As I explained in my previous blog entry, EU internal market commissioner Charlie McCreevy is going to announce pretty soon that he wants to help to get the European Patent Litigation Agreement (EPLA) ratified. The EPLA is a new attempt to make software and business method patents more enforceable in Europe, and beyond that effect, it would generally encourage certain types of patent holders to litigate.
But there’s a technical problem (”technical” in terms of “legally technical”): The European Commission’s legal services say the EPLA is a so-called “mixed agreement” that the member states of the EU cannot conclude on their own: they need the EU involved. To be very precise, it’s not the EU (European Union), but the EC (European Community, formerly called European Economic Community) that has to do this. However, for the …
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