JURI votes for EU Patent Package Today - But What Exacly is at Stake?

European Parliament, Strasbourg, France, Home of JURI Today's meeting of the European Parliament's Legal Affairs Committee (JURI) will see the votes on the different parts of the so called EU Patent Package. According to the draft agenda the voting time is set to 10.00 to 12.30 and will cover nine votings among which are 18. Enhanced cooperation in the area of the creation of unitary patent protection, JURI/7/05848, Rapporteur: Bernhard Radkay (S&D), 2011/0093(COD), COM(2011)0215 – C7-0099/2011 (PR – PE472.059v02-00, AM – PE475.775v01-00, CM – PE467.178v01-00, CM – PE467.283v01-00, AD – PE472.085v02-00, AM – PE473.869v01-00) 19. Enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, JURI/7/05847, Rapporteur: Raffaele Baldassarre (PPE), 2011/0094(CNS), COM(2011)0216 – C7-0145/2011 (PR – PE472.334v02-00, AM – PE475.788v01-00) 20. Jurisdictional system for patent disputes, JURI/7/06168, Rapporteur: Klaus-Heiner Lehne (PPE), 2011/2176(INI) (PR – PE472.331v01-00, AM – PE475.785v01-00, AD – PE472.079v02-00, AM – PE473.870v01-00, PA – PE473.880v01-00, AM – PE475.860v01-00). But what is actually at stake, what exactly are JURI members voting for? As reported on ksnh::law in yesterday's posting titled "EU Council: Something To Hide? Might Legal Opinion Turn Out To Be A Bombshell?", our request for public access of Document 15856/11 titled "OPINION OF THE LEGAL SERVICE – Draft agreement on the European Union Patent Jurisdiction (doc.13751/11) – compatibility of the draft agreement with the Opinion 1/09" and marked “LIMITE“ has been served by the European Parliament by a heavily redacted version in which the essential portions were deleted since this document contains "legal advice" as protected under Article 4(2) of Regulation (EC) No 1049/2001. It is not far fetched that the blacked out portions relate to the Legal Service's conclusion that compatibility of the Draft Agreement with the Lisbon Treaty and further EU Law might be a problem, just as outlined in likewise confidential but meanwhile published Document 12704/11 conveying a critical Note from the General Secretariat of the EU Council titled "Creating a unified patent litigation system – Note from the Luxembourg delegation". Two week earlier ksnh::law reported in an article titled "JURI mandates Rapporteurs to Negotiate Unitary Patent with EU Council Behind Closed Doors", that the three JURI Rapporteurs have been equipped on 22 November 2011 with a mandate (see agenda, nos. 33, 34, 35) to negotiate the EU Patent Package with the European Council in back rooms behind closed doors. (see e.g. press release as well as press reports [1] and [2]) to ensure that broad discussions and public comments would not endanger the ambitious time schedule for reaching an agreement. Clearly, such behind-the-doors negotiations are perfect situations for non-elected p…