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House of Lords
Session 1997-98
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European Communities Committee Reports

European Communities - Twenty-Sixth Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords to be printed 9 June 1998.


CONTENTS

REPORT
Paragraph
PART 1 INTRODUCTION
1
PART 2 ISSUES AND EVIDENCE
8
    The value of patents to United Kingdom industry
8
    The present European patent system
13
    Potential advantages and disadvantages of a Community patent
18
    Defects in the Community patent system in the Luxembourg Convention
22
      (a) Translation Costs
23
      (b) Judicial Arrangements
41
Basic Structure
50
    Relationship with existing Community Courts
53
    Staffing, workload, costs
55
      (c) Other Defects
57
        (i) Exhaustion of rights
57
        (ii) Compulsory Licensing
59
        (iii)Prior Use
60
        (iv) Renewal Fees
61
    Further action—the choice of legal instrument—Convention or Regulation
63
    The implications for the development of patent laws and policy at national and international level
67
    Relationship between any Community instrument and the European Patent Convention
71
PART 3 OPINION
74
    Language/translations
78
    Judicial arrangements
85
    Other issues
92
    Prior use, compulsory licensing, exhaustion of rights
93
    Renewal fees
95
    Convention or regulation?
97
    Further harmonisation—the European Patent
102
    Conclusion
105
    Recommendation
106

Appendix 1—Membership of the Sub-Committee

Appendix 2—List of Witnesses

NOTE: Pages of the Report and Appendices are numbered in bold type. References in the text of the Report are as follows:

(Q) refers to a question in oral evidence
(p) refers to a page of the Report or Appendices or to a page of evidence


 
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