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[News] WIPOAA Maximalists Get a Lesson from Free Software Leaders

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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.    


FSFE statement at WIPO SCP/13 re/exceptions and limitations 


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.   


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.


WIPO Patent Committee To Consider Four New Reports, Global Challenges 


WIPO is a 'front' for companies thatmonopolise with pieces of paper.


Concerns Voiced At WIPO Over Potential Conflicts Between IP And Standards

,----[ Quote ]
| “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.


Statement by the United States on patents and standards at WIPO patent

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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”.


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.”


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...



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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