US-Peru Free Trade Agreement to require software patents?
Forum » Front-page / Software Patents » US-Peru Free Trade Agreement to require software patents?
Started by: zoobabzoobab
On: 1195464009|%e %b %Y, %H:%M %Z|agohover
Number of posts: 4
rss icon RSS: New posts
Summary:
The Free Software Foundation is warning on its frontpage that the US-Peru Free Trade Agreement is requiring a mandate for software patents. Does someone has a copy of the text?
US-Peru Free Trade Agreement to require software patents?
zoobabzoobab 1195464009|%e %b %Y, %H:%M %Z|agohover

The FSF (Free Software Foundation) is displaying a message on top of their frontpage:

Everyone in the US: phone your senators' offices at 202-224-3121 to oppose the US-Peru "Free Trade" Treaty. It requires software patents and something like the DMCA. (Not to mention other harmful effects on other areas of life.)

Does someone has a copy of the FTA text?

Last edited on 1195464063|%e %b %Y, %H:%M %Z|agohover By zoobab + Show more
Reply  |  Options
Unfold US-Peru Free Trade Agreement to require software patents? by zoobabzoobab, 1195464009|%e %b %Y, %H:%M %Z|agohover
Re: US-Peru Free Trade Agreement to require software patents?
zoobabzoobab 1195464524|%e %b %Y, %H:%M %Z|agohover

Here it is:

http://www.ustr.gov/Trade_Agreements/Bilateral/Peru_TPA/Final_Texts/Section_Index.html

11. Each Party shall provide that a claimed invention is industrially applicable if it has a specific, substantial, and credible utility.

They try to redefine industrial application with broad terms, like the Commission was doing during the software patent directive:

Why clarify industrial ?

It's normally interpreted by the patent office, and by the courts in the member states, as meaning that it is susceptible to be used in a way, if we like, if I can put it like this, which, in a way which makes money. — Anthony Howard, DG Internal Market, JURI debate of 16th June 2003

Last edited on 1195489604|%e %b %Y, %H:%M %Z|agohover By zoobab + Show more
Reply  |  Options
Re: US-Peru Free Trade Agreement to require software patents?
phmphm 1195762274|%e %b %Y, %H:%M %Z|agohover

It is quite evident that they are trying, by means of bilateral treaties, to restrict Peru's freedom to interpret Art 27 TRIPs.

I haven't looked, is there also a clause that restricts the way in which the "technology" and "invention" concepts can be interpreted?

Unfold Re: US-Peru Free Trade Agreement to require software patents? by phmphm, 1195762274|%e %b %Y, %H:%M %Z|agohover
Re: US-Peru Free Trade Agreement to require software patents?
andreasrandreasr 1197394443|%e %b %Y, %H:%M %Z|agohover

Article 16.9.1: "Each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application. …"

This is word by word equal to TRIPS Art 27.1.

Article 16.9.1 (continued): "… For the purposes of this Article, a Party may treat the terms “inventive step” and “capable of industrial application” as being synonymous with the terms “non-obvious” and “useful,” respectively."

It seems here the USA don't want to force their interpretation of "inventive step" and "capable of industrial application" on Peru.

There is also a footnote on Article 16.9.11, which has been left out by zoobab:

Article 16.9.11: "Each Party shall provide that a claimed invention is industrially applicable if it has a specific, substantial, and credible utility.,16," […]
"16 For greater certainty, this paragraph is without prejudice to paragraphs 1 and 2."

I am confused. What does this mean? If something is simply of use it may be regarded as industrially applicable, but if it is of specific, substantial and credible use than it must be regarded as industrially applicable?

I have found nothing that would restrict the meaning of "technology".

The whole FTA seems very similar to CAFTA. I can see that it would make it harder to reject software patents but I can't see why it would require software patents.

Last edited on 1197402574|%e %b %Y, %H:%M %Z|agohover By andreasr + Show more
Reply  |  Options
New Post