Ccentral to business sustainability
Intellectual Property (IP) is paramount not only to innovation and trade but also generally to the competitiveness of the chemical industry. It is an essential component of its long-term business sustainability. A valuable and strategic asset, IP’s importance is ever growing.
For over a century the European chemical industry has brought new products to the market place, in many areas transforming the lifestyles and well-being of consumers.
IP plays a key role in supporting all chemical industry sectors in their attempts to bring new products to consumers. If the IP system did not exist, the conversion of new ideas into useful products would be significantly inhibited.
Cefic position / Patents
Patents are an incentive for innovation, investment and research. A major user of the patent system, the European chemical industry believes that enhancing a strong, comprehensive and workable system of patent legislation in Europe and indeed globally – because of the European industry’s export orientation – is necessary.
The London agreement will reduce translation costs, delivering real savings to procuring patents. Member States yet to accede to it should do so as soon as possible. The EU Patent can also be of great assistance in this area. We urge the Commission and Member States to continue their efforts to agree on a sustainable language for the forthcoming EU Patent and have it put into place as soon as possible. A common jurisdictional framework within which European and Community patents can be enforced is also crucially needed to boost the competitiveness of European chemical companies. With global patent filings growing rapidly, the governance arrangements of the European Patent Office need streamlining to ensure continued protection of high quality patents. Last but not least, the Commission and Member States should pursue patent law harmonisation in the World Intellectual Property Organisation and support the Patents Cooperation Treaty as the world standard.
Confidential Business Information (CBI)/Trade Secret/ regulatory data protection
The Commission and Member States should recognise that Trade Secret is an important IPR (intellectual property right). In addition, they should ensure that for regulatory data protection / CBI legislation the proportionality principle is applied systematically, when striking the balance between the legitimate protection of CBI and other policies such as transparency and access to documents. Awareness of such IPR should be spread.
Counterfeiting
The Commission and all players involved in the fight against counterfeiting and piracy in the Member States including industry should continue to facilitate and conduct strong enforcement actions against counterfeiters in Europe and elsewhere in the world, to seek leadership on a co-ordinated approach to this issue and develop public educational initiatives.
Technology transfer
The Commission should pursue its actions to boost technology transfer in Europe and investigate solutions to provide support to smaller chemical companies, universities and single innovators in a manner consistent with Europe’s agenda for innovation.
Climate change and intellectual property rights
The chemical industry believes intellectual property rights (IPRs) are indispensable in promoting technology supporting actions against climate change. Measures to prevent climate change should avoid creating additional burdens or legal uncertainty for IPR owners, and should not undermine the essential role of IPRs. Therefore, international negotiations should not result in an erosion of IPRs.
Intellectual property within the Commission
The Commission’s approach to handling IP is currently fragmented. We urge it to enhance the handling of IPR within its own services and directorates-general with a centralised co-ordination and adequate structure.