Bonum Certa Men Certa

Patents Shred Europe's Democracy to Pieces

European Union



“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money."

--Richard Stallman



Summary: New developments in Europe and in India show not only that software patents are being pushed into Europe but that people are also left to die with TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights)

ACCORDING to the FFII, the Staff Union of the EPO says that the EPO should be integrated into the Community Institutions. The FFII received a shocking letter which is summarised as follows: [via]

'No Power for the Parliament' warns EPO examiners association



The Staff Union of the EPO sent a letter to the President of the European Parliament, Jerzy Buzek, warning of risks integrated into the accession of the European Union to the European Patent Convention (EPC). They warn that the European Parliament can be circumvented as a legislator in patent law.


This is a serious step in the wrong direction. Last year the FFII warned that democracy was being stepped on as attempts were (and still are) being made to contaminate the European system with bad patents.

IAM Magazine has published the article "Patents are "the test ground" for Europe's commitment to a single market, says new report"

The FFII also links to new presentations from the CEIPI conference, where the EU central patent court got discussed (that's how they can sneak software patents into Europe and outlaw Free software).

An event which will take place at Maastricht University is also being described as follow:

Intellectual Property, Open Source, and Standards: Friends or Foes?



The Institute for Globalisation and International Regulation at Maastricht University Faculty of Law and the Stockholm Network Intellectual Property & Competition Programme are delighted to invite you to a forum and debate on "Intellectual Property, Open Source and Standards: Friends or Foes?

[...]

How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs? Is the dichotomy between open and proprietary standards at all justified, or are these types of standards in fact complimentary?


Terms like "IPR" make no sense. "Open Source" is fine with copyrights and trademarks. It's only software patents which are the issue and it is typically lawyers who are trying to change the law by expanding the scope of patents, despite the fact that it's known to be better when software patents are treated as illegal.

There is another area where patents can be harmful and many lives are at stake. The other day, Europe decided to put patents before life:

Huge seizure of Indian generic drugs at EU ports; India, global NGOs cry foul



[..]

Generic drugs from India which are meant for Latin American countries have been seized by European port authorities alleging infringement of intellectual property rights.

The Indian generic drugs shipments, which were headed for Peru, Columbia, Ecuador, Mexico and many other countries, included medicines for treatment for AIDS, Cardiac problem, schizophrenia, dementia.


Let's not forget about TRIPS as murder. ACTA will only make things worse. Regarding the article above, Richard Stallman wrote:

EU countries are confiscating generic anti-HIV drugs made in India and being sent to various poor countries.

This article spreads confusion when it refers to patents as "intellectual property", using the terms interchangeably. (I am sure the author does not realize how harmful that term is as propaganda.)

The EU's attempt to confuse generic drugs with fake drugs is part of another propaganda campaign, which calls copying "counterfeiting". ACTA is an instance of that nastiness.

The governments which have confiscated the drugs are evidently more concerned with corporate profits than with human lives. Their actions as of this moment endanger people in poor countries, but I am sure they are just as glad to threaten the inhabitants of their own countries when they can get away with it.


ACTA is not gone and based on India's provisional trade agreements with Europe, it's back to secrecy. Here is some further analysis of the latest leaks and a summary from Slashdot that says:

The draft agreement between Europe and India on Intellectual Property Rights has been leaked, and clearly mentions at its Article 34 the possibility for administrative tribunals, such as the ones currently being setup in France via the Hadopi, to shutdown internet access of suspected downloaders ("This article shall not affect the possibility for a court or administrative authority, in accordance with Parties' legal systems, of requiring the service provider to terminate or prevent an infringement"). The draft also contains provisions on ISPs liabilities. The European Commission is also pushing for ISPs liabilities for copyright infringements in the EU-South Korea Free Trade Agreement, which was criticised in the public hearing on ACTA on going beyond existing EU laws and the E-commerce directive.


The FFII has called the EU "Crazy" over this.

Comments

Recent Techrights' Posts

On Groupthink, Mindless 'Sheep', and Toxic Online Cults
This week, treat yourself to a life free of social control media
BetaNews is Run and Written by Bots That Make Clickbait
At least one author is doing this
 
Same Month Judge Suggests Selling Chrome (Compelling Google to Give It Away) Chrome Surpasses Two-Thirds of "The Market", Based on Surveyor
tackling Google's browser monoculture is still a priority
[Meme] Trying to Terrorise Critics
How Microsofters roll...
Illegitimi Non Carborundum
If you try to suppress our publication, we'll not just bark back but also bite
Why This Site Became "Simple" a Year Ago
Light is good, heavy is bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 25, 2024
IRC logs for Monday, November 25, 2024
Links 26/11/2024: International Microsoft Outages, Microsoft Mass Layoffs Bigger Than Reported Last Friday
Links for the day, Deutsche Welle and CBC focus
Gemini Links 26/11/2024: Not Pagan, Emacs Wiki, and More
Links for the day
Links 25/11/2024: Egypt Harasses Bloggers, The University of Michigan Has Become Like a Corporation
Links for the day
Links 25/11/2024: Climate News, Daniel Pocock Receives a Fake/Fraudulent €17,000 Electricity Bill
Links for the day
[Meme] Microsoft: Our "Hey Hi" Hype is Going So Well That We Have MASS Layoffs Every Month. Makes Sense?
Contradiction
Latest Mass Layoffs at Microsoft Are Confirmed, Bing and Vista 11 Losing Market Share
They tried to hide this. They misuse NDAs.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 24, 2024
IRC logs for Sunday, November 24, 2024
Gemini Links 25/11/2024: Purity and Cory Doctorow's Ulysses Pact, Smolnet Portal and SGI
Links for the day
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular