Actualizado: 20 oct 2021
The Council of the European Union, the intergovernmental body that discusses, amends and adopt laws, has issued the plan of the Union for the future of IP policy.
The conclusions reached cover a number of different topics, that will presumably be further developed with more detailed legislation.
Regarding patents, Council welcomes recent developments within the framework of the European Patent Organisation and in particular de decision of the Board of Appeals regarding the non-patentability of plant or animal products exclusively obtained by means of essentially biological processes (topic discussed in this post).
The Council also recognises the need to strengthen Geographical Indications (GI) protection systems in the EU. It is ready to consider a system of protection of non-agricultural products on the basis of a thorough impact assessment of its potential costs and benefits. Up until now, only agricultural products such as spirits, cheeses, fruits, etc., can claim GI protection in Europe, leaving for instance textiles and handicrafts out.
The Council also encourages the Commission to undertake a number of concrete actions in the fight against counterfeiting and piracy, including further involving online platforms and other hosting providers. This is in line with the implementation of the Copyright directive as well as the development of the Digital Services Act.
Finally, the Council invites the Commission to present proposals for the revision of the legal framework on industrial design protection.
These conclusions will feed into de work currently being undertaken by the Commission who will shortly present a plan for an EU intellectual property plan.
You may read the full conclusions here.
Esquivel & Martin Santos
Trademark, Patent and IP law firm in Spain