Source: EURLEX
Language: en
Format: md

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| 8.4.2004 | EN | Official Journal of the European Union | CE 88/573 |

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(2004/C 88 E/0585)

WRITTEN QUESTION P-1141/04

by Göran Färm (PSE) to the Commission

(6 April 2004)

Subject:   European patent rights in the USA

Some years ago I drew the Commission's attention to the systematic protectionism practised in the American legal system, which unfortunately still persists. Several cases brought by European researchers and inventors before US courts in defence of their patent rights have been obstructed, more or less openly, by those courts. This may be a breach of the TRIPS agreement, to which the USA is a signatory and which guarantees foreign patent holders the right to bring proceedings before the signatories' courts. The case which the Swedish inventor, Dr Håkan Lans, is still forced to pursue in the US courts after several years is a clear example of the US protectionism referred to above. Is the Commission prepared to take up Dr Lan's case with the US Administration as a warning and a clear indication that the EU will not tolerate such discrimination?

Answer given by Mr Lamy on behalf of the Commission

(27 April 2004)

The Commission makes extensive efforts to closely monitor the conduct of its trading partners to ensure their compliance with the stipulations of the TRIPS Agreement.

Regarding the unfortunate circumstances faced by the Swedish inventor Dr Håkan Lans, the Commission has undertaken a thorough evaluation of the issues involved in the case in conjunction with Dr Lans himself. Unfortunately, the conclusion that has been reached is that there are no viable legal avenues that could be pursued in the area of trade policy in this instance.

Obviously, the Commission will thoroughly investigate any other cases brought to its attention which would call into question the way that the United States' legal system treats European researchers' and inventors' patent rights pursuant to the TRIPS Agreement.

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