[Ecommerce] software patent directive rejected

[Michelle Childs]

---------------------------- Original Message ----------------------------
Subject: [ipr] software patent directive down
From:    "Veni Markovski" <veni@veni.com>
Date:    Wed, July 6, 2005 7:57 am
To:      ipr@mailhost.soros.org
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http://www.businessweek.com/ap/financialnews/D8B5RKT80.htm?campaign_id=apn_home_down



Europe Parliament nixes software patent law

JUL. 6 7:03 A.M. ET The European Parliament on Wednesday rejected a
proposed law to create a single way of patenting software across the
European Union, a blow to big companies who had pushed hard for its
adoption.

The so-called software patent directive, rejected by a 648-14 vote  with
18 abstentions, would have given companies EU-wide patent
protection for computerized inventions ranging from programs for
complex CAT scanners to ABS car-brake systems. Currently, patent
disputes are handled by individual member states.

The protection would also have extended to computer programs, but  only
when the software is used in the context of realizing inventions.

But lawmakers said the measure would stifle enterprise and did not
promote innovation, and that human knowledge can't be patented. The  move
kills the legislation since the EU head office, which had
drafted it, does not plan to set forth a new version.

"Patents will continue to be handled by national patent offices ...  as
before, which means different interpretations as to what is
patentable, without any judiciary control by the European Court of
Justice," said EU External Relations Commissioner Benita
Ferrero-Waldner, representing the EU head office at the vote.

Wednesday's vote was preceded by weeks of massive lobbying between  big
businesses and free software believers.

Companies such as Nokia Corp. and Siemens AG have fought hard for
adoption of the bill, saying they need to invest in research and
development.

Open-source advocates have campaigned against it, saying that
individuals and small businesses could be bankrupted by expensive  legal
battles with software giants over fuzzy patent law.

Many members of the European Parliament feared the bill would limit  the
development of new software in Europe, especially by small
businesses. They also wanted more clarity on the criteria for what  types
of software could and could not be patented.

Some 178 amendments to the bill were tabled by lawmakers before the  vote.
In the end parliament decided to vote down the law, fearing the
amendments would dilute it and make it an inadequate compromise.

"It was a mess. Better no directive than a bad directive," said Tony
Robinson, spokesman for the Socialist group in parliament.

EICTA, a group representing 10,000 companies including Nokia and
Alcatel SA which had been lobbying for the bill, said the decision to
scrap it was wise, given the large number of amendments that
threatened to severely narrow the scope of the legislation.

The bill would have stopped short of the U.S. system that allows
patenting of business methods or computer programs such as Amazon.com
Inc.'s "one-click" shopping technique, which gives consumers a quick
system to buy goods on its Web site.

The European Commission has made the patent law an essential part of  its
economic reform.




--
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