Memorandum by the Department for Innovation
Universities and Skills
1. The main submission from the Department
for Innovation Universities and Skills (DIUS) has been made to
Sub-Committee G (Employment and Social Affairs), but a part of
DIUS responsibilities fall in the area of Sub-Committee B (Issues
Affecting the Internal Market). This submission covers Intellectual
Property Rights, Research and Technological Developments and Space.
Intellectual Property
What are the implications of article 97A which
provides for the creation of European intellectual property rights
and the establishment of arrangements for the authorisation and
monitoring of such rights?
2. Article 97A will allow new European (ie
European Union) intellectual property rights to be created using
qualified majority voting and codecision. European Union (currently
"Community") intellectual property rights can be created
under Article 308 EC, which requires unanimity and the consultation
procedure. This was the legal basis for the Community Trade Mark
and Community Design Systems, including arrangements for administering
them. However, there is no direct read across to the existing
"European" patent system under the Munich Convention
of 1973. This is an intergovernmental arrangement outside the
EU, which allows for patents to be granted centrally with effect
as national patents for specific states.
3. Article 97A provides that language arrangements
for European intellectual property rights will continue to require
unanimous voting.
4. Article 97A may become relevant to the
future work programme of the Commission in following up the Communication:
Enhancing the patent system in Europe (Doc 8302/07), in so far
as that involves work on the community patent besides the patent
litigation system.
Research and technological developments
5. The Treaty seeks to strengthen the development
of a European Research Area in which ideas and researchers can
flow easily across national boundaries. The UK favours the strengthening
of research at EU level though eg the Seventh Framework Programme
and the establishment of the European Research Council. The UK
will manage carefully those new Treaty provisions which provide
for wider legislative action in relation to the mobility of research
and researchers.
Space
6. Article 172a refers to Space activities.
The Government is not aware of, and does not anticipate, any significant
changes in policy as a result of the inclusion of this text in
the Reform Treaty, which will specify that EU legislation on space
policy shall not entail the harmonisation of Member States' legislation
on space. A Framework Agreement between the EU and European Space
Agency (ESA) was agreed in October 2003; the European Space Policy
was submitted to a joint EU/ESA Space Council in May 2007; a European
Space Programme and Implementation Plan are being drawn up and
there is a specific space theme in the Framework Programme.
7. The collaboration between the EU and
ESA offers promise, and the Government is working hard to make
a success of the two European flagship projects, Global Monitoring
Environment and Security (GMES) and Galileo.
14 December 2007
| 
