[Ecommerce] [Fwd: FW: software patent - from FT]

Michelle Childs michelle.childs@cptech.org
Tue Jun 21 12:25:01 2005


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---------------------------- Original Message ----------------------------
Subject: FW: software patent - from FT
From:    "Cornelia Kutterer" <cornelia.kutterer@beuc.org>
Date:    Tue, June 21, 2005 12:07 pm
To:      ip@tacd.org
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FYI

> IT groups win EU ruling on patents
> By Tobias Buck in Brussels
> Published: June 20 2005 19:57 | Last updated: June 20 2005 19:57
>  <<Picture (Metafile)>>
> Big technology groups such as Nokia, Siemens and Philips scored a
significant victory on Monday night, when a key European parliament
committee rejected plans that would have curtailed their ability to win
patents for their inventions.
> In a narrow and keenly awaited decision, the parliament's legal
> affairs committee threw out proposals for a sweeping overhaul of a
controversial European Union proposal known as the software patents
directive.
> Most importantly, they voted down the overwhelming majority of
> amendments that would have made it more difficult for companies to win
patent protection for software-related inventions.
> The vote still has to be confirmed by the entire parliament in early
July, although MEPs tend to follow the decision ofthe committee. EU
member states would then have to give their approval for the draftlaw,
though no-one expects national governments to put up resistance. Mark
MacGann, president of Eicta, an association of technology groups that
support patents, said: "European industry is satisfied with the outcome
of today's vote. We will now urge the entire parliament to follow suit.
It is a pretty good result."
> Eicta's members include companies such as EADS, Intel
> <http://mwprices.ft.com/custom/ft-com/quotechartnews.asp?FTSite=FTCOM&
q=INTC&searchtype&expanded=&countrycode=us&s2=us&symb=INTC&company=NEW
> > , Microsoft
> <http://mwprices.ft.com/custom/ft-com/quotechartnews.asp?FTSite=FTCOM&
q=MSFT&searchtype&expanded=&countrycode=us&s2=us&symb=MSFT&company=NEW
> > , Motorola
> <http://mwprices.ft.com/custom/ft-com/quotechartnews.asp?FTSite=FTCOM&
q=MOT&searchtype&expanded=&countrycode=us&s2=us&symb=MOT&company=NEW> ,
Nokia, Philips, SAP, Siemens, Sony and Sun.
> Monday's vote marks a turning point in the protracted battle over the
law, which has split the software industry and sparked severe
> recriminations.
> Big information technology companies are in favour of a generous patent
regime that allows companies to register patents for a wide range of
software-related inventions. They argue that intellectual property
rights provide incentives for companies to innovate and invest in
research and development.
> Businesses with a valuable portfolio of patents also fear that a more
restrictive regime would remove patent protection from possibly tens of
thousands of existing inventions.
> But their opponents many of which are smaller software companies or
individual developers have argued that patents tend to hurt smaller
market players by concentrating patents in the hands of a few big
groups.
> Smaller companies are particularly concerned that the new directive
might allow patents on "pure" software simple lines of code that make
up, for example, Microsoft's Windows operating system. Some argue that
such patents could severely restrict innovation because they would
prevent developers from building on widely used lines of codeto create
new applications and programmes.
> Though the draft directive explicitly excludes patents on pure
> software, critics feel the proposal's language is too hazy to exclude
that threat. A large number of members of the European parliament had
previously voiced similar fears and many had believed yesterday's vote
would go differently.
> http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html



--
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
PO Box 19367, Washington, DC 20036, USA
Tel.:  1.202.387.8030, fax: 1.202.234.5176

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


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FYI

IT groups win EU ruling on patents
By Tobias Buck in Brussels
Published: June 20 2005 19:57 | Last updated: June 20 2005 19:57
Picture (Metafile)
Big technology groups such as Nokia, Siemens and Philips scored a significant
victory on Monday night, when a key European parliament committee rejected
plans that would have curtailed their ability to win patents for their
inventions.

In a narrow and keenly awaited decision, the parliament's legal affairs
committee threw out proposals for a sweeping overhaul of a controversial
European Union proposal known as the software patents directive.

Most importantly, they voted down the overwhelming majority of amendments that
would have made it more difficult for companies to win patent protection for
software-related inventions.

The vote still has to be confirmed by the entire parliament in early July,
although MEPs tend to follow the decision ofthe committee. EU member states
would then have to give their approval for the draftlaw, though no-one expects
national governments to put up resistance.

Mark MacGann, president of Eicta, an association of technology groups that
support patents, said: European industry is satisfied with the outcome of
today's vote. We will now urge the entire parliament to follow suit. It is a
pretty good result.

Eicta's members include companies such as EADS, Intel[1], Microsoft[2],
Motorola[3], Nokia, Philips, SAP, Siemens, Sony and Sun.
Monday's vote marks a turning point in the protracted battle over the law,
which has split the software industry and sparked severe recriminations.

Big information technology companies are in favour of a generous patent regime
that allows companies to register patents for a wide range of software-related
inventions. They argue that intellectual property rights provide incentives
for companies to innovate and invest in research and development.

Businesses with a valuable portfolio of patents also fear that a more
restrictive regime would remove patent protection from possibly tens of
thousands of existing inventions.

But their opponents many of which are smaller software companies or individual
developers have argued that patents tend to hurt smaller market players by
concentrating patents in the hands of a few big groups.

Smaller companies are particularly concerned that the new directive might
allow patents on pure software simple lines of code that make up, for example,
Microsoft's Windows operating system. Some argue that such patents could
severely restrict innovation because they would prevent developers from
building on widely used lines of codeto create new applications and
programmes.

Though the draft directive explicitly excludes patents on pure software,
critics feel the proposal's language is too hazy to exclude that threat. A
large number of members of the European parliament had previously voiced
similar fears and many had believed yesterday's vote would go differently.

http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html[4]

===References:===
  1. http://mwprices.ft.com/custom/ft-com/quotechartnews.asp?FTSite=FTCOM&amp;q=INTC&amp;searchtype&amp;expanded=&amp;countrycode=us&amp;s2=us&amp;symb=INTC&amp;company=NEW
  2. http://mwprices.ft.com/custom/ft-com/quotechartnews.asp?FTSite=FTCOM&amp;q=MSFT&amp;searchtype&amp;expanded=&amp;countrycode=us&amp;s2=us&amp;symb=MSFT&amp;company=NEW
  3. http://mwprices.ft.com/custom/ft-com/quotechartnews.asp?FTSite=FTCOM&amp;q=MOT&amp;searchtype&amp;expanded=&amp;countrycode=us&amp;s2=us&amp;symb=MOT&amp;company=NEW
  4. http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html

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