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EU Patent system taken away from European Court of Justice
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| Business Europe fiercely opposes a role for
| the European Court of Justice (ECJ) in
| patent law. During a conference in the
| European Parliament in Strasbourg, Thierry
| Sueur of Business Europe disclosed the
| United Patent Litigation System (UPLS) was
| aimed to keep the ECJ away from
| interpreting substantive patent law under
| the European Patent Convention (EPC),
| particularly for software patentability.
|
| Hartmut Pilch analysed in 2007: "In July
| 2005, after several failed attempts to
| legalise software patents in Europe, the
| patent establishment changed its strategy.
| Instead of explicitly seeking to sanction
| the patentability of software, they are now
| seeking to create a central European patent
| court, which would establish and enforce
| patentability rules in their favor, without
| any possibility of correction by competing
| courts or democratically elected
| legislators."
|
| Benjamin Henrion, President of the FFII,
| comprehends their concerns: "While the US
| Supreme Court can review decisions of the
| Texas patent courts, this recourse would
| not be available to Europeans. A newly
| created UPLS patent court would have the
| final say over software patentability."
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http://press.ffii.org/Press%20releases/EU%20patent%20system%20taken%20away%20from%20European%20Court%20of%20Justice
Six reasons to oppose the United Patent Litigation System (UPLS)
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| The United Patent Litigation System (UPLS)
| is an international treaty which aims to
| create an international patent court in
| Europe. Here are 6 reasons to oppose the
| United Patent Litigation System (UPLS).
|
| 1. Democracy: this treaty creates a
| court system that won't be balanced by
| elected legislators, turning the
| European Parliament or National
| Parliaments legislators of second zone.
| The legislator won't be elected, and
| won't be able to counter decisions of
| such court. The UPLS creates an
| international patent court outside of
| the European Union legal system, to
| which the European Union would have to
| adhere. Furthermore, the European
| Parliament does not have the power to
| initiate new laws if it wants to counter
| decisions of such a court.
|
| 2. Fundamental rights: No appeal to a
| constitutional court will be possible,
| in case patent law conflicts w ith other
| laws, such as fundamental rights. The
| European Union does not have at the
| moment a Constitution to which European
| citizens and companies could appeal. An
| international patent court such as the
| one created by the UPLS won't allow
| appeal to upper constitutional courts,
| nor national constitutional courts. The
| recent interventions of the US Supreme
| Court against decisions of specialized
| patent courts (CAFC), notably to
| confront patent law with other pieces of
| law, shows that fundamental rights
| should have a place in the judicial
| system, and that patent law does not
| operate in a vacuum.
|
| [...]
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http://epla.ffii.org/forum/t-234508/six-reasons-to-oppose-the-united-patent-litigation-system-upls
Recent:
http://twitter.com/zoobab/statuses/2074655109
"EPO teaches software programmers they have to read and understand 60.000
patents before writing code"
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