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[News] EU Cronies Still Try to Legalise Software Patents (But Caught Red-handed)

  • Subject: [News] EU Cronies Still Try to Legalise Software Patents (But Caught Red-handed)
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sun, 29 Mar 2009 01:15:06 +0000
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/0.10.9
Hash: SHA1

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.            


Patents: Commission sets out next steps for creation of unified patent
litigation system 

,----[ Quote ]
| 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.       


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.            


"Community patent" is euphemism to banning Free software.


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.


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.


Bid to secure agreement on patent regime


McCreevy appeals for compromise as Community patent clock continues to tick

,----[ Quote ]
| 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.


Protecting innovation in Europe


European Parliament of Enterprises: Businesses take over Parliament Hemicycle
and vote

,----[ Quote ]
| 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.”


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.



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..."


[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.

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