Wednesday, 19 October 2011

Who is defending the Spanish opposition to the drafted Unitary Patent?

In a comment posted yesterday in “Unitary Patent: the Spanish view”, Steve Peers was wondering “if the Spanish government's position might change if the opposition party wins the forthcoming elections - as seems highly likely”.

What we know is that up to date the Spanish opposition to the suggested Unitary Patent was jointly defended at the European Parliament by both PP (opposition party in Spain today) and PSOE (party still in the Spanish Government).

As we can read at the European Parliament web page (here), during the meeting of the extraordinary meeting of the Legal Affairs committee held on January 20, 2011, Mr Antonio López-Istúriz (PP) held:

“I know that Commissioner Barnier is making a lot of effort, this is a hope for us to take greater advantage of the Single market. It is a Single market for all when it comes to the language issue we have had a very balanced report by Ms Palacio, there was no problem with the language issue, but when it comes to the process of enhanced cooperation we are left with the impression that we are adopting a number of issues which are changing the rules of the game and that includes the language issue”
At that same meeting, Mr. Antonio Masip (PSOE) held:
"We must be cautious, serene and we must have a common sense and that is something that can be demanded as legal experts. In this regard a few years ago Ana Palacio proposed 5 languages, so and why are 3 put forward now? Why have 2 been cut out? That makes no sense!"
On February 16, Mr López-Istúriz made reference in his personal Blog to the position maintained at the EP (here) (in Spanish):
“The popular deputies are going to support [the Government] in this endeavor because it is in the collective interest of Spanish citizens and companies”.
In the Amendments dated January 21, 2011 (here), we see that Mr López-Istúriz and Mr Masip jointly appear in Amendments 1, 3, 5, 7, 9, 14, 15, 17, 19, 21, 25, 27 & 28.

Will their position change when/if PP wins the forthcoming elections?

Unfortunately my crystal ball needs to be repaired and Spanish political parties have not yet disclosed their Programs. They may do it in the next days and I will report if any reference to the Unitary Patent is included.

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