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[News] Europe's Patent System is Being Hijacked for Software Patenting, Other Abominations

  • Subject: [News] Europe's Patent System is Being Hijacked for Software Patenting, Other Abominations
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 17 Apr 2010 00:13:29 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

EU Patent system taken away from European Court of Justice

,----[ Quote ]
| 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."


Six reasons to oppose the United Patent Litigation System (UPLS)

,----[ Quote ]
| 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.
| [...]




"EPO teaches software programmers they have to read and understand 60.000
patents before writing code"
Version: GnuPG v1.4.9 (GNU/Linux)


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