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SMEs want patent protection at heart of 'EU Innovation Act'

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Published 08 September 2009

Small businesses have welcomed the EU's latest efforts to enhance innovation but urged leaders to make a single European Community patent a top priority. The European Commission's new overview of innovation policy includes plans for a European Innovation Act.

In addition to beefed-up intellectual property protection, SMEs also want EU member states to promote innovation through state aid, public procurement and the creation of lead markets. 

Responding to the review of innovation issues published by the Commission's enterprise directorate, UEAPME – a leading SME lobby group – called for progress on a single Community patent, "which would dramatically boost innovation in SMEs". 

UEAPME Secretary-General Andrea Benassi said the document showed "a better and refined understanding" of innovation issues. 

He said the document identifies the right challenges to fill the innovation gap between Europe and its main competitors, namely the protection of intellectual property rights, access to finance and better cooperation between science and business. 

The Commission's broad summary of current thinking on innovation in Europe ticks all the usual boxes, including the need for a Community patent, a greater role for SMEs, the importance of the internal market, and improving education and skills. 

Replacing the Lisbon Agenda 

Although there were no startling revelations, it may provide considerable insight into the Commission's thinking on how the Lisbon Agenda will be replaced. Perhaps surprisingly, the document makes no reference to creativity, despite 2009 being the European Year of Creativity and Innovation (EYCI). However, this in itself suggests innovation policy will be steered by the enterprise agenda once the EYCI has passed. 

The Commission said the innovation gap between the EU and its key competitors, the US and Japan, has narrowed since the re-launch of the Lisbon Strategy in 2005, but that scope remains for further improvement. 

The Lisbon Strategy for growth and jobs aimed to make Europe's economy the most competitive in the world by 2010 and is seen by many as unlikely to meet its goals. 

According to the Commission, costs for European trademark registration have been lowered, but there is an acceptance that protection of intellectual property rights remains key. 

"The EU can in particular no longer afford to remain with a too costly and fragmented patent situation. Innovation in services and the use of ICT will also have to be strengthened further." 

Venture capital lacking 

While European funds are more focused on innovation than at any time in the past, the procedures for accessing finance must be simplified, particularly for SMEs. The new document also accepts that the provision of venture capital remains an issue for Europe's innovative companies. 

"Financial investors should be more prepared to invest in innovative enterprises with a longer term return horizon, going beyond short-term profit expectations," according to the Commission. 

The promotion of innovation will remain a key policy priority at all levels within the EU, according to the document, and the EU will examine the feasibility of devising a European Innovation Act. It will look at making a formal proposal by spring 2010. 

Positions: 

European Commission Vice-President Günter Verheugen said innovation comes from Europeans but they must be given the right framework within which to work. 

"Innovation cannot be organised by decree. It comes from people, and only people - scientists, researchers, entrepreneurs and their employees, investors, consumers and public authorities - will make Europe more innovative. But they do not act in a vacuum. They act with a mindset and in a framework which either discourages or incites them to enter unknown territories. The lessons presented in this Communication will help us with the preparation of a modern EU reform agenda for the next decade which should have innovation at its heart." 

UEAPME Secretary-General Andrea Benassi said protecting intellectual property was fundamental to stimulating innovation. 

"At EU level, this means first and foremost making progress on the Community Patent and on a single European patent system. Under the current rules, the same invention can be subject to up to 27 different legal systems in Europe. I do not see how we can catch up with the rest of the industrialised world until this fundamental flaw is dealt with." 

"At national level, member states must make full use of all existing opportunities to promote innovation, as pointed out once again today by the European Commission. The new state aid framework and public procurement are two crucial tools in this respect, which are already in place and can be used without further delays," Benassi said. 

Next steps: 
Background: 

2009 is the European Year of Creativity and Innovation, a programme led by the European Commission's education and culture directorate. The initiative features regular debates on the role of innovation and creativity in Europe. 

27 ambassadors have been appointed to promote the aims of the special year and to draw up a manifesto which is due to be presented later this month. This document is expected to look at the role of education in creating an innovative spirit in Europe. 

Separately, the Commission's enterprise arm has been seeking to promote innovation with particular emphasis on entrepreneurship and small businesses. This comes at a time when the EU executive is seeking to replace the so-called Lisbon Strategy for Growth and Jobs, which expires in 2010. 

Next month sees the first European Innovation Summit take place in the European Parliament. 

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