WRITTEN QUESTION P-1556/02 by Pernille Frahm (GUE/NGL) to the Commission. Patentability of computer-implemented inventions.
Date: 2002-05-31
Institutions: European Parliament, Provisional data
Subjects: EU publication, European patent, patent, software

C 277 E/226

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/247)

WRITTEN QUESTION E-1538/02

by Karl-Heinz Florenz (PPE-DE) to the Commission

(3 June 2002)

Subject: Transposition into national

law of Directive 1999/44/EC on certain aspects of

the sale of

consumer goods and associated guarantees

As part of the transposition of Directive 1999/44/EC (1), the Act on the Reform of the Law of Obligations
(Schuldrechtsreformgesetz) came into force in Germany on 1 January 2002. During the legislative
procedure on the Act, the existing regulations on the sale of animals were deleted and not replaced.
Together with the stricter enforcement of limitation periods and the rules on the burden of proof, which
rests with businessmen, this has meant that animal vendors, particularly those classified as businessmen
under § 14 of the German Civil Code, are faced with problems threatening their survival. It has been
claimed that the production of evidence for the defence, in line with § 476 of the German Civil Code, is
made particularly difficult if the fault arises as a result of incorrect treatment of 1 or excessive demands on
the animal. Nevertheless, the German legislation has provided for no special provisions concerning the sale
of animals.

Which Member States, apart from Germany, have already transposed Directive 1999/44/EC?

With regard to the rules governing limitation periods and the burden of proof, have these Member States
adopted special provisions concerning the sale of animals?

(1) OJ L 171, 7.7.1999, p. 12.

Answer given by Mr Byrne on behalf of the Commission

(23 July 2002)

from Germany currently (6 June 2002) Denmark,

Apart
Italy, Austria and Finland have transposed
Directive 1999/44/EC of the Parliament and of the Council of 25 May 1999 on certain aspects of the sale
of consumer goods and associated guarantees, in their national law and have communicated the wording
of this transposing legislation to the Commission (Article 11 of the Directive).

In the relevant transposing provisions of the named Member States, no special clauses can be found that
concern the sale of animals to consumers.

(2002/C 277 E/248)

WRITTEN QUESTION P-1556/02

by Pernille Frahm (GUE/NGL) to the Commission

Subject: Patentability of computer-implemented inventions

(31 May 2002)

Will the Commission state which firms submitted the responses to the consultation on the Green Paper on
the patentability of computer-implemented inventions which have led it to be guided in its proposal for a
directive by the interests of big business, instead of those of the very many users and small businesses,
which, for example, did not wish to see the patenting of open source? Can it also explain why business
interests have been given priority over consumer interests?

Answer given by Mr Bolkestein on behalf of the Commission

(24 June 2002)

The Commission has received a great number of submissions on the subject of the patentability of
computer-implemented inventions since the publication of the 1997 Green Paper on the Patent System in
Europe (1). These originated from individuals, companies of all sizes, practitioners and industry associations.
These submissions were all taken into account by the Commission in coming to its decision to propose a
directive.

14.11.2002

EN

Official Journal of the European Communities

C 277 E/227

The approach taken by the proposal is to harmonise the law in this area but not to enlarge the scope of
what can currently be patented under the European Patent Convention and national laws. The proposal is
not intended to favour any one particular grouping over any other. Everybody, whether they be patentees
or users of potentially patented technology, should benefit from the greater legal certainty brought about
by the harmonisation.

(1) COM(97) 314 final.

(2002/C 277 E/249)

WRITTEN QUESTION E-1572/02

by Reimer Böge (PPE-DE) to the Commission

(4 June 2002)

Subject: Registration of alternative remedies in veterinary medicine

There is a growing interest among both breeders and consumers in the use of homeopathy and other
farm animals, particularly those used for food. Given the
alternative therapies in the keeping of
increasingly criticised use of antibiotics, etc.,
this trend is to be welcomed. However, veterinary
practitioners have complained that, under Directive 92/74/EEC (1) of 22 September 1992, the simplified
registration of homeopathic remedies for farm animals is no longer admissible and that plant-based
remedies must even go through the entire registration procedure.

What is the Commission’s opinion of the experiences with the registration procedure under Directive 92/
74/EEC?

Does it believe that it is possible to simplify the registration procedure for alternative remedies in the field
of veterinary medicine?

(1) OJ L 297, 13.10.1992, p. 12.

Answer given by Mr Liikanen on behalf of the Commission

(27 June 2002)

The functioning of the two simplified registration procedures for human and veterinary homeopathic
medicinal products, which were established in 1992 by Council Directives 92/73/EEC and 92/74/EEC of
22 September 1992, has been analysed and evaluated in the Commission Report to the Parliament and
Council on the Application of Directive 92/73/EEC and 92/74/EEC of 14 July 1997 (1). This analysis was
based on an in-depth study on the application of both Directives in the human and the veterinary sector,
performed by independent consultants. The report concludes that the two Directives have contributed to
achieve a certain, but not yet satisfying degree of harmonisation. In order to prepare possible legislative
amendments, the report invited the Parliament and the Council to express their views on certain issues like
the scope of the simplified registration procedure or the obligation to mutually recognise registrations
granted by other Member States.

Taking into account such views, the Commission does see the possibility to improve the registration
procedure for homeopathic medicinal products. The Commission’s proposal to review the Community’s
pharmaceutical legislation (2) of 26 November 2001 contains a number of amendments, that relate to the
registration of human and veterinary homeopathic medicinal products.
It is proposed to oblige the
Member States to establish a simplified registration procedure, whereas at present it is an option only.
Furthermore, the scope of the simplified registration procedure is widened in so far as the strict limitation
to non-food producing animals is deleted, referring however to the provisions of Council Regulation (EEC)
No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum