[Ecommerce] CCIA Warns Against Handing Innovation Policy to Patent Institutions

[Michelle Childs]

This is an interesting and helpful counterpoint to the major patent owners
views in the EU. It maybe worth noting for future reference that the EPO,
is the European Patent Office not European Patent Organisation.

Michelle
> Subject: CCIA Warns Against Handing Innovation Policy to Patent
> Institutions
> To: "Press Contacts: Technology" <"Press_Contacts:_Technology%
> CCIANET"@ccianet.org>
> Date: Tue, 26 Sep 2006 11:15:09 -0400
>
> *** MEDIA ADVISORY***
>
>
> Media Contact:
> Hunter McIntosh +1 202 783 0070 x-113
> Ed Black +1 202 783 0070
>
> FOR IMMEDIATE RELEASE
> September 26, 2006
>
>      CCIA Warns Against Handing Innovation Policy to Patent Institutions
>
> Washington, DC - In a letter addressed to Members of the European
> Parliament, the Computer & Communications Industry Association bluntly
> warned against the creation of a system of patent courts under the
> auspices
> of the European Patent Organization and national patent agencies.
> =89=A5=FEEuropean policymakers are being asked to follow the U.S. model =
=D0 a
> specialized patent appeals court =D0 un unadvised of the problems the
> U.S. model
> has created, especially for producers of software and information
> technology,=89=A5=FF warned Ed Black, President and CEO of CCIA.
>
> Ironically, Internal Market Commissioner Charlie McGreevy has
> endorsed the
> proposed European Patent Litigation Agreement (EPLA), even though the
> patent courts would be independent of the European Union and create
> precedent for more independent institutions. In the United States,
> decisions of the specialized Court of Appeals for the Federal Circuit
> can
> be directly appealed to the Supreme Court or to Congress.  However,
> there
> would be no judicial review or democratic review of the European Patent
> Court decisions.  Said Black: =89=A5=FEAstoundingly, the Commissioner is
> arguing
> for his irrelevance =D0 or rather the irrelevaance of his successors.=89=
=A5=FF
>
>   =89=A5=FEEPLA=89=A5=FAs supporters are experts in obtaining patents, no=
t
> innovation,=89=A5=FF
> observed Mark Webbink, Deputy General Counsel for Red Hat, a CCIA
> member.
> =89=A5=FEPatent systems do not monitor economic results =D0 how patents a=
ffect
> competition and innovation inn the real world.  Without this
> accountability,
> an insulated patent system is bound to serve its own professional and
> institutional interests, and the proposed European system would be
> far more
> autonomous and insular than U.S. system.=89=A5=FF
>
> =89=A5=FEA specialized patent court makes its mark on the world by
> championing its
> speciality,=89=A5=FF added Black.  CCIA has been critical of the Federal
> Circuit
> for making patents easy to get, easy to assert, more potent, and
> available
> for any subject matter.  It has become virtually impossible for
> innovators
> in information technology to avoid inadvertent infringement, while
> patent
> litigation has grown astronomically expensive.
>
> While litigation in Europe is generally not as costly as the United
> States,
> EPO figures show that cost would likely grow under EPLA.  And these
> figures
> do not even reflect the fact the new freestanding European Patent Courts
> would have to be fully funded by its own fees to survive.  Webbink
> warned:
> =89=A5=FEAll this is bad news for small firms who already lack the
> resources to
> avoid infringement or defend themselves against the rising tide of
> patent
> trolls.=89=A5=FF
>
>
> (Se
>                                     # # #
> About CCIA
> CCIA is an international, nonprofit association of computer and
> communications industry firms, representing a broad cross section of the
> industry. CCIA is dedicated to preserving full, fair and open
> competition
> throughout our industry. Our members employ more than 600,000 workers
> and
>
> ************************************************
> Manon Anne Ress
> manon.ress@cptech.org,
> www.cptech.org
>
> Consumer Project on Technology
> 1621 Connecticut Ave, NW, Washington, DC 20009 USA
> Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673
>
> Consumer Project on Technology
> 1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
> Tel: +41 22 791 6727
>
> Consumer Project on Technology
> 24 Highbury Crescent, London, N5 1RX, UK
> Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607
>
>
>
>
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--
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