Bonum Certa Men Certa

Large US Corporations Push for Software Patents Through South Korean FTA

Signs in Korean



Summary: A 'free' trade agreement (FTA) is being used to blackmail Korea into accepting the unacceptable, namely software patents

IT was only recently that the president of the FFII spotted a subscribers-only article and wrote:

US coalition asks for software patents in South Korea FTA, cites China and India TRIPS interpretation against swpats http://ur1.ca/2htvk


Thankfully we have some text from the article and with fair use doctrine we are able to give a flavour of it. "The article is copyrighted," wrote an anonymous reader to us, "but maybe you could cite relevant parts of it," said this reader, who had access to the text. They are "[p]ushing software patents through free trade agreements," wrote a person who interpreted this article and here is the overall analysis:

According to the article below, a business coalition paper on IP issues is asking USTR to use TPP to:

-"replicate the IPR provisions of the U.S.-Korea free trade agreement, especially when it comes to patents and copyrights.

-go "beyond the Anti-Counterfeiting Trade Agreement (ACTA). For instance, it states that the TPP should outlaw camcording in theaters, despite the fact that the ACTA made it optional for countries to have criminal penalties for camcording.

-reject the "May 2007 compromise on patent provisions struck between the Bush administration and House Democrats, which weakened patent protections in FTAs that the U.S. had negotiated with developing countries."

-include pharmaceutical chapter targeting the reimbursement policies of the Pharmaceutical Management Agency of New Zealand (PHARMAC)

-"demand that all TPP countries fully implement the World Intellectual Property Organization's Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT), something that New Zealand and Vietnam have not yet done"


To quote fragments from article "Inside U.S. Trade" (12/03/2010):

A confidential draft paper by a business coalition to advise the Office of the U.S. Trade Representative (USTR) on the intellectual property negotiations in the Trans-Pacific Partnership (TPP) talks shows that U.S. companies are fighting back against European Union efforts to protect geographical indications (GIs) in other countries.


Here come patents:

In provisions other than GIs, the paper largely urges the U.S. to replicate the IPR provisions of the U.S.-Korea free trade agreement, especially when it comes to patents and copyrights.


More on patents:

The Korea FTA was not affected by the IPR provisions of the May 2007 compromise, meaning that it contains what U.S. industry groups consider to be the highest level of protection to date. The paper does not delve into any specifics on patent linkage, data exclusivity and patent term extensions, which are the areas covered by the 2007 compromise.


Look who's behind it:

This seemingly cautious approach by the business coalition differs from that of the Emergency Committee for American Trade (ECAT) and the National Association of Manufacturers (NAM), both coalition members, which have publicly called on USTR not to repeat the 2007 compromise on IPR in the TPP negotiations.

The coalition paper was written by the Pharmaceutical Research and Manufacturers of America (PhRMA), the U.S. Chamber of Commerce, and the Motion Picture Association of America (MPAA), sources said.


Here come software patents:

The paper asks USTR to go beyond the Korea FTA in terms of computer implemented inventions, which are essentially patents on software.


This is how Microsoft extorts Samsung and LG (Korean companies), pulling money out of them for the use of Android.

Here's TRIPS:

While the Korea FTA requires parties to uphold the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the problem with TRIPS is that many signatories, including China and India, interpret it to mean that they do not have to provide patent protection for computer implemented inventions, according to the coalition paper.


More on TRIPS in [1, 2, 3, 4, 5] and here's the next bunch of paragraphs:

"Thus, the language of the TPP agreement needs to be strengthened to specifically require providing patent protection for computer implemented inventions," the paper argues.

The issue of computer implemented inventions touches on a larger debate on the scope of patent protection, one source said.

Patents clearly apply for new physical inventions or even a new process for performing a task. However, patents are generally not granted for formulas or algorithms, because that would be patenting knowledge itself, and would impede scientific progress, this source explained.


Outrageous. Recall who's behind this. It's not Koreans. On it goes, elucidating the US role in it:

While the U.S. currently grants software patents, some argue that these patents are essentially just the algorithm or formula itself, although written in computer code. If these software patents were all enforced, it could have the perverse effect of crippling the ability of different companies to innovate by devising new software, critics argue.

While companies currently amass these software patents, they do so largely for defensive reasons. Under this strategy, if a first company holding many software patents is challenged by another for infringement, it can look to try to find a case when that challenging company is also infringing a patent held by the first company, this source said.


This is untrue. Microsoft uses software patents offensively, e.g. against Linux and Android. They are just making up excuses for legalising software patents (calling them "defensive", as if there is something about software which makes the already-granted patents inherently different).

What this amounts to is a sort of extortion and it helps show the US role in writing Korea's law. Here is evidence of the continued attempts to impose US-style copyrights (the 'Mickey Mouse' law) on the whole world:

The draft also urges USTR to demand that all TPP countries fully implement the World Intellectual Property Organization's Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT), something that New Zealand and Vietnam have not yet done, another source pointed out.


Wikileaks has just unearthed another scandal. It's just that, as Wikileaks helps show, Spain's proposed copyright law was written by the United States. We wrote about it this morning while mentioning Amazon as one of the companies which set/write the laws in other countries like Canada (still wrestling against crazy copyright deform). Wikileaks has some ACTA-related leaks (cables) coming, so it is clear why US diplomats fight tooth and nail to take the site and its mirrors down (see the latest news below). Even France is now trying to ban the site, possibly because it turns out that Hadopi came from the United States. Sarko is being shown for the traitor he has been.

Some other posts about Korea:



Latest Wikileaks news:



Comments

Recent Techrights' Posts

Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
 
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026