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Unified Patent Litigation System - Another Secret Project Of The EU Commission?
,----[ Quote ]
| It looks as if this might well be something different than the European
| Patent Judiciary envisaged as counterpart to the EU Community Patent, the
| chances of which to come into life have further deteriorated since Mr
| Topolanek's forced demission. In the absence of further facts, the title
| might be understood as if there has happened some high-level decision to put
| aside or even abolish the well-known project of a European Patent Judiciary
| but to launch negotiations aiming at a more radical approach, e.g. merging
| all national patent courts (also for EP bundle patents and even for national
| patent?) into a single institution ("Unified" Patent Litigation System).
| Otherwise, it might also just be merely a technical turn to include EPC
| Member States not forming part of the EU (e.g. Turkey) into said European
| Patent Judiciary. I don't know if any of the readers of this Blog have a
| particular idea about the meaning of this new EU project.
`----
http://www.ipjur.com/blog2/index.php?/archives/54-Unified-Patent-Litigation-System-Another-Secret-Project-Of-The-EU-Commission.html
Patents: Commission sets out next steps for creation of unified patent
litigation system
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| The European Commission has adopted a Recommendation to the Council that
| would provide the Commission with negotiating directives for the conclusion
| of an agreement creating a Unified Patent Litigation System (UPLS). The UPLS
| would increase legal certainty, reduce costs and improve access to patent
| litigation for businesses, in particular SMEs. The court structure to be
| established in the framework of the UPLS would have jurisdiction both for
| existing European patents and for future Community patents. This constitutes
| a further significant step in the pursuit of the EU's patent reform agenda.
`----
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/460&type=HTML&aged=0&language=EN&guiLanguage=fr
LinexLegal: Business method and software patents: US Bilski decision sends
ripples across pond
,----[ Quote ]
| According to the majority of the United States Court of Appeals for the
| Federal Circuit (CAFC) in Re Bilski, inventions directed to so-called
| business methods' and software-implemented inventions may still be
| patentable but must now overcome an arguably greater obstacle before issuing
| to patent in the US. In setting out the `machine or transformation test' in
| its judgment of 31 October 2008, the CAFC, sitting en banc, appears to be
| moving towards a more European approach to patentability, and away from the
| broader tests of previous US decisions such as the well known State Street
| authority. Bilski could have significant implications for European businesses
| active in Europe as well as the US, at a time when the European Patent Office
| (EPO) and other national European patent offices are also reviewing this
| area. It remains to be seen whether the decision in Bilski will have an
| impact on these future deliberations.
`----
http://www.digitalmajority.org/forum/t-141788/linexlegal:business-method-and-software-patents:us-bilski-decision-sends-ripples-across-pond
"Community patent" is euphemism to banning Free software.
Recent:
Patent litigation reform to cut costs for SMEs
,----[ Quote ]
| The European Commission is seeking powers from EU member states to conclude
| an agreement on a Unified Patent Litigation System (UPLS), which would
| establish a court with jurisdiction for existing European patents and the
| future Community patent system.
|
| [...]
|
| Under the UPLS, the ECJ would rule on preliminary questions raised by patent
| courts regarding the interpretation of EC law and regarding the validity and
| interpretation of acts from the Community institutions. The Commission will
| have to ensure that the rules of any draft agreement are consistent with the
| creation of a Community patentexternal.
`----
http://www.euractiv.com/en/innovation/patent-litigation-reform-cut-costs-smes/article-180628
Patents: EUROCHAMBRES welcomes negotiation mandate for the European Commission
,----[ Quote ]
| Today, the European Commission requested from the Council a negotiation
| mandate on the European and Community Patent Court.
`----
http://www.eubusiness.com/Rd/eurochambres.09-03-25
Bid to secure agreement on patent regime
http://www.europeanvoice.com/article/imported/bid-to-secure-agreement-on-patent-regime/64434.aspx
McCreevy appeals for compromise as Community patent clock continues to tick
down
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| That the commissioner still feels he has to make this point seems to me to be
| a further confirmation that the hoped for breakthrough under the French
| presidency which people were talking about earlier this year is in real
| danger of not taking place. And if it does not happen with France in charge
| of the European Council, then the likelihood of it ever happening must be
| pretty remote.
`----
http://www.iam-magazine.com/blog/Detail.aspx?g=d8855ff7-c91c-48d5-b073-8f1d8aa94507
Protecting innovation in Europe
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/08/532&format=HTML&aged=0&language=EN&guiLanguage=de
European Parliament of Enterprises: Businesses take over Parliament Hemicycle
and vote
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| Commenting on the general outcome of the event, EUROCHAMBRES President Pierre
| Simon said: “The views of an individual business, especially a small or
| medium-sized one, are easy to ignore, but these 750 plus entrepreneurs convey
| the concerns of 23 million businesses across Europe, so their cumulative
| impact is enormous. Policy makers, starting with the European Council
| tomorrow, must take notice of their concerns and work with them closely in
| finding solutions that will enable Europe to come out of recession and
| compete globally.”
`----
http://finchannel.com/index.php?option=com_content&task=view&id=21815&Itemid=8
Surely Shome Mishtake?
,----[ Quote ]
| Got that? After one of the worst economic crises in recent history, caused by
| pyramids of non-existent wealth being constructed on totally fictitious
| financial instruments, they now want to use "intellectual property"
| as "collateral" in commerce - that is, more totally ficitious financial
| istruments to create another pyramid of non-existent wealth.
`----
http://opendotdotdot.blogspot.com/2008/10/surely-shome-mishtake.html
Related:
Term Extension “will damage Commission’s reputation”, top legal advisers tell
Barroso
,----[ 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..."
`----
http://www.openrightsgroup.org/2008/06/18/term-extension-will-damage-commissions-reputation-top-legal-advisers-tell-barroso/
[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.
`----
http://lwn.net/Articles/282000/
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