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EU Sues Member Nations To Force Change In Patent Laws

Posted by michael on from the my-way-or-the-highway dept.

ipandithurts writes "The European Union has brought member nations to court to force them to pass laws modifying their current patent laws to match the laws required by the EU. These requirements essentially centers around biotechnology patent law.After a 10-year debate, the EU adopted what it called "strict ethical rules" for patenting biotech inventions in 1998 and gave member states until July 30, 2000, to transpose them into national law. Germany, Austria, Belgium, France, Italy, Luxembourg, the Netherlands and Sweden still have not done so, prompting the European Commission to refer them to the European Court of Justice. Their failure to implement the EU directive "has created trade barriers and hampered the internal market," it said. "Non-implementation ... is putting the European biotechnology sector at a serious disadvantage." Seeking to allay public concerns about patenting processes using human genes or DNA molecules, the rules ban patents for cloning human beings or modifying their genetic identity, as well as the use of human embryos for industrial purposes. The Commission said last year that it expects that the global biotechnology market, not counting agriculture, could amount to more than euro2 trillion ($2.26 trillion) by 2010."

24 comments

  1. Boy, I want more than that article. by Elwood+P+Dowd · · Score: 3, Informative

    They don't say if the new EU style patents allow patenting/copyrighting/whatever of raw discovered genetic data. The most obvious bad patent, that we've got here in the states, is patenting the use of a particular genetic sequence (in the human genome!) as a method of finding another copy of that sequence.

    Sooo low.

    --

    There are no trails. There are no trees out here.
  2. What's the penalty? by One+Louder · · Score: 3, Insightful

    So....what do you do to eight entire countries if they don't pass the laws? Put them all in jail? Send in the EU troops?

    1. Re:What's the penalty? by fehlschlag · · Score: 1

      Send in the EU troops?

      I guess, since they themselves have a lot of the troops, it would mean military law.

    2. Re:What's the penalty? by rritterson · · Score: 1

      No, you kick them out of the EU, thus taking away the Euro, the favored trading status, the collective bargaining power with other nations, etc...

      --
      -Ryan
      AUWYHSTOT (Acronyms are Useless When You Have to Spell Them Out Too)
    3. Re:What's the penalty? by eht · · Score: 1

      In other words, it is a good thing.

    4. Re:What's the penalty? by sebmol · · Score: 1

      No. There are no provisions for a country to leave the European Union. The usual consequence for uncompliance are hefty fines in the range of 9 digits.

      --
      "Light is faster than sound." - "Is that why people tend to look bright until you hear them speak?"
    5. Re:What's the penalty? by EvilSporkMan · · Score: 1

      And how do you make them pay?

      --
      -insert a witty something-
    6. Re:What's the penalty? by sebmol · · Score: 1

      They just do, mostly out of respect for the union. There haven't really been any instances where the member states refused to pay fines levied against them. However, I am not knowledgeable enough to say whether there are any other sanctions or not and how they are enforced.

      --
      "Light is faster than sound." - "Is that why people tend to look bright until you hear them speak?"
    7. Re:What's the penalty? by Anonymous Coward · · Score: 0

      They let the French move in.

  3. Jokes on you by Henry+V+.009 · · Score: 1, Flamebait

    Welcome to the new European super-state. Enjoy your anti-American jokes while you can. In a couple decades you'll be living in the world's most repressive sprawling bureaurecratic dystopia. (Ever seen the movie Brazil?)

    1. Re:Jokes on you by Alethes · · Score: 4, Informative

      I'm sure you'll get modded as flamebait, but the fact remains that these "nations" are now unable to make laws as they see fit because they gave up their sovereignty.

    2. Re:Jokes on you by jwdg · · Score: 1
      As always, Slashdot is the home of the gross oversimplification.

      Most nations can't make laws as they see fit - not even the US - because they have committed by treaty to behave in a particular way[*]. States in the US are likewise constrained by the existence of a federal constitution and legislative system.

      In that context, the European states have decided to go down a particular route because they see a benefit to it (e.g. harmonisation of standards makes interstate commerce easier). They have only given up sovereignty on specific issues. (I won't go into the whole story of Qualified Majority Voting here!) [*] Of course, you can break the treaty, but people may choose to impose sanctions on you for doing so... just as these countries will probably be fined if they don't comply.

    3. Re:Jokes on you by Anonymous Coward · · Score: 0

      *snicker*

      The EU is a joke. It's analogous to the way the various states in the US are arranged, but with no checks and balances and less nationalism to bind them together.

      The EU was formed for the purpose of competing with the United States on economic terms, which none of the states could do alone. The result is a Europe where all nations are only as strong as the weakest nation, and the only strength is the EU itself.

      I'm getting my laughs in now, because I expect my children (I'm American) to have to spend their lives bailing the Europeans out of the EU trainwreck that will occur during my lifetime.

  4. actually forced through TRIPS treaty by jmason · · Score: 5, Informative
    Should be pointed out that this was a condition of the WTO's TRIPS treaty of 1995:

    Here the World Trade Organization (WTO) lent the biotech industry a shoulder to cry on by allowing the major players to formulate the Trade Related Intellectual Property Rights Agreement (TRIPS) which came into force in 1995. TRIPS aims to force all countries to take on board a menu of biotech patents and 'harmonize' their national patenting regimes accordingly - the aim is to make the world follow the US example.
    This book review at Nature says: 'Central to this analysis is the account of the negotiation of TRIPS, whereby the campaign for globalized intellectual-property standards was shifted to the international trade agenda. Developing countries were persuaded to sign up to TRIPS in exchange for the liberalization of world trade markets. The subsequent failure of these markets to materialize (witness US steel tariffs and farm subsidies in the United States and Europe) also goes some way to explaining the growing disenchantment with TRIPS.'

    See also why Biotech patents are patently absurd. As members of the WTO, and signatories to TRIPS, these countries really don't have a choice; they'd be in breach of the TRIPS treaty if they do not ratify these laws.

    1. Re:actually forced through TRIPS treaty by Dachannien · · Score: 1

      "As members of the WTO, and signatories to TRIPS, these countries really don't have a choice; they'd be in breach of the TRIPS treaty if they do not ratify these laws."

      But what's the penalty for not upholding the treaty? Are they suing each nation in its own courts, or is there some sort of EU-approved court that the suits are being filed in? Seems to me that, typically, the penalties for violating treaty terms range anywhere from "do nothing" to "enact sanctions" to "invade".

    2. Re:actually forced through TRIPS treaty by evbergen · · Score: 1

      This is going to cause a massive revolt in a few decades. Why? Because all sovereignty has gone from our democracies.

      The WTO has more power than the people. Sure, you can get out of the WTO, but you'll not be able to do any business anywhere. The WTO thereby extorts its member states into submission to its singular business interests.

      We have created the biggest monster to roam the earth. An organisation that is more powerful than any state, and that works in one singular interest: the intensity of global trade. And we have become its slaves. No more citizenry. No more freedom. Serve the economy. Just do it (tm).

      --
      All generalizations are false, including this one. (Mark Twain)
  5. Interresting that core EU member states by Homology · · Score: 3, Interesting

    like Germany, France and Italy has not implemented the directive. Do they have second thoughts about this, and thus delaying? For what reasons?

    1. Re:Interresting that core EU member states by jas79 · · Score: 1

      My guess is: Burocrazy. Implementing that laws are probally somewhere on the bottom of the todo list of some civel servant.

    2. Re:Interresting that core EU member states by ecalkin · · Score: 1

      keep in mind that *some* nations have this thing called rule of law.

      first of all the lawmakers are elected by the people and answer to them. the eu may make noise, but the people can decide to not reelect you.

      next there are issues relating to treaties. i have no idea if there is anything like this in any european country, but it is my understanding that for a treaty to be binding in the us, the president has to deliver it to the senate for their approval.

      eric

  6. So many nations by Spudley · · Score: 4, Interesting

    Germany, Austria, Belgium, France, Italy, Luxembourg, the Netherlands and Sweden

    What the...? That's more than half the nations in the EU, and with Germany and France, two of the biggest and most powerful.

    So my question is simple: How on earth did this law ever get ratified by the EU in the first place if the majority of nations had no intention of implimenting it? Sounds to me like something is seriously wrong with the democratic process.

    --
    (Spudley Strikes Again!)
    1. Re:So many nations by heli0 · · Score: 1

      What Democratic process? Laws/treaties are passed and enforced by the European Commission whose members are appointed.

      The European Parliament is the body that is elected directly by the people, but all they can do is talk and send proposals to the Commission for their consideration. If they don't like the laws the commission passes they can pound sand.

      --
      Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
    2. Re:So many nations by falonaj · · Score: 1

      The law can't have been passed in the EU without approval of these nations, that's right. Either they have changed their mind in the meantime, or it was part of a deal: "If you allow my law, I won't block yours", which is a very common thing in the EU.

  7. No, there IS a democratic process by falonaj · · Score: 1
    What Democratic process? Laws/treaties are passed and enforced by the European Commission whose members are appointed.

    All members of the commision need to be approved by both the council and the parliament.

    The council consists of the ministers of all the member states, and all gouverments of the member states have veto right in matters that they consider to be important.

    Since the EU is getting much bigger with many Eastern European countries joining, the veto right will be restricted to certain areas of politics like immigration laws and foreign politics. When the new constitution is approved, a majority of nations representing a majority of the population in the EU are needed to pass a law in most areas of politics. This doesn't sound undemocratical at all.

    The European Parliament is the body that is elected directly by the people, but all they can do is talk and send proposals to the Commission for their consideration. If they don't like the laws the commission passes they can pound sand.

    Not really. Laws can proposed by the commision and by the council. You are right that the parliament can only ask the commision to propose a law for them. But the European Parliament can veto any law proposal, as can the commision and the gouverments of the member states (through the council).

    No law can be passed against the will of parliament, commision and all member states.

    While the powers of the European Parliament should really be stronger, it is still a democratic process. It was mainly Britain who vetoed any attempt to strengthen the European Parliament for fear of weakening the council, where they have always happily used their veto right.