Re: [Fsfe-uk] [Fwd: Software patents]

[Ralph Janke]

Ralph Janke wrote:

> I have still not found out what happens if the EU parliament would 
> reject the current draft of the directive by the council. At least it 
> would require the Council to vote anonymously, in the other case the 
> directive would be dead by default.

I finally found out which procedure must be followed concerning the 
patent law (if the scope is the harmonization of law between the 
different member states). In this case Article 251 of the EC Treaty is 
the one that governs the procedure.

This means the European Parliament must now within three month and with 
absolute majority reject the common position (in this case the directive 
would be dead) passed by the Council or pass ammendments with absolute 
majority.

The Council would have to be unanimous to overide such ammendments.

Ralph Janke