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[News] Microsoft Attacks Linux Using Last Resort, WIPO Still Clueless

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Microsoft Launches Patent Offensive Against Linux


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. 


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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