§ Mr. Alan SimpsonTo ask the President of the Board of Trade what assessment she has made of the extent to which the proposed EU Directive on the Legal Protection or Biotechnological Inventions will enhance competitiveness within the Single European Market.[16527]
§ Mr. BattleThe purpose of the proposed Directive is to establish a clear legal framework for the protection of biotechnological inventions through national patent law. Although the texts of Members States' patent laws are currently closely aligned with that of the European Patent Convention (an inter-governmental agreement dating from 1978), there have been differences in interpretation between Member states. Although no assessment has been made as to the direct effect this proposed Directive may have on enhancing competitiveness, the clarification arising from it will reduce current uncertainty in this area of law and harmonise EU law.
§ Mr. Alan SimpsonTo ask the President of the Board of Trade what criteria the Government used in selecting participants for its public consultation on the proposed EU Directive on the Legal Protection of Biotechnological Inventions.[16528]
§ Mr. BattleInformation concerning the Commission's proposal was circulated widely, including by use of the Internet. Those organisations which made their views known to me or my Department have been included in the consultation exercise and, for example, were invited to a meeting, on 17 October, of the Standing Advisory Committee on Industrial Property, a body created to advise Ministers on all aspects of industrial property, and whose membership comprises organisations representing the professions, industry, small businesses, and consumer interests. In addition, other Government departments were invited to contribute further names of those with an interest in this proposal.
§ Mr. McDonnellTo ask the President of the Board of Trade what steps she has taken to ensure that all Government Departments are aware of the implications of the EU Directive on the Legal Protection of Biotechnological Inventions.[16754]
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§ Mr. BattleContact and discussions between Department of Trade and Industry officials and those of other Government departments has been maintained ever since the Commission's proposal for a Directive emerged. I have recently written to Ministerial colleagues to explain the contents and consequences of the Commission's proposal and to seek views.
§ Dr. Lynne JonesTo ask the President of the Board of Trade what assessment her Department has made of the adequacy of its consultation on the proposed EU Directive on the Legal Protection of Biotechnological Inventions.[16734]
§ Mr. BattleThe European Commission's proposal for a Directive on the legal protection of biotechnological inventions is substantially consistent with current United Kingdom legislation (the Patents Act 1977). In particular, the proposal does not afford patent rights to anything which is not patentable under current law. It is therefore within the regime envisaged in the proposal that biotechnology has developed during the last 20 years in the United Kingdom. The European Commission has sought to harmonise patent laws in this area since 1988 when an initial proposal for a Directive emerged. Since enactment of current legislation in the UK and publication of the Commission's initial proposal, interest has grown and to date some 150 organisations are taking part in a consultation exercise. Such organisations include those concerned with the environment, health and patient care, industry, the professions, consumer interests, animal welfare and religious groups.
§ Mr. LivingstoneTo ask the President of the Board of Trade what criteria determined which participants were invited to a consultation on the proposed EU Directive on the Legal Protection of Biotechnological Inventions.[16735]
§ Mr. BattleInformation concerning the Commission's proposal was circulated widely, including by use of the Internet. Those organisations which made their views known to me or my Department have been included in the consultation exercise and, for example, were invited to a meeting, on 17 October, of the Standing Advisory Committee on Industrial Property, a body created to advise Ministers on all aspects of industrial property, and whose membership comprises organisations representing the professions, industry, small businesses, and consumer interests. In addition, other Government Departments were invited to contribute further names of those with an interest in this proposal.