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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2010/05/12/jerzy-buzek-on-swpats-trips/

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. GNU/Linux Turns 38 This Year, But the (Partly) Microsoft-Led Linux Foundation Wants You to Think It's Only 30 and a Good Friend of Microsoft

    What the Linux Foundation calls “Linux” (as its PR staff members refer to it in their new press release) is 38 years old, not 30. “Open Source” as a term did not formally exist yet, so this latest waffle makes no sense at all (the press release keeps mentioning a term that’s designed to attack and replace the original). But it’s part of a broader pattern of deception, attacking software freedom and pretending GNU never existed. Did money corrupt everything and is it too late to salvage truth, let alone freedom?



  2. Richard Stallman on Paid Smear Campaigns

    Dr. Richard Stallman on people who lie about him online (4 years after the older campaign of hate and distortion and half a decade before the current one, coordinated by groups funded by monopolies that dislike GPL)



  3. Links 22/4/2021: Grafana Goes for AGPLv3, Godot 3.3 Released, Mesa 21.0.3 Available

    Links for the day



  4. IRC Proceedings: Wednesday, April 21, 2021

    IRC logs for Wednesday, April 21, 2021



  5. Behind the Curtains of Cheap and Cheesy PR the EPO is a Machine of Oppression (Against Its Very Own Staff), Tribunal to Rule on Strike Busting

    The laughable regime of Campinos is a naked emperor with nothing but diplomatic immunity (almost not a single member of staff trusts the President) and the PR strategic front is becoming worse than pathetic; it's like the place is run by infantile career-climbing sociopaths with no qualifications, trying to weaponise a sea of money against staff, inquisitive media, and states (by bribing them or hiring lawyers to intimidate/bankrupt them); while the EPO still swims in money its reputation drowns too quickly to ever resurface, recover



  6. Links 21/4/2021: University of Minnesota Blacklisted Over Defects, Red Hat Satellite 6.9 is Out

    Links for the day



  7. Links 21/4/2021: VirtualBox 6.1.20, GCC 11.1 Release Candidate, Nginx 1.20.0

    Links for the day



  8. IRC Proceedings: Tuesday, April 20, 2021

    IRC logs for Tuesday, April 20, 2021



  9. Some People Who Asked to Be Removed From the Slanderous Hate Letter Against the FSF Are Still Being Denied Removal (But Not All)

    I am aware of some people (evidence is in the public domain for all to see) who asked to be removed from the hate list; their requests have not yet been processed, or simply denied. Maybe they should ask again. There are silent and selective changes.



  10. Overt Abuse and Mischaracterisations by Bully de Blanc

    The campaign to ruin the FSF and silence its founder, Richard M. Stallman (RMS), goes months prior to the hate letter set up by Bully de Blanc, her boss, and the Microsoft-sponsored OSI; they just attack the licence (GPL/copyleft) and they try to redefine things for the corporations which fund them



  11. According to StatCounter, This Month GNU/Linux Market Share on Desktops/Laptops Exceeded 2% (Based on Sites They Monitor)

    StatCounter does not monitor everything and not every machine connects to the Web, but in relative terms, based on the chart above, no doubt GNU/Linux continues growing relative to other operating systems (chart plotted based on the latest raw data, rendered in LibreOffice Calc)



  12. At the EPO, Lawlessness Has Become “a New Normal”

    Without as much as a real consultation with those who are impacted (by the EPO's gross infringements) the management of the EPO rushes ahead again, enjoying zero oversight, no legal review, and no accountability or scrutiny of any kind



  13. Links 20/4/2021: Tails 4.18 and Mark Surman in Mozilla's Board of Directors

    Links for the day



  14. Microsoft as a Censorship Machine Working to Undermine Free Software and Code Sharing (Also Sharing in General)

    Microsoft is, as usual, a tool of destruction rather than creation; it seems to be better at ruining things and censoring things, notably things that compete against Microsoft or pose a threat to Microsoft's business model (and close partners, such as RIAA)



  15. Phoronix Needs to Exercise Caution and Stay Vigilant/Careful of Microsoft

    Taking note or lessons from the blunder of Raspberry Pi (back in February), Phoronix should be careful of Microsoft 'freebies' as they're never free and there are strings attached, destined to alienate longtime supporters



  16. IRC Proceedings: Monday, April 19, 2021

    IRC logs for Monday, April 19, 2021



  17. Links 20/4/2021: EasyOS Dunfell 2.7.1, Phoronix Takes Microsoft 'Freebies', Microsoft Trying to Steal Credit for Linux on Mars

    Links for the day



  18. Richard Stallman on How UPC is a Trojan Horse for Software Patents in Europe

    Dr. Richard Stallman, the Free Software Foundation's founder, offers his analysis of the Unitary Patent (or UPC) and what it means for software patents in Europe now that the EPO increases its influence over continental law



  19. Technology Can Make Life Worse, Even in the Public Sector, Not Just the Private Sector

    There are growing concerns — increasingly justified concerns as a matter of fact — that customer service is universally going away and “COVID” has become the impenetrable shield or a cover in the face of facts, laws, and basic rights



  20. Links 19/4/2021: LibreSSL 3.3.2, OpenSSH 8.6, Firefox 88

    Links for the day



  21. Time to Move to Gemini, Wherever/Whenever Possible, as the World Wide Web is a Burden on Everybody

    A 30-minute rant about what the Web has become and the promise of gemini:// (designed to simplify everything, enable self-hosting, preserve privacy, and empower communities rather than military-connected monopolies)



  22. The Number of Signatures in the Anti-FSF Petition is Decreasing, Not Increasing

    A reader has notified Techrights that belatedly, perhaps where people’s job is at risk (we’ve heard of stories and situations wherein the employer’s view and a worker’s view diverge), the GNOME Foundation/OSI did in fact remove some people from the hate letter they had set up for their monopolistic sponsors. We do, however, still see some names in there of people who asked to be removed, so it must be a very selective process. They don’t want to lose face, so they must have made it very difficult to revoke one’s name. Exceptional circumstances? We have checked to confirm, based on the available archives, and indeed that number decreased since 10 days ago, whereas 6,415 people have thus far signed the support letter (it's still growing), so we’ve just re-plotted the chart.



  23. IRC Proceedings: Sunday, April 18, 2021

    IRC logs for Sunday, April 18, 2021



  24. How Many People Developed GNU (Maybe Hundreds) in the 1980s

    Dr. Richard Stallman, the Free Software Foundation's founder, explains how code was managed and contributed in the early days of GNU



  25. Links 19/4/2021: Linux 5.12 RC8, GNU Poke 1.2, EndeavourOS 2021.04

    Links for the day



  26. Proprietary Software (BT Hub) Has Ruined My Whole Day

    While we did have some plans to publish long articles, those plans were curtailed or at least delayed due to the fact our sole device at home not to be controlled by us (a so-called 'Smart' Hub from BT) decided to break itself and by doing so bring productivity to a standstill (that firmware update, silently installed without notice or any form of consent, managed to screw with the local network)



  27. IRC Proceedings: Saturday, April 17, 2021

    IRC logs for Saturday, April 17, 2021



  28. Tolerating the Intolerant and Lacking Tolerance for Opposing Views

    The person who shouted...



  29. Letter of Support for Richard Stallman - Doing Better in Community

    "How do you support someone you’ve known for years who is unfairly attacked and publicly maligned?"



  30. Richard Stallman on Rejecting Workplace Bureaucracy in the 1970s

    Dr. Richard Stallman, the Free Software Foundation's founder, explains what inspired him to get involved in non-software matters


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