Horns zu EP-Entscheidung: An Earthquake
Wie zu erwarten, ist Axel Horns einer der konsequentesten Gegner der
korrigierten Richtlinie und versucht, die "Nutzer des Patentsystems" und
deren Bastionen in den Regierungen, zu mobilisieren, um die Entscheidung
des EP zu demolieren oder zu kippen.
http://www.ipjur.com/03.php3
Plenary Vote of the European Parliament: An earthquake in the patent
landscape.
In principle, the Official results of today's plenary vote of the
European Parliament are available to everyone equipped with an
Internet access: The EXTERNAL LINK [7]"Minutes of proceedings - Result
of roll-call votes - Annex 2" have been put into the web. The lists of
various amendments on which the voting was based are also available
on-line ( EXTERNAL LINK [8]A5-0232/2003: amendments, EXTERNAL LINK
[9]A5-0299/2003: amendments, EXTERNAL LINK [10]A5-0259/2003:
amendments, EXTERNAL LINK [11]A5-0238/2003: amendments, EXTERNAL LINK
[12]A5-0302/2003: amendments, EXTERNAL LINK [13]A5-0306/2003:
amendments).
The tedious task of producing an Official consolidated version has, of
course, not been completed yet, and only with some caution it is
possible to asses the facts that have been set by the European
Parliament.
However, it nevertheless seems to be quite clear that many MEPs have
made some of the EXTERNAL LINK [14]positions lobbied for by EXTERNAL
LINK [15]FFII e.V. to their own. For example, Article 4, paragraph 3a
has been inserted into the Directive stating "In determining whether a
given computer-implemented invention makes a technical contribution,
the following test shall be used: whether it constitutes a new
teaching on cause-effect relations in the use of controllable forces
of natures and has an industrial application in the strict sense of
the expression, in terms of both method and result." Article 5,
paragraph 1 a of the Directive now requires that "Member States shall
ensure that patent claims granted in respect of computer-implemented
inventions include only the technical contribution which justifies the
patent claim. A patent claim to a computer program, either on its own
or on a carrier, shall not be allowed."
The much debated new Article 6a of the Directive now says: "Member
States shall ensure that, wherever the use of a patented technique is
needed for a significant purpose such as ensuring conversion of the
conventions used in two different computer systems or networks so as
to allow communication and exchange of data content between them, such
use is not considered to be a patent infringement."
The above-mentioned finding are, of course, merely of a provisional
nature until an Official consolidated version of the Directive is
published.
It can hardly be assumed that the Council will be inclined to approve
the result of today's voting of the European Parliament within the
working context of the Codecision Procedure without further changes in
a second reading, in particular in view of EXTERNAL LINK [16]TRIPS. It
would not be very surprising if another political row would emerge out
of the present situation because of the majority of MEPs who today
have voted in favour of the FFII-inspired amendments most probably
will not be pleased if they see their results rebuked by the Council.
Perhaps a way out might then be considered in simply dropping the
Directive and seeking to muddle through on the basis of the national
law or, as already hinted by Mr. Bolkestein, trying to solve the
problem by means of an agreement outside the context of the EU
lawmaking process.
In view of this case EXTERNAL LINK [17]Mr. Pilch, president and
"spiritus rector" of FFII e.V., has already announced in a public
mailing list that if the Directive is set to be abolished by the
Council or by the Commission, FFII e.V. would lobby in favour of the
amended Directive: "The Directive now is our project", he wrote, "the
roles have swapped".
The users of the patent system have just suffered a severe political
defeat, even if the Council manages to rectify the current situation.
This was probably the very first time since the patent disputes of the
nineteenth century that patent law was in the headlines. The
controversy on patents will continue, that is for sure.
--
Hartmut Pilch, FFII e.V. und Eurolinux-Allianz +49-89-18979927
270.000 Stimmen 2000 Firmen gegen Logikpatente http://noepatents.org/
Innovation statt Patentinflation http://swpat.ffii.org/
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