E.U. PATENTS

E.U. Member States have decided to set up a European patent court to rule on patent issues. This is exactly the sort of thing the E.U. should be doing in order to promote the single market, allowing a company with a patent in one country to have it applied in all 28, thereby saving it lots of time and money.

It is undoubtedly the case that even if there are benefits, a European court takes sovereignty away from national authorities. When that happens in Denmark, paragrah 20 of the constitution kicks in. Either 5/6 of Parliament must vote in favour of it (at 83.33%, a high hurdle), or there must be a referendum.

Most of the political parties are in favour of the new court. However, both the Danish People's Party (on the extreme right) and Enhedslisten (on the extreme left) are anti-E.U.; in order to get the required majority, one of them must vote in favour.

Having a veto normally puts political parties in a strong position, but Prime Minister Helle Thorning-Schmidt has decided to call their bluff. In her speech yesterday to the opening of the new session of Parliament, she said that if neither of them were prepared to vote in favour, then there would be a referendum on the issue on 25 May 2014.

The mainstream parties are presumably taking the view that the average Dane will think that an E.U.-wide patent court is a sensible idea. I agree. The pressure is now back on the naysayers.

Walter Blotscher