Contents
Editorial
Hi, and welcome to our newsletter ! We will be sending you news on software patents once a month to tell you what is happening, what we are doing, and how you can participate in the battle for an open and fair information world.
We are open to questions and suggestions, and we will work with you to make this newsletter as useful as we can. If you want to contribute to FFII monthly newsletter about software patents, please do not hesitate to contact us on brussels@ffii.org.
-- The FFII Team
Commission consultation on EU patent
In January 2006, the European Commission started "on the future of the Community Patent in Europe” on the pretext of promoting of developping software free market and protecting innovation. In reality, the aim is to legalize software patents by transfering EU and member state legislative and judicial power to the European Patent Office. Patent system does not guarantee continued innovation. A software patent system in Europe could only be counterproductive and disastrous for economic development.
For more details, see FFII position paper on http://consultation.ffii.org/Downloads?action=AttachFile&do=get&target=wgepl0601-11a.pdf
FFII's action toward Commission consultation on EU patent
FFII first questioned the validity of the procedure, based on the serious lack of accessibility, which means that a majority of EU businesses are completely excluded from answering. That’s why FFII recommended participation to those businesses that are able to do so, for “Open democracy” means more transparency and effective hearings of all stakeholders… Following a formal complaint by FFII to the EU Commission's President Barroso, and meetings between FFII and the Commission, the Commission agreed to extend its deadline from 31 March 2006 to 12 April 2006. FFII submitted its answer to the consultation organized by the European Commission last Wednesday 12th of April.
European Patent Litigation Agreement
EPLA (European Patent Litigation Agreement) is a proposed patent law agreement aimed at creating an optional protocol to the European Patent Convention (EPC), which would commit its signatory states to an integrated judicial system. The main driving force behind the EPLA is legalising software patents and business method patents via case law, under the assumption that the European Patent Convention still forbids those with the European Patent Office nevertheless granting them since the mid 1980s. The proposed "European Patent Judiciary" would lack independent judges and sufficient democratic control.
For more information, see http://wiki.ffii.org/EplaEn
IPRED 2
April 27th, 2006. In a statement the EU Commission announced it has adopted a proposal for a directive to combat intellectual property offences.The directive would be “[…] applied to all types of intellectual property right infringements. […]The minimum sentence is a term of four years’ imprisonment where the infringement is committed under the aegis of a criminal organisation or carries a serious risk to the health and safety of individuals. The amount of the fine will have to be at least EUR 100 000 or EUR 300 000 where there is a link with a criminal organisation or any risk to health and safety. Member States may impose heavier penalties or fines. ” The basic problem is that IPRED 2 assimiles commercial violations of "intellectual proprety rights" as a criminal offense. In order to fight against general piracy, this new proposal of directive would penalized much more campanies than pirates. Like Jonas Maebe, FFII board member, said: "It seems they want to replace the Lisbon goals with an Alcatraz program."
For more information on IPRED 2, see http://wiki.ffii.org/IpredEp051122En
Calendar
Brussels, 3-4 May : European Inventor of the Year conference and gala. FFII was there and made several interviews. See the press release, http://wiki.ffii.org/Perkins030506En
- Prague, 22-24 May : PATLIB conference tailored to the specific needs and demands of the staff of National Patent Offices and their Patent Information Centres.
- Warsaw, 2-4 June: FFII board conference and meeting. Meet the people who make your life hell with untold emails about inane subjects, and tell them what you really think!
- Brussels, 12 June: EU Commission hearings on the future of patent policy in Europe. The FFII will be there.
Full calendar on http://www.ffii.org/Calendar
Contact
Benjamin Henrion
FFII Brussels
+32-2-414 84 03 (fixed)
+32-484-56 61 09 (mobile)
bhenrion@ffii.org
(French/English)
Donations
If you want to support FFII activities, please consider to donate: http://www.ffii.org/Donations
