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[News] Attempt to Push Sofwtare Patents Into Europe With UPLS is Falling Apart

  • Subject: [News] Attempt to Push Sofwtare Patents Into Europe With UPLS is Falling Apart
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 11 Jun 2010 19:52:29 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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The EU Patent and the Treaty on the Functioning of the European Union - TFEU

,----[ Quote ]
| This TFEU is a monster. I do commiserate 
| with the Judges who are confronted with the 
| inescapable duty to make sense of all that. 
| In the above text I merely have picked up 
| some of the contributions made. See the 
| full text in the minutes of the Hearing as 
| linked above to enjoy the full spectrum of 
| legal arguing as presented in Luxemburg.
| 
| Obviously the points made by the opponents 
| of the PC are least partially seen even by 
| the supporters. For me as a humble Patent 
| Attorney it appears to be entirely open as 
| to whether or not the Court might accept 
| the golden argumentative bridges built by 
| various Governments (see above for the 
| German version) in order to make the 
| overall construct looking compatible with 
| the EU Treaties.
| 
| There is even arguing that - at least in 
| the present phase of lawmaking - the 
| referral is inadmissible.
| 
| What I don't understand is this: Why on 
| earth did various EU Member States press in 
| the negotiations so hard to include 
| countries which are not EU Member States? 
| It would have been a titanic effort to push 
| through a EU Patent plus a EU Patent Court 
| exclusively for EU Member States. But the 
| complexity which now has been arranged by 
| the decision of the EU Council to include 
| non-EU countries is sheer overwhelming.
`----

http://www.ipjur.com/blog2/index.php?/archives/159-The-EU-Patent-and-the-Treaty-on-the-Functioning-of-the-European-Union-TFEU.html

UPLS: "We will fight them on the beaches ..." 

,----[ Quote ]
| The Court of Justice of the European Union 
| has received submissions in Opinion 1/09 
| Unified patent litigation system. In this 
| Report for the Hearing, almost all 
| possibilities regarding the legality of the 
| proposed unified patent litigation system 
| are contemplated:
| 
|     "16 The observations submitted argue 
|     one of the following: (i) that the 
|     request for an opinion is inadmissible 
|     or (ii) that the draft agreement is 
|     incompatible with the Treaty 
|     [establishing the European Community] 
|     or (iii) that it is necessary to make 
|     amendments to the draft agreement in 
|     order to ensure its conformity with the 
|     Treaty or (iv) that the draft agreement 
|     is compatible with the Treaty".
`----

http://patlit.blogspot.com/2010/05/upls-we-will-fight-them-on-beaches.html

Proceedings Of The Court of Justice of the European Union On EU Patent

,----[ Quote ]
| In some earlier posting I had reported 
| that, on the occasion of the 2945th session 
| of the Council of the European Union - 
| Competitiveness Configuration (Internal 
| Market, Industry and Research) - held on 
| May 28, 2009, and in accordance with a 
| Presidency proposal, a decision was taken 
| to allow for a re-examination by the 
| European Court of Justice (now: Court of 
| Justice of the European Union)  of the 
| compatibility of the drafted agreement on a 
| single court system for solving patent 
| disputes. However, the EU Council did not 
| publish any Documents from which the gist 
| of the questions put before the ECJ could 
| be derived.
`----

http://www.ipjur.com/blog2/index.php?/archives/156-Proceedings-Of-The-Court-of-Justice-of-the-European-Union-On-EU-Patent.html

âStaff at the European Patent Office went on strike accusing the organization
of corruption: specifically, stretching the standards for patents in order to
make more money.â

âOne of the ways that the EPO has done this is by issuing software patents in
defiance of the treaty that set it up.â

                                                --Richard Stallman



Recent:

EU Community Patent And UPLS: Will There Be A Political Breakthrough Soon?

,----[ Quote ]
| The Intellectual Property Expert Group
| (ipeg) are feeding hopes in their Blog that
| the Swedish EU Presidency might be lucky
| enough to successfully forge some sort of
| political compromise on the EU Community
| Patent as well as on the Unified Patent
| Litigation System (UPLS) later this year.
`----

http://www.ipjur.com/blog2/index.php?/archives/133-EU-Community-Patent-And-UPLS-Will-There-Be-A-Political-Breakthrough-Soon.html


The Copyright Ratchet Racket Explained

,----[ Quote ]
| I and many others have noted how changes in
| copyright law only ever work in one
| direction: to *increase* copyright's term
| and to give greater powers to copyright
| holders. In effect, it's a ratchet. But
| until now, I've not seen a good explanation
| of what's driving all this (although I had a
| pretty good idea). The motor behind the
| ratchet (assuming such mixed metaphors are
| permitted) is harmonisation:
|
|     Simply put, âharmonizationâ is a concept
|     whereby the intellectual property laws
|     of different countries are made
|     consistent, mostly to facilitate
|     international trade and business. The
|     concept of harmonization is not unusual;
|     almost all the states and territories in
|     this country are signatories to the
|     Uniform Commercial Code (UCC), a model
|     law in the U.S. that makes consistent
|     (or âharmonizesâ) the law of contracts,
|     sales, banking, and secured
|     transactions. This allows firms in one
|     state to reasonably, predictably, and
|     consistently do business with firms in
|     another state.
`----

http://opendotdotdot.blogspot.com/2009/11/copyright-ratchet-racket-explained.html


Reform of Europe's patent system moves a step closer

,----[ Quote ]
| Changes to Europe's costly and fragmented patent system have edged a step
| closer after EU industry ministers agreed formally to ask the European Court
| of Justice for its opinion on a potential overhaul.
|
| Ministers, meeting in Brussels yesterday, said they would consult Europe's
| top court on the legality under EU law of introducing specialist courts to
| handle patent disputes along with a so-called "community patent".
|
| The latter - which would be a single intellectual property right that would
| apply across Europe - has been an elusive goal for decades.
`----

http://www.ft.com/cms/s/0/cc4715a4-4be8-11de-b827-00144feabdc0.html?nclick_check=1


EU states consult top court on patent litigation

,----[ Quote ]
| European Union states agreed on Thursday to ask the bloc's top court whether
| draft plans to cut the cost of defending patents in a new system of courts
| would be compatible with EU law.
`----

http://www.guardian.co.uk/business/feedarticle/8530149
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