Software Patents: Charlie McCreevy says "EPLA needs significant improvements"

Bookmark

Recent stories

1246642471|%e %b %Y, %H:%M %Z — The Bilski test was invented by IBM: By reading the Amicus Brief of IBM to the CAFC, it is pretty clear that the machine tranformation test which allows software patents and ban business method patents was invented by IBM lawyers. (Comments: 0)

1245674081|%e %b %Y, %H:%M %Z — USPTO refuses to disclose Bilski's pending patent application: The US Supreme Court will soon hear Bilski on why software and business method patents are so good for the US economy. I was trying to find out where the Bilski's pending patent application was published, and I ended up writing to the new USPTO President and ex-IBM David Kappos. I finally got an answer from a USPTO official that the Bilski's pending patent application cannot be seen by the public. (Comments: 0)

1244544547|%e %b %Y, %H:%M %Z — Patent expert Alison Crofts says EPLA is pushed by pro-software patents lobby: In its edition of IP Value 2007, the Intellectual Asset Magazine (IAM) was publishing an article about the Reform of European Patent System, where an expert mentions that the push for the EPLA is coming from the pro-software patents lobby. (Comments: 0)

1244147053|%e %b %Y, %H:%M %Z — European Patent Office refuses spanish amicus brief against software patents: Alberto Barrionuevo, CEO of the small spanish software company OpenTIA and ex-president of the FFII, had submitted an amicus brief to the Enlarged Board of Appeal in spanish. The European Patent Office has notified him that they are refusing his letter because it was not written in one of the 3 official languages of the EPO. (Comments: 0)

1242135050|%e %b %Y, %H:%M %Z — European Commission pushes for software patents via a trusted court: The European Commission is pushing for software patents via a centralised trusted patent court that would be created with the United Patent Litigation System (UPLS), an international treaty that would remove national courts. This court system would be shielded against any review by the European Court of Justice (ECJ). Thus patent judges would have the last word on software patents. (Comments: 5)

1240399523|%e %b %Y, %H:%M %Z — Conference on "Make software patents work for SMEs": The European Commission is organising a conference dedicated to "Make IPR work for SMEs" next Monday in Brussels. You can here submit your questions for next Monday on how to "Make software patents work for SMEs". (Comments: 2)

1240230341|%e %b %Y, %H:%M %Z — Stallman: "The EPO is a corrupt and malicious organisation which should not exist": Last Wednesday, farmers and software developers were demonstrating in Munich in front of the European Patent Office. Richard Stallman was describing the European Patent Office as a "corrupt and malicious organisation which should not exist". (Comments: 0)

1239751672|%e %b %Y, %H:%M %Z — The ACTA draft treaty is covering patent infringement: Wikileaks has published some drafts of the secret ACTA treaty, which aims to give better guns to Patent Trolls. The draft mentions that it covers all the rights covered by TRIPS, so it will cover also patents. (Comments: 2)

1239532365|%e %b %Y, %H:%M %Z — Secret European Union mandate to negotiate ACTA leaked: fears confirmed: The secret European Union mandate to negotiate the Anti-Counterfeiting Trade Agreement (ACTA) was leaked. Member of the European Parliament Jens Holms said the document has confirmed his fears. (Comments: 1)

1239036951|%e %b %Y, %H:%M %Z — Call the Obama administration and ask for your copy of ACTA now!: The Obama administration wants to be called about the status of negotiations of ACTA. Call the Obama administration and ask for your copy of ACTA now! (Comments: 2)

1238581288|%e %b %Y, %H:%M %Z — FFII and EPO announce "Binaries-As-Prior-Art": After years of confidential work, the European Patent Office (EPO) and the Foundation for a Free Information Infrastructure (FFII) today announce a radical way to improve software patent quality: Binaries-As-Prior-Art, or BAPA. BAPA combines a database of billions of compiled computer programs ("binaries") with a powerful Cloud search engine that can find any invention in microseconds. (Comments: 0)

1238160980|%e %b %Y, %H:%M %Z — The Conspiracy of Silence: The greatest threat to the global movement to abolish software patents is not the patent trolls or legacy businesses, but the conspiracy of silence from those on "our side" of the debate. (Comments: 4)

On 21 November, 2006 McCreevy (European Commissioner for Internal Market and Services) spoke to the European Parliament JURI Committee, the Committee on Legal Affairs.

He started,

Mr Chairman, Honourable Members,

And talked for some time about the single market, company law and governance, and then came to the meat, intellectual property.

The protection of intellectual and industrial property — copyrights, patents, trademarks or designs — is at the heart of a knowledge-based economy and central to improving Europe's competitiveness. This is a priority for reform: grounded on sound economics, not just legal concepts, and concentrating on solutions that foster innovation and investment in real life.

On patents, there is an overwhelming desire for a system which is simpler, more cost-effective and that maintains the highest standards in the quality of its examination and grant procedures. All stakeholders went to great length to convey their views to us. Now, quite rightly, they expect action. This was the gist of my message to the plenary where I addressed this issue on 28 September.

The Commission will shortly be publishing a Communication setting out our proposals for the short and longer term. The initial focus will be on jurisdictional arrangements. We have carefully assessed Parliament's resolution of 12 October on future patent policy in Europe. I share Parliament's wish to explore all possible ways of improving the patent and patent litigation systems in the EU.

I agree that the proposed text for a European Patent Litigation Agreement (EPLA) needs significant improvements in order to bring it in line with Community requirements. I have taken note of concerns about democratic control, judicial independence and litigation costs under the current EPLA proposals. We also believe that there is a need for common implementing provisions such as uniform Rules of Procedure. And we are aware of the constitutional requirements and limitations of certain Member States. The specific concerns of SMEs also need to be taken into account.

My intention is to harness the momentum in the search for a workable compromise. The Community Patent and the EPLA are not mutually exclusive initiatives, indeed our aim should be to ensure that they eventually converge with the Community patent as the ultimate objective.

In both cases our goal is the same: a better, cheaper, more reliable patent system. And we need to deliver now in order to catch up with Europe's main competitors in terms of promotion of innovation and competitiveness. That is what industry expects from us.

But intellectual property is not just patents alone. Copyright is economically just as important.

As you may be aware, the Commission will shortly bring forward an initiative on copyright levies. There has been a great deal of discussion about this measure – not all of it has been well-informed – so I am very pleased to have this opportunity to explain my thinking to the Committee.

We have monitored the application of the Copyright Directive carefully since its adoption in 2001. We have had several consultation exercises, including on the specific question of fair compensation and copyright levies - I was pleased to send the most recent questionnaire to the Committee before the summer. As a result of this work, we have identified a number of problems.

Our point of departure is very clear. We are not in any way challenging the fair compensation provisions of the Directive. Where a rights holder suffers harm as a result of the private copy exception, they should be remunerated.

The Commission has made clear its strong commitment to creativity and innovation, and has stressed the need to have systems in place to ensure that it is properly rewarded. This applies every bit as much in the copyright industries as in any other sector.

However, we are concerned that the operation of some fair compensation schemes may be disrupting trade in the internal market. We also wonder whether consumers are getting as fair a deal as they should, and whether full account is being taken of the increased use of technological means to protect copyright protected works. We also feel that greater clarity and accountability in how schemes operate is in the best interests of all stakeholders.

We are looking for a balanced way forward that protects the interests of all concerned – rights holders, industry, consumers. We want a system of compensation that is predictable, fair and sustainable into the future.

The full text of McCreevy's speech is here.

As usual, Commission's prophecies need exegesis.

Commission will continue to push for EPLA. The Parliament has been very kind to address this question and can be sured than Commission will do its best to find the good wording, so that Commission's proposals will look like EP's concerns are addressed. Everybody knows that Community Patent is a dead project and will be obsolete with EPLA, but Commission's proposals won't forget to say that the EPLA solution, drafted by EPO bureaucrats, is only a step to the final goal, i.e. Community Patent, drafted by EU bureaucrats. This is very important that EU bureaucrats feel that they are best.

Consumers are becoming aware that with EUCD and the sacralization of DRMs, private copy is something dependant on Vivendi-Universal, EMI, Warner, Disney & Cie's will. And these consumers are still paying some levies to compensate private copy. We have to remove these levies quickly or they could be questionning DRMs.

OK, OK, it's a little bit sarcastic. There are some good intentions (like the assessement of Parliament's concerns in its resolution of 12 October) in this McCreevy's speech, but still, we have to monitor how these intentions will be translated into proposals. Even inside the Commission, McCreevy is hardly trusted…

Digital Majority

Navigation

Utils

This is innovation?

Bookmark

Recent stories