Bonum Certa Men Certa

'IP' People Want to Add Software Patents to New Zealand and Europe

New Auckland montage
Picture by Taifarious1, Creative Commons Attribution-ShareAlike 3.0 License.



Summary: Another update from New Zealand and interesting developments from Europe, where Spain stands in Michel Barnier's way

THE patent situation in New Zealand currently resembles the situation in Europe. Multinationals and lawsuits-loving lawyers are trying to use or even abuse the system for their own agenda to be advanced and interests promoted at the expense of citizens' (including developers). We find some of these people in Twitter. "Twitterer suggest general dislike of patents is crypto-luddism," writes Carlo Piana, but "It's the opposite: current system stifles innovation. [Software patents] hundredfold so..."



The legal 'industry' in New Zealand has been promoting software patents in New Zealand not because they would be beneficial to the software industry (which overwhelmingly rejects them, based on numerous new polls). Someone called "IPMentor" (probably from the field of law, as the name may suggest) has just gotten this opinion published in the press. It contains many common fallacies in there (mostly easy to spot). To give one example:

The Uniservices conclusion is just about opposite to the MED policy driver behind the current Bill – patents are to be discouraged because their benefits will flow overseas.

And what of the software ban? Well, the select committee has had a bit of a bob each way. The amended Bill bans patents for “computer programs.” But the explanatory note says their intention is not to ban patents for “embedded software” – and then says trying to define the difference between the two was too hard, so the intellectual property office should be left to draft appropriate guidelines.


No, a bill which permits software patenting would have the completely opposite effect because it would put New Zealand in a position of disadvantage, it gives its developers no safety from outside coercion. Ideally, the Bill should not just ban software patents; there are loopholes which need to be closed too, ones involving phrases or depictions like "on a device".

Over in Europe, a debate takes place regarding software patents as well. It seems like Florian was the first to cover it.

I participated in the KnowRiۤht conference in Vienna, Austria, where I was invited on ultrashort notice to give a speech on "Software Patents, Standards & Competition".

The big controversy at that conference clearly related to the future of the European patent (and patent court) system. I will report on that in a later post. Previously I'd like to summarize the outline of intellectual property rights matters on the EU agenda that a European Commission official gave at the conference.

Before I get into details of Dr. Jens Gaster's comments, I have to mention that he pointed out at the beginning of his speech that he was not acting as a spokesman of the institution that employs him (the European Commission) but instead in a personal capacity as a lecturer. It was an academic conference and Dr. Gaster continues to pursue an academic career in addition to his work for the Commission.


There is more here about the FFII's presentation (titled "What's wrong with the UPLS?").

The FFII criticizes that an incredibly powerful, international patent and patent court system would then be able to take controversial decisions while there wouldn't be a single powerful and democratically elected legislator that could correct undesirable developments through new and better laws.

The FFII doesn't mean that the judges themselves should be under democratic control (judges should always be as independent from political bodies as possible) but that there should be a lawmaking body that can pass new legislation related to all aspects of patent law. Even the European Parliament wouldn't be able to do so. It has to share legislative powers in the EU with the national governments of the Member States, and the geographic scope of the UPLS would go beyond the borders of the EU itself.

Critics of the UPLS also have structural concerns, such as over what would happen if such a relatively autonomous court system exclusively specialized on patents and detached from the general judicial framework had to rule on a case in which a party claims fundamental rights under its country's constitution.

[...]

For the event that the European Court of Justices "gives some green light" for the reform initiative, Benjamin Henrion predicts "huge lobbying."


JM Cerqueira Esteves says that "According to PT's INPI, the Norwegian Ind Prop Office is having today & tomorrow a debate on software patents (Except that our INPI uses, of course, the "computer-implemented yada yada" newspeak we're well acquainted with)." Here is the English version of the page.

The primary role of The Norwegian Industrial Property Office (NIPO) is to support Norwegian industry and promote economic growth. Raising awareness and increasing understanding of industrial property rights is an essential element in enabling companies to secure their investments and develop a competitive edge in the global market.


Florian says that the "EC [is] likely to put EU-wide patent plans on hold due to lack of support from Spain" and he points to this new article. FFII's president (Benjamin Henrion) adds or quotes: "No country will allow their companies to be discriminated in profit of Central-EU, US and JP big multinationals."

"The article does not seem to be available online anymore," he told us.

This article says that European commissioner Michel Barnier (he is the "man whose job is to pass anti-Free(dom) software laws," as we put it back in December) regretfully needs "to put EU-wide patent plans on hold" and that he is "frustrated at lack of help from Spain". To quote some more portions: "The creation of the patent has been an economic priority for the EU for ten years, and is a major goal of the Europe 2020 economic growth strategy."

“It is innovation that distinguishes the leading countries from all others.”
      --Miguel Sebastián, Spain's industry minister
That's nonsense. See the presentation from the FFII for gory details about UPLS.

The article says: "Barnier had planned to present the relevant draft legislation on 18 May, in time for a political agreement by industry ministers at a meeting on 25-26 May, the last they will have under the Spanish presidency. But officials said that Barnier was becoming frustrated with Spain's unwillingness to negotiate on the dossier or to prioritise work on it in the Council."

Well, Spain should be congratulated. It is doing the right thing here. As we already know: "Sweden brokered a deal on the specifications for an EU-wide patent during its presidency of the Council of Ministers in the second half of 2009." We wrote about this at the time.

Lastly, Spain's industry minister Miguel Sebastián is quoted as saying, “It is innovation that distinguishes the leading countries from all others.” As everyone ought to know, patents and innovation are not the same thing and what Barnier is proposing opens the door to software patents in Europe.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day