EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.16.10

Patents Roundup: New Zealand’s Largest Application Vendor Rejects Software Patents; EU Patent System Overrides European Court of Justice; “Gene Cartels” Slammed by Former Insider

Posted in Europe, Law, Microsoft, Patents at 7:23 pm by Dr. Roy Schestowitz

DNA sequence

Summary: Orion Health says “no” to software patents; Europe tries a trick; cartels on human life under attack by a patent lawyer who used to participate in them

New Zealand

WE have just created this new page about software patents in New Zealand. So far we have seen that Microsoft, its lobbyists, and primarily patent lawyers are the only proponents of software patents in this country. It continues to seem that way now that New Zealand’s largest application vendor (self-acclaimed status) says that “things are getting patented. You might see a logical enhancement to your software, but you can’t do it because someone else has a patent. It gets in the way of innovation.” Here is the opening of the article in full:

Orion Health backs moves to block patents

Negatives outweigh positives, says one of New Zealand’s biggest software developers

Ian McCrae, CEO of Orion Health, which claims to be New Zealand’s largest application vendor, supports a Commerce Select Committee proposal to rule out software patents in New Zealand.

Europe

Regarding software patents in Europe, there is also some news. The president of the FFII attended events and put recordings of the CEIPI conference in some webspace of his. “There are bits on software patents,” he stressed, but they require transcribing. He has also just published six reasons to oppose the United Patent Litigation System (UPLS), beginning with:

The United Patent Litigation System (UPLS) is an international treaty which aims to create an international patent court in Europe. Here are 6 reasons to oppose the United Patent Litigation System (UPLS).

1. Democracy: this treaty creates a court system that won’t be balanced by elected legislators, turning the European Parliament or National Parliaments legislators of second zone. The legislator won’t be elected, and won’t be able to counter decisions of such court. The UPLS creates an international patent court outside of the European Union legal system, to which the European Union would have to adhere. Furthermore, the European Parliament does not have the power to initiate new laws if it wants to counter decisions of such a court.
2. Fundamental rights: No appeal to a constitutional court will be possible, in case patent law conflicts w ith other laws, such as fundamental rights. The European Union does not have at the moment a Constitution to which European citizens and companies could appeal. An international patent court such as the one created by the UPLS won’t allow appeal to upper constitutional courts, nor national constitutional courts. The recent interventions of the US Supreme Court against decisions of specialized patent courts (CAFC), notably to confront patent law with other pieces of law, shows that fundamental rights should have a place in the judicial system, and that patent law does not operate in a vacuum.

[...]

The United Patent Litigation System (UPLS) is a back door which would potentially permit patenting of algorithms. “EU Patent system taken away from European Court of Justice,” warns this new press release from the FFII (appended below in full).

Business Europe fiercely opposes a role for the European Court of Justice (ECJ) in patent law. During a conference in the European Parliament in Strasbourg, Thierry Sueur of Business Europe disclosed the United Patent Litigation System (UPLS) was aimed to keep the ECJ away from interpreting substantive patent law under the European Patent Convention (EPC), particularly for software patentability.

Genetics

Software patents are not the only problem with the patent system. Last week we wrote about gene patents [1, 2] and now we learn about a book on “Gene Cartels”. To quote part of a new book review:

It is a shame that there are so few existing copies of Luigi Palombi’s Gene Cartels. The initial press run for this remarkable book was apparently less than 1000, yet this is a book that every policy maker even remotely connected to issues of patents, economics, and biotech should read.

Palombi’s background is in law. He worked for years as a patent lawyer, writing and arguing for biotech patents. Over time, he grew disenchanted with the scope and reach of patents being granted on biotechnology “innovations”, especially as more and more patents began to be granted further “upstream”, over things that were not inventions, but rather discoveries. He is now a researcher with the Regulatory Institutions Network at the Australian National University. He devotes his research and activism to eliminating “gene patents” and his magnum opus on the legal case against gene patents works methodically through not just recent law on the subject but the history of patent law itself.

So even patent lawyers can realise that they are leeches that mostly harm the system which they purport to be defending.


EU Patent system taken away from European Court of Justice

Business Europe fiercely opposes a role for the European Court of Justice (ECJ) in patent law. During a conference in the European Parliament in Strasbourg, Thierry Sueur of Business Europe disclosed the United Patent Litigation System (UPLS) was aimed to keep the ECJ away from interpreting substantive patent law under the European Patent Convention (EPC), particularly for software patentability.

“Instead of explicitly seeking to sanction the patentability of software, they are now seeking to create a central European patent court, which would establish and enforce patentability rules in their favor, without any possibility of correction by competing courts or democratically elected legislators.”
      –Hartmut Pilch
Hartmut Pilch analysed in 2007: “In July 2005, after several failed attempts to legalise software patents in Europe, the patent establishment changed its strategy. Instead of explicitly seeking to sanction the patentability of software, they are now seeking to create a central European patent court, which would establish and enforce patentability rules in their favor, without any possibility of correction by competing courts or democratically elected legislators.”

Benjamin Henrion, President of the FFII, comprehends their concerns: “While the US Supreme Court can review decisions of the Texas patent courts, this recourse would not be available to Europeans. A newly created UPLS patent court would have the final say over software patentability.”

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 26/10/2020: Linux 5.10 RC1 and Loongsoon Laptops

    Links for the day



  2. The Downfall of Free Software Leaders (and Their Projects or Missions)

    "Cancel George Orwell, and happy hacking."



  3. IRC Proceedings: Sunday, October 25, 2020

    IRC logs for Sunday, October 25, 2020



  4. Links 25/10/2020: Kodi 18.9, ScummVM Android Love, Cutelyst 2.13

    Links for the day



  5. [Meme] Captain Zemlin and Neil McGovern's Ugly Legacy in GNOME (His Predecessors Work for Microsoft Directly Now)

    The Linux Foundation is already ‘sold’ and Microsoft Tim‘s interview with Neil McGovern, published a few days ago, was rather revealing (comments on the article/interview were also harsh)



  6. How Microsoft is Still Worse Than Google

    "I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage."



  7. 'President Bill Gates' Wants to Punish Not Only Google After Using “Extensions” to the Web to Reinforce Microsoft's Monopoly (Antitrust Violations Are a Microsoft Thing)

    In gross distortion of facts and of history and in a rather incredible fashion (very shameless and insulting) the corporate media tries to paint Bill Gates as an antitrust hero that will save the world from monopolies



  8. Donald Trump Helped Bill Gates Increase His Wealth by More Than 50%, Especially During the Pandemic

    Contrary to ridiculous narratives disseminated by nutty accounts all around the Web, Gates and Trump are no foes but 'partners in crime'



  9. Our 14th Birthday is Coming

    We're turning 14 shortly and we need ideas from readers (things that can be done to mark the event and celebrate 'on-line')



  10. In Spite of IBM's Difficult Past and Particularly Dark History, Under Arvind Krishna’s Leadership It Has Only Shown Signs of Improving

    This winter, 6 months after Arvind Krishna’s tenure as CEO began, we can generally say that things seem to have improved and we look forward to further improvements



  11. Links 25/10/2020: GNU Taler's IETF Milestone, RISC OS 5.28 and New Ubuntu Community Council

    Links for the day



  12. IRC Proceedings: Saturday, October 24, 2020

    IRC logs for Saturday, October 24, 2020



  13. Links 24/10/2020: GDB 10.1, Kodachi 7.4, Wine 5.20

    Links for the day



  14. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  15. The Militarised Elephant in the Room Still Commands a Lot of Free Software Development

    We take a difficult (albeit in-depth and perfectly factual) look at IBM's past and present; considering this is the company that controls Red Hat (which in turn controls many key projects in GNU/Linux) we need a better understanding of the real context, not PR fluff and marketing



  16. Juve Patent's Love of Patent Trolls and Their Misinformation

    The press 'gutter' known as Juve (basically propaganda disguised as 'news' since years ago) has gotten to the point where the publisher is just an extension of lawyers and liars



  17. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  18. Look How Many Tux I Give!

    "Long live rms, long live (Hyperbola) GNU/BSD, and happy hacking."



  19. Embrace, Extend, and Extensions: Two New Reasons to Delete GitHub, Which Microsoft Ruined for Everyone (Except the Copyright Cartel and Other Censors)

    GitHub is being turned into a garbage dump with malicious masters (or monsters, or mobsters); many people are denied access for using the 'wrong' browser and developers/projects are being censored (not for doing anything wrong or illegal, either)



  20. [Meme] When EPO Staff Claims to be 'Ill' or 'Sick'... During a Pandemic's European Peak

    Gotta check and verify that those 'lazy' EPO examiners aren't just faking being ill (in order to not meet "production" targets)



  21. The EPO Has Relegated or Lowered Itself to Extremely Poor Standards

    Today's EPO continues to reaffirm the image of global weakness; having failed to improve the working conditions and quality of the work (its actions did the exact opposite), it's nowadays begging China to send over lots of workload irrespective of quality or merit and it is outsourcing the functions of the Office to the United States



  22. Links 23/10/2020: Turing Pi 2, GNU Parallel 20201022

    Links for the day



  23. IRC Proceedings: Thursday, October 22, 2020

    IRC logs for Thursday, October 22, 2020



  24. Links 23/10/2020: 'Groovy Gorilla' Everywhere in the News

    Links for the day



  25. For Better 'Tech Rights' in the United States (and the World at Large) the 'Orange Man' Needs to Go

    With less than a fortnight before election day we explain our stance from a purely tech-related rationale



  26. [Meme] Microsoft Never 'Brought' Skype to GNU/Linux (It Just Bought Skype) and It Never 'Brought' Edge to GNU/Linux Either (Google Did)

    Foolish media or gullible 'journalists' are giving Microsoft credit for other people's work; this isn't the first time either, but it helps perpetuate lies such as "Microsoft loves Linux" (so who cares about facts anyway?)



  27. It's Going to be a Long, Long Winter

    Today we revert back to lock-down mode; we're reflecting and pondering what comes next



  28. TechRadar is an Irresponsible Clickbait and Misinformation Site Disguised as 'News'

    TechRadar is no tech and no radar, either. It's just an opportunistic click-harvesting machine, disguised as a source of "news"; today we deal with the latest example (among many).



  29. Links 22/10/2020: LibreOffice 6.4.7, Septor 2020.5, Ubuntu 20.10 Released, FreeBSD Quarterly Status Report

    Links for the day



  30. IRC Proceedings: Wednesday, October 21, 2020

    IRC logs for Wednesday, October 21, 2020


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts