Home Messages Index
[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index

[News] EU Cronies Try to Legalise Software Patents Through Loophole

Hash: SHA1

"Council seeks to legalise software patents with the Community Patent" says
French expert

,----[ Quote ]
| The Council seeks to legalise software patents with the Community Patent, 
| says Mr Pellegrini, ex-advisor of Michel Rocard, former MEP and rapporteur on 
| the rejected software patent directive. The ultimate goal of this move is to 
| create central caselaw on software patents by a specialized patent court.   


South Africa too...

Patenting computer software in SA

,----[ Quote ]
| Burrell further suggests the Copyright Act and Patents Act do not provide 
| adequate protection for computer programs and that South African courts 
| should adopt the approach outlined in the "Guidelines for Examiners in the 
| European Patent Office".   
| Fortunately, as will be seen later, there have been many cases on this 
| subject matter in the US and Europe, in particular, and substantial progress 
| has been made in clarifying what similar or identical wording to that found 
| in these sections means. Recent cases and patent office practice notes in the 
| UK have also clarified the position there. The net result is that computer 
| software is largely patentable in foreign jurisdictions, and we can 
| extrapolate to some extent from such jurisdictions to SA.      


Monster lawyers... longing to suck the blood of programmers for fun and profit.


Mr. Charlie McCreevy, European Commissioner for Internal Market and Services,
on the EU Community Patent

,----[ Quote ]
| The French EU Presidency will close by December 31, 2008, and if no deal is
| struck until that day, most probably there will be no Community Patent for a
| long time to come. According to McCreevy, the stumbling blocks are the
| linguistic and translation requirements, and the setting and distribution of
| annual fees to maintain the patent. In his speech he stresses that
| significant progress has been made since April 2007, and then comes to his
| belief in technical solutions.



[ffii] McCreevy wants to legalise Software Patents via a US-EU patent treaty

,----[ Quote ]
| Brussels, 13 May 2008 -- European Commissioner McCreevy is pushing for a
| bilateral patent treaty with the United States. This Tuesday 13 May in
| Brussels, White House and European representatives will try to adopt a
| tight roadmap for the signature of a EU-US patent treaty by the end of
| the year. Parts of the proposed treaty will contain provision on
| software patents, and could legalise them on both sides of the Atlantic.
| "TEC talks are the current push for software patents. The US want to
| eliminate the higher standards of the European Patent Convention. The
| bilateral agenda is dictated by multinationals gathered in the
| Transatlantic Economic Business Dialogue (TABD). When you have a look
| who is in the Executive Board of the TABD, you find not a single
| European SME in there", says Benjamin Henrion, a Brussels based patent
| policy specialist.
| The Transatlantic Economic Council (TEC) which comprises EU and US high
| level representatives put a substantive harmonisation of patent law on
| its agenda. Substantive patent law covers what is patentable or not. The
| attempt to impose the low US standards on Europe via the Substantive
| Patent Law Treaty (SPLT) process utterly failed at the World
| Intellectual Property Organisation. Also progress in the WIPO B+
| subgroup (without development nations) could not be reached.


Commission adviser accuses Barroso of intentionally misleading European
policy-makers and citizens on copyright

,----[  Quote]
| When the European Commission put forward their proposal to retrospectively
| extend the copyright term granted to sound recordings, locking away vast
| swathes of our cultural heritage in a commercial vacuum for 45 years, it was
| clear that they had rejected all the expert evidence in favour of voodoo
| economics.
| Now Professor Bernt Hugenholtz has written a letter to Commission President
| Jose Manuel Barroso asking why. Huggenholtz, Director of the Institute for
| Information Law (IViR), which was tasked by the European Commission to look
| into the arguments for and against extending copyright term, says his team
| were “surprised” to discover that their studies had been completely ignored,
| and that statements the Commission have made that “there was no need for
| external expertise” in drafting the proposal were “patently untrue”.


EC proposes overhaul of patents and industrial rights

,----[ Quote ]
| The European Commission has proposed creating a single strategy for the
| protection of industrial property rights in Europe. The Commission wants to
| integrate its strategy for industrial property rights and encourage smaller
| businesses to protect rights.


Extension of sound recordings and performers’ rights: an issue of fairness

,----[ Quote ]
| In setting up the rationalist background of his title, Professor Bently noted
| that the 2004 EC Staff Working Paper, the Gowers Report, and the
| EC-commissioned IVIR report had all approached the question rationally, with
| evidence-based and economic reasoning. Each had come out against extension.


Term Extension “will damage Commission’s reputation”, top legal advisers tell

,----[ Quote ]
| Today, the leading European centres for intellectual property research have
| released a joint letter to EU Commission President Jose Manuel Barroso,
| enclosing an impact assessment detailing the far reaching and negative
| effects of the proposal to extend the term of copyright in sound recordings.
| [...] “This Copyright Extension Directive, proposed by Commissioner Mccreevy,
| is likely to damage seriously the reputation of the Commission..."


EU Internal Market and Services: Legislative strategy

,----[ Quote ]
| Commissioner Charlie McCreevy has chosen...
| [...]
| Work continues on the patent litigation system and on the Community patent.
| Since the Commission adopted the Communication "Enhancing a patent system in
| Europe" in April 2007, it has been actively working towards a consensus on
| the key elements among Member States in the Council under the German,
| Portuguese and Slovenian Presidency in the Council.


Anger as IP sacrificed for interoperability

,----[ Quote ]
| Jonathan Zuck, president of the Association for Competitive Technology, said
| the EU scored an own goal with the document. "It aims to facilitate digital
| cooperation among European administrations, but in effect it excludes many
| well-established technologies from being used for e-Government services due
| to a narrow definition of open standards."


The Commission's incoherent approach to IP imperils Europe's economic future

,----[ Quote ]
| And alongside a Community patent we need a single European patent
| jurisdiction through which we can end the current patchwork of often
| contradictory decisions in patent cases handed down by national courts. On
| top of this, just three years ago the Commission was telling us that we
| needed a Computer Implemented Inventions directive to harmonise the treatment
| of software patents, again to help SMEs and to provide certainty in the
| software market. In short, the Commission tells us that patents are good and
| patents are vital to Europe’s prosperity.
| [...]
| So, a go-getting and smart European SME may well have invested significant
| time and money in developing world-class software. It may have followed the
| advice of commissioners McCreevy and Verheugen to get patent protection, but
| when it comes to putting that software into a potentially lucrative
| pan-European project, it’s no can do.


Campaign4Creativity is back in software patents lobbying

,----[ Quote ]
| Simon Gentry is back in software patents lobbying. Now his role is to push
| for legalisation of software patents via the creation of central patent court
| in Europe.


Preparation of the Competitiveness Council of Ministers, Brussels, 29/30 May

,----[ Quote ]
| Ministers will discuss a progress report on this issue prepared by the
| Slovenian Presidency. Commissioner McCreevy will encourage Member States to
| continue to work constructively in this process.


Not All Patents Created Equal, Technology Policy Experts Say

,----[  Quote ]
| The efficacy of the patent system is not equivalent across all industries,
| and appears to be particularly ineffective in software, said a panel at the
| Computers, Freedom, and Privacy conference held at Yale University last week.
| [...]
| A lot of unpatented prior art, which does not make it into considerations at
| the patent and trademark office, said Berger, could add to this problem. She
| added that EFF is working with open source company Mozilla to crease a
| wiki-style platform of prior art in software they hope can be eventually used
| by patent examiners.
| Efforts have failed so far in terms of patent reform, she said, citing the
| status of the Patent Reform Act as “dead in the water” in the US Congress for
| the time being, and asking what people interested in technology policy might
| do about this problem.


Court revokes Aerotel's landmark patent

,----[ Quote ]
| Patent attorneys, lawyers, judges and businesses have often had trouble
| determining exactly what inventions are and are not eligible for patent
| protection, particularly where the invention involves software. A 2006 ruling
| in the Court of Appeal was designed to settle the issue by clarifying the
| rules that patent examiners and judges should apply to assess whether
| inventions are for patentable subject matter.
| [...]
| "The election to solicit pre-pay clientele is unarguably a 'business
| method'," wrote Judge Fysh. "The consequence in 'computer terms' forms no
| part of the invention; it is done with appropriate software. Moreover, even
| if it did form part of the invention, it would therefore only involve the
| construction of appropriate computer programs and would also be excluded from
| patentability."

Version: GnuPG v1.4.9 (GNU/Linux)


[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index