[A2k] Software patents back to haunt Europe

[Michelle Childs]

http://www.theregister.co.uk/2006/09/22/europe_patent/

Software patents back to haunt Europe

Brussels braces for the next battle

By Lucy Sherriff → published Friday 22nd September 2006 15:59 GMT

 Intellectual property lobbyists are warning that new plans to shake up
Europe's policy on patents could put patentable software back on the
menu, as well as upping legal fees and putting small businesses in
jeopardy.

Last year, the European parliament spectacularly voted to reject the
proposed directive on Computer Implemented Inventions (CII) after
anti-patent campaigners argued the bill was too broad in its scope.

 Now, just over 12 months later, the issue looks set to return as the
European Parliament is scheduled to vote next month on two motions for a
resolution on European policy on patenting.

One proposal, the European Patent Litigation Agreement, essentially calls
for the harmonising of patent laws across signatory states. It would mean
an integrated judicial system and appeals process.

Parliament is due to vote on the proposal on 11 October, but three
political organisations have filed a motion calling for "balance between
the interests of patent holders...and of the public".

The draft has already been strongly criticised by anti-patent campaigners
and businesses alike.

The three groups fighting the proposal now, the Greens, the European
Socialists, and the GUE/NGL group, argue that it will increase litigation
costs and, according to the critics, expose small and medium sized
businesses to greater risks.

Critics also warn it would give too much power to the EPO, which hasn't
got the best track record on granting software patents, without a
corresponding increase in accountability.

Internal market commissioner Charlie McCreevy has been accused of ducking
questions on the proposal. The Foundation for a Free Information
Infrastructure issued a statement describing McCreevy's responses to
Parliamentary questions about the draft agreement as "a boiler plate
text".

"In a series of six non-answers to members of the European parliament, the
commission reveals that until now it is unable to comment on cost,
judicial independence, jurisprudence, and treaty-related concerns.
Meanwhile, McCreevy keeps praising the virtues of said draft agreement,"
the group said.

Instead of more litigation, it argued, Europe needs a better patent office.

PES spokeswoman for legal affairs Maria Berger and former French prime
minister Michel Rocard said in a statement: "We are all for improvements
to the European patent system, but we must continue the search for
solutions within the framework of the EU. That includes the need for
democratic control and truly independent courts." =AE



--
Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
24, Highbury Crescent, London, N5 1RX,UK.
Tel:+44(0)207 226 6663 ex 252.
Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
http://www.cptech.org

Consumer Project on Technology in Washington, DC
1621 Connecticut Ave, NW, Washington, DC 20009 USA .Tel.:
+1.202.332.2670,Fax: +1.202.332.2673

Consumer Project on Technology in Geneva
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727