Klaus-Heiner Lehne

This article is part of the MEPedia project of Spinwatch.

Klaus-Heiner Lehne, MEP

Klaus-Heiner Lehne (born 28 October 1957, Düsseldorf) is a German lawyer, an MEP from Christian Democratic Union of Germany, and a member of the European Parliament's Legal Affairs Committee.

He studied law, physics and philosphy, and was a member of the Bundestag (1992-1994). Since 1994, he is a member of the European Parliament as EPP Group coordinator on the Legal Affairs Committee. He's a member of the European People's Party (Christian Democrats - (CDU) Christlich Demokratische Union Deutschlands) and European Democrats, a member of Delegation to the EU-Russia Parliamentary Cooperation Committee, a substitute member of the Committee on Economic and Monetary Affairs, and a substitute member of the Delegation for relations with Japan.

Affiliations

• Member, Committee on Legal Affairs
• Member, Delegation to the EU-Russia Parliamentary Cooperation Committee
• Substitute, Committee on Constitutional Affairs
• Substitute, Committee on Economic and Monetary Affairs
• Substitute, Delegation for relations with Japan

Record and Controversies

Background of Conflicts

Over the last few years, he has been one of the most influential MEPs pushing for software patents in the Parliament. At the same time he is a Partner at the law firm Taylor Wessing. It advises clients “on patenting strategy in the software sector.” The world’s largest business software company, SAP, is listed as a client of Taylor Wessing working on patents and intellectual property.

At the time of Lehne’s appointment to Taylor Wessing in 2003, Legal Week reported how the firm saw “the development of its seven-partner Brussels regulatory and competition practice in Brussels as vital for its key corporate clients.” According to Taylor Wessing’s website in 2006, its “patent group is one of the strongest, largest and best known in Europe. The group comprises around 30 patent law specialists” who advise “clients in a wide variety of industry sectors, including… software”. It goes on to say that Taylor Wessing has successfully represented multinational companies… in patent litigation of great commercial significance.”

Register of interests

• Partner, Taylor Wessing, Düsseldorf - Law Firm

Potential Conflicts of Interest

It could be construed that Lehne has a potential conflict of interest: as a lawyer whose clients have included the world’s largest software company and as an MEP who has been involved in patent legislation that could help that company. Lehne and Taylor Wessing are keen to stress that he doesn’t work on patents and Lehne sees no such conflict: “All MEPs have a professional background”, he argues. “Being a lawyer and being an MEP in the Legal Affairs Committee of the Parliament is normal. Sometimes knowledge and competence helps to make the right political decisions.”

Since the failure of the 2005 software patent directive, the European Commission and patent industry have been pushing the new European Patent Litigation Agreement (EPLA), which critics say would lead to weaker democratic control over the patent system. One non-profit group on patents, the Foundation for a Free Information Infrastructure (FFII) described EPLA as creating “an uncontrollable, excessive situation, for higher costs, without discernable advantage.”

According to FFII “the spearheads of the patent establishment in the European Parliament, MEPs Klaus-Heiner Lehne and Sharon Bowles, both legal professionals involved in the patent litigation business, have tried hard to push their [political] groups into supporting a motion which gives uncritical backing to the EPLA.”

In September 2006, the Commission’s plans were severely criticised in the European Parliament by the Socialist group of MEPs “for supporting new patent rules that will heap extra costs and risks on small businesses”. Lehne argued the opposite and attacked the “die-hard, anti-innovation MEPs”, so called "no-software-patent" people”.

Record of Parliamentary Votes

• Voted against the directive on "establishing a framework for Community action in the field of water policy" (A5-0027/2000). The directive covers all water management aspects in order to achieve a 'good status' of all waters by 2015.
• Voted against the directive on "national emission ceilings for certain atmospheric pollutants" (A5-0063/2000). The amendment allows setting less ambitious national emission ceilings for sulphur dioxide (SO2), nitrogen oxides (NOx), ammonia (NH3) and volatile organic compounds (VOC), which would result in more damage to human health and the environment.
• Voted in favour of the Commission White Paper on "Strategy for a future Chemicals Policy" (A5-0356/2001). The amendment helps avoid the necessary precautionary approach towards some chemical substances that are not proven to be completely safe.
• Voted against the directive on "waste electrical and electronic equipment" (A5-0100/2002). The amendment sets higher reuse and recycling rates for IT and telecommunication equipment. Rejected due to lack of absolute majority.
• Voted in favour of the report on "Community guidelines for the development of the trans-European transport network" (A5-0135/2002). The Trans-European Network of Transport (TEN-T) is a network of so-called 'transport corridors' through Europe. This amendment calls for a full Strategic Environmental Assessment of these transport corridors and calls on the Commission to improve methods for analysing the environmental and economic impact of the TEN-T.
• Voted against the regulation concerning "traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms" (A5-0229/2002). The amendment allows customers the right to choose GM free food.
• Voted against the report towards a "thematic strategy on the sustainable use of pesticides" (A5-0061/2003). The amendment proposes to ban or severely restrict use of pesticides in areas around sources of drinking water and nature protected zones.
• Voted against the directive on "environmental liability with regard to the prevention and remedying of environmental damage" (A5-0145/2003). According to the amendment, polluters have to pay for environmental clean-up, and it supports an EU-wide regime which makes polluters liable for the damage they cause to wildlife, water and land.
• Voted against the directive on restructuring the "Community framework for the taxation of energy products and electricity" (A5-0302/2003). The amendment aims at giving tax benefits to environmentally friendly sources of energy, which would make them cheaper and more competitive to conventional (more polluting) sources of energy. It also gives tax benefits to environmentally friendly uses of energy for transport, for instance trains. Rejected due to lack of absolute majority.

Personal Information

Curriculum Vitae

• Studied law, physics and philosophy in Düsseldorf, Freiburg, Cologne and Bonn.
• 1984-1992 Member, Düsseldorf City Council.
• 1992-1994 Member of the Bundestag.
• Since 1994 Member of the European Parliament. EPP Group coordinator on the Legal Affairs Committee.

Contact

Address:

Parlement européen

Bât. Altiero Spinelli

10E103

60, rue Wiertz / Wiertzstraat 60

B-1047 Bruxelles/Brussel

Phone:

+32 (0)2 28 45047

Email:

klaus-heiner.lehne@europarl.europa.eu

Website:

http://www.kh-lehne.de

Resources

• Corporate Europe, "Politics, business mix freely in Europe Parliament," Wall Street Journal, 05 July 2005, accessed 11 November 2008.
• European Parliament, Erklärung der finanziellen Interessen der Mitglieder: Klaus-Heiner Lehne, 16 December 2008, accessed 22 March 2009.
• European Parliament, MEP Directory: Klaus-Heiner Lehne, accessed 07 November 2008.
• European Parliament, MEP Directory: Klaus-Heiner Lehne, accessed 22 March 2009.
• FFII, EPLA 2006, accessed 07 November 2008.
• FFII, FFII Analysis of European Patent Litigation Agreement, accessed 07 November 2008.
• Friends of the Earth, EU Vote Watch, accessed 22 March 2009.
• Rowell, Andy, "Too Close for Comfort?" Spinwatch, July 2008.
• The Socialist Group in the European Parliament, "Outrage as McCreevy exposes firms to risk of €415,000 legal bills," 20 September 2006, accessed 07 November 2008.
• Virtual Law, Taylor Wessing, accessed 07 November 2008.
• Web Archive, Taylor Wessing, 2006, accessed 07 November 2008.