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

[Ralph Janke]

Robin Green wrote:

> On Wed, Aug 04, 2004 at 09:51:17PM +0100, Ralph Janke wrote:
>  
>
> > 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.
> >    
>
> Remember the Council vote that has taken place is not the real vote, only
> an indicative "pre-vote".
> So, it's not within 3 months of now, as you implied.
>  
That is right. If the Parliament does not act within 3 month, the 
directive is passed automatically in the procedure according to Article
251. If a directive is related to a topic that requires Article 252 as 
procedure the parliament would have to agree to any changes made by the 
Council within a certain time period, otherwise the legislature fails.

However, as I stated before, if all that was reported in the Harold is 
true, the ECJ will probably strike down the driective at the first 
opportunity since the passage of the directive in the Coucil was not 
proper...