Regulation (EEC)2092/91 states that only seeds produced organically may be used in organic
farming. The transitional period stipulated in Article 6(3) is due to expire on 31.12.2003.

However,
it is extremely unlikely that adequate amounts of organically produced vegetable seeds of a
sufficiently high quality will be available on the market after 31.12.2003. As regards biannual vegetables, it
is also extremely doubtful whether organically produced seeds will ever be ready for marketing. Producers
of organic vegetables are therefore afraid that they will be driven out of business.

How does the Commission view this situation, and how does it intend to react?

Answer given by Mr Fischler on behalf of the Commission

(25 April 2002)

Article 6(1) of Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of
agricultural products and indications referring thereto on agricultural products and foodstuffs (1), as last
amended by Commission Regulation (EC) No 473/2002 of 15 March 2002 (2) states that only seeds
produced organically may be used in organic farming. During a transitional period stipulated in
Article 6(3) it is however possible to use seed from non-organic farming if it is not possible to obtain on
the market seeds of an appropriate variety and satisfying the requirements for organic farming. The
transitional period is due to expire on 31 December 2003.

The Commission finds that
is an important principle in organic farming to use seed produced
organically. However the Commission is aware, that for most species grown in the Community, there are
no adequate amounts of organically produced seeds available.

it

Article 6(3)(b) of Regulation (EEC) 2092/91 provides for the possibility for the Commission to maintain the
possibility of using seed not produced organically and at the same time to introduce restrictions on the
conditions for getting derogations to use such seed.

The Commission is therefore now preparing a proposal, which will stimulate the market for organically
produced seed and at the same time will prevent situations where farmers can not obtain any appropriate
seeds.

(1) OJ L 198, 22.7.1991.
(2) OJ L 75, 16.3.2002.