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WIPO SCP/13 - some conclusions
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| As also highlighted in FSFE’s interventions, these criteria allow for an
| assessment of the usefulness of the patent system for each individual area.
| It follows that areas in which these benefits do not materialise lack an
| economic rationale for patenting. An example for such an area is software,
| which had no innovative market failure prior to the introduction of patents,
| in which patents are useless for disclosure of new ideas, and in which legal
| counsels suggest that developers do not study patents in order to avoid
| claims of intentional infringement. So this study provides an analytical
| rationale behind statements such as the one by Bill Gates in 1991, which
| voices concern about the anti-innovative effect of patents in the field of
| software:
|
| “If people had understood how patents would be granted when most of
| today’s ideas were invented, and had taken out patents, the industry
| would be at a complete standstill today.”
|
| Application of this rationale in the policy setting process would allow to
| assess which areas can benefit from patents, and where more innovation can be
| had by excluding an area from the patent system. In parallel to the “Berne
| three-step test” we have dubbed this the “three step test for inclusion in
| the patent system” in our oral intervention.
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http://blogs.fsfe.org/greve/?p=302
FSFE statement at WIPO SCP/13 re/exceptions and limitations
http://blogs.fsfe.org/greve/?p=269
Videocast: Georg Greve on Software Patents
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| The World Intellectual Property Organization (WIPO) Standing Committee on the
| Law of Patents discussed exceptions and limitations to patentability on 24
| March. Intellectual Property Watch spoke with Georg Greve of the Free
| Software Foundation Europe about exceptions on patents and software.
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http://www.ip-watch.org/weblog/2009/03/30/georg-greve-on-software-patents-2/
Concerns Voiced At WIPO Over Potential Conflicts Between IP And Standards
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| Government procurement could preference open or interoperable standards, said
| Latif. Binding obligations to disclose all relevant IP information on
| standards, as well as the involvement of competition authorities in work on
| standards to ensure anti-competitive practices are not used, could also help.
|
| Ultimately, said Greve, increasing the transparency of the system is useful.
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http://www.ip-watch.org/weblog/2009/03/25/concerns-voiced-at-wipo-over-potential-conflicts-between-ip-and-standards/
WIPO Patent Committee To Consider Four New Reports, Global Challenges
http://www.ip-watch.org/weblog/2009/03/20/wipo-patent-committee-to-consider-four-new-reports-global-challenges/
WIPO is a 'front' for companies thatmonopolise with pieces of paper.
Recent:
Concerns Voiced At WIPO Over Potential Conflicts Between IP And Standards
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| “Both patents and standards are instruments from the toolbox of innovation
| policy, but they are different instruments,” said Georg Greve of the Free
| Software Foundation Europe. “Patents,” he said, “are intended for private,
| personal use [while] standards are intended for public use.”
|
| “They are diametrically opposed in practice… maximising one instrument
| invalidates the other,” he added.
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http://www.ip-watch.org/weblog/2009/03/25/concerns-voiced-at-wipo-over-potential-conflicts-between-ip-and-standards/
Statement by the United States on patents and standards at WIPO patent
committee
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| In the United States, antitrust enforcers seek to ensure that our markets are
| competitive by preventing agreements or mergers that create or increase
| market power, or unilateral actions that use existing market power to protect
| or expand a monopoly. Our focus is on preventing harm to the competitive
| process, not on ensuring competitors treat each other fairly. Therefore, we
| would strike the use of “fair” wherever it appears before “functioning of the
| market” and when it modifies “competition” or “market”.
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http://www.keionline.org/blogs/2009/03/25/united-states-position-patents-standards/
WIPO patent committee embarks on positive agenda
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| The fact that the WIPO patent committee has decided to request the
| International Bureau studies on “exceptions from patentable subject matter
| and limitations to the rights, inter alia research exemption and compulsory
| licenses” and “patents and standards” is testament that the WIPO of 2008 is
| not the WIPO that invoked “Intellectual Property as a Power tool for
| Development”.
|
| Here below is the Annex to the Summary by the Chair which lists the eighteen
| non-exhaustive list of issues for further elaboration and discussion in the
| future. This list includes such topics as “Economic impact of the patent
| system, Alternative models for innovation, Patents and health (including
| exhaustion, the Doha Declaration and other WTO instruments, patent
| landscaping) and Relation of patents with other public policy issues.”
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http://www.keionline.org/index.php?option=com_jd-wp&Itemid=39&p=124
WIPO will discuss a report on patents and open standards next week
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| (iv) Open Standards
|
| 121. Among technology standards, there is particular interest for “open
| standards”. While there is no universally accepted definition of that term,
| all open standards have the following common characteristics: (i) the
| specification is publicly available without cost or for a reasonable fee to
| any interested party; (ii) any IP rights necessary to implement the standard
| are available to all implementers on RAND terms, either with or without
| payment of a reasonable royalty or fee; and...
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http://www.digitalmajority.org/forum/t-68607/wipo-will-discuss-a-report-on-patents-and-open-standards-next-week
Related:
Copyright activists want Canada to avoid WIPO treaty
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| The Canadian government’s affirmation for copyright reform in this month’s
| throne speech could have implications on technological innovation as well as
| the open source community, according to industry activists.
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http://www.itworldcanada.com/a/Daily-News/bb377ddc-4972-4447-aa9f-3e75a8641bc1.html
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