Translation of "loi des brevets " (French → English) :

5. Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples’ and local communities’ application of traditional knowledge, their laws, practices and knowledge system and their ability to use, develop, create and protect their knowledge in relation to genetic resources; reiterates that, against the background of its recent resolution on the pate ...[+++]nting of essentially biological processes, especially in the area of breeding, excessively broad patent protection can hamper innovation and progress and become detrimental to small and medium breeders by blocking access to animal and plant genetic resources; points out that, under certain circumstances, contracts between the parties may be identified by indigenous peoples or local communities as a more feasible solution to share benefits and to protect their interests while preserving the environment and preventing social and economic harm, e.g. by means of safeguard clauses;

It is important not to resort to using patent law in isolation from the innovations themselves, because by its very nature a patent implies that free competition is restricted to a certain degree.

That is why solutions are needed which will enable the process of harmonising patent law to begin.

– (PL) Mr President, the significant increase in patent applications is adding to the impact of unclear patent law.

Mr. Paul Lucas: You're talking percentages, and what I'm telling you is that there has been an increase in R and D every year since the patent laws changed in this country, in absolute dollars.

I therefore ask the Commission to look at the crux of this debate: how do we get good patent law which rewards our most innovative companies for their investment in R[amp]D while, at the same time, not allowing companies to use patents to abuse a dominant position, lock up technology and stifle innovation and competition?