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

05.12.10

Patents Shred Europe’s Democracy to Pieces

Posted in Asia, Europe, Law, Patents at 2:37 am by Dr. Roy Schestowitz

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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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

A Single Comment

  1. satipera said,

    May 12, 2010 at 9:54 am

    Gravatar

    The idea of patents as an incentive for innovation has been twisted to encourage a free ride for those financial bullies with the deep pockets to file patents for prior art and dubious ideas. Will natural justice and sense overcome vested interests? Patents for programming a programmable machine, it makes no sense.

What Else is New


  1. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  2. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  3. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  4. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  5. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  6. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  7. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  8. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  9. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  10. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  11. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  12. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  13. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  14. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  15. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  16. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  17. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  18. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  19. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  20. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  21. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  22. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  23. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  24. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  25. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  26. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  27. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  28. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  29. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  30. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative


CoPilotCo

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

CoPilotCo

Recent Posts