The European Commission’s Directorate-General for Internal Market and Services has commissioned two independent studies, one on the comprehensive study on the quality of the patent system in Europe and other on the overall functioning of the trademark system in Europe.

On the Patent tender (Available here), the aim is to study the quality of patent rights with economic analysis in order to propose effective policy solutions for the optimal functioning of the future patent system in Europe considering its objectives to encourage innovation and the diffusion of new technology and knowledge.

This should take into account a system with the co-existence of national and European patents, and a future Community patent which is currently being negotiated between Member States. (Yes these guys seem to be serious about the community Patent system!)

On the trademark tender (Availble Here), the aim is to assess the current state of play of the Community trademark system and the potential for improvement and future development. As the Community trademark system is closely linked to national trademark systems, the study shall also evaluate national systems and, in particular, the relation and interaction between the 2 systems, including the need for further harmonization. The results shall, in particular, serve as basis for future review of the trademark system as a whole and enhanced cooperation between the Office for Harmonization on the Internal Market (OHIM) and the national trademark offices of Member States.

More on this can be read at IPkat (here) and Out-law (here).

We in India would really love to see such study happening here. However, what is more interesting is that EU has made an open tender to any 3rd party to undertake such a study which would end up making policy changes in EU. Such move in India to conduct study by a 3rd party would be strongly opposed. Any such study in India is either performed by the government themselves or by a technical committee appointed by the Government.

We have seen of what had happened to the Mashelkar Committee report (read here from shamnad’s blog spicyip) which has been plagued by number of accusations on numerous occasions, fist accused of plagiarism and now for misquoting. If only such study was conducted by a 3rd party, they would be a on the receiving end of extreme lobbing by all interested parties to cater to their interests. Even when the report of the study is  finally out, it would be accused by the some parties for being partial to certain view, ending up at the Indian courts.

This makes me wonder if any other countries have such issues, would love to hear from the readers.

Patently Yours


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