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

12.04.10

Large US Corporations Push for Software Patents Through South Korean FTA

Posted in America, Asia, Europe, GNU/Linux, Google, Intellectual Monopoly, Law, Microsoft, Patents at 10:54 am by Dr. Roy Schestowitz

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:

  • France moves to ban WikiLeaks from using French servers

    Industry Minister Eric Besson wrote a letter to business and technology leaders on Friday calling for ways to ban WikiLeaks from using servers in France, local media reported.

  • WikiLeaks : la loi Hadopi intéresse au plus haut point Washington
  • Wikileaks.org blocked, but mirror sites proliferating: here’s a partial index of indexes

    In response to the “killing” of Wikileaks.org by the US, countless mirror sites are springing up all over the world. It’s impossible to authoritatively catalog them all—too many mirrors, and too fluid of a situation. But here are some active indexes, which appear to be dynamically updating as new mirrors pop up.

    • wikileaks.ch
    • wikileaks.de
    • wikileaks.fi
    • wikileaks.nl
    • Wikileaks.info

  • WikiLeaks’ Assange to fight any extradition: lawyer

    WikiLeaks founder Julian Assange will fight any bid to extradite him to Sweden over sexual misconduct allegations, and suspects foreign powers are influencing the authorities, his Swedish lawyer said on Friday.

  • NSW Supreme Court solicitor: Letter to Australian Prime Minister Julia Gillard

    Dear Prime Minister
    From the Sydney Morning Herald I note you made a comment of “illegal” on the matter of Mr Assange in relation to the ongoing leaks of US diplomatic cables.

    Previously your colleague and Attorney General the Honourable McClelland announced an investigation of possible criminality by Mr Assange.

    As a lawyer and citizen I find this most disturbing, particularly so when a brief perusal of the Commonwealth Criminal Code shows that liability arises under the Espionage provisions, for example, only when it is the Commonwealth’s “secrets” that are disclosed and that there must be intent to damage the Commonwealth.

  • No job if you link to WikiLeaks, warns Columbia

    From The Arabist comes yet another warning of the career dangers of a fondness for WikiLeaks in the form of an email sent to students of their School of International and Public Affairs…

  • Ron Paul: ‘What we need is more WikiLeaks’

    Popular Texas Republican Congressman Ron Paul is no stranger to breaking with his party, but in a recent television appearance the libertarian-leaning Rep. went even further than any member of Congress in defending whistleblower website WikiLeaks.

  • Recap: WikiLeaks faces more heat in the wake of cablegate

    It’s been a long week for the whistle-blowing website WikiLeaks. Problems started to mount after Amazon and EveryDNS forced them to shuffle their hosting. While this was happening, they also had to face political posturing and arrest warrants. The truth can be a dangerous and wonderful thing.

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. NotZed said,

    December 4, 2010 at 7:31 pm

    Gravatar

    That comment from the PM referenced in the Kemp letter was completely outrageous. It simply boils down to “we don’t like it so it must be illegal” when obviously this is simply not the case. And then to hypocritically look the other way at clearly illegal activity just because the perps were ‘good mates’ (who couldn’t give a shit about u anyway) is just the icing on the cake.

What Else is New


  1. Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

    Links for the day



  2. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  3. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  4. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  5. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  6. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  7. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)



  8. What Battistelli's Workers Think of His Latest EPO Propaganda

    "Modernising the EPO" is what Battistelli calls a plethora of human rights abuses and corruption



  9. Links 19/6/2018: Total War: WARHAMMER II Confirmed for GNU/Linux, DragonFlyBSD 5.2.2 Released

    Links for the day



  10. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  11. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  12. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  13. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  14. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  15. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  16. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  17. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back



  18. Microsoft is Still 'Cybermobbing' Its Competition Using Patent Trolls Such as Finjan

    In the "cybersecurity" space, a sub-domain where many software patents have been granted by the US patent office, the patent extortion by Microsoft-connected trolls (and Microsoft's 'protection' racket) seems to carry on; but Microsoft continues to insist that it has changed its ways



  19. Links 16/6/2018: LiMux Story, Okta Openwashing and More

    Links for the day



  20. The EPO's Response to the Open Letter About Decline in Patent Quality as the Latest Example of Arrogance and Resistance to Facts, Truth

    Sidestepping the existential crisis of the EPO (running out of work and issuing many questionable patents with expectation of impending layoffs), the PR people at the Office choose a facts-denying, face-saving 'damage control' strategy while staff speaks out, wholeheartedly agreeing with concerned stakeholders



  21. In the United States the Patent Trial and Appeal Board, Which Assures Patent Quality, is Still Being Smeared by Law Firms That Profit From Patent Maximalism, Lawsuits

    Auditory roles which help ascertain high quality of patents (or invalidate low-quality patents, at least those pointed out by petitions) are being smeared, demonised as "death squads" and worked around using dirty tricks that are widely described as "scams"



  22. The 'Artificial Intelligence' (AI) Hype, Propped Up by Events of the European Patent Office (EPO), is Infectious and It Threatens Patent Quality Worldwide

    Having spread surrogate terms like “4IR” (somewhat of a 'mask' for software patents, by the EPO's own admission in the Gazette), the EPO continues with several more terms like “ICT” and now we’re grappling with terms like “AI”, which the media endlessly perpetuates these days (in relation to patents it de facto means little more than "clever algorithms")



  23. Links 15/6/2018: HP Chromebook X2 With GNU/Linux Software, Apple Admits and Closes a Back Door ('Loophole')

    Links for the day



  24. The '4iP Council' is a Megaphone of Team UPC and Team Battistelli at the EPO

    The EPO keeps demonstrating lack of interest in genuine patent quality (it uses buzzwords to compensate for deviation from the EPC and replaces humans with shoddy translators); it is being aided by law firms which work for patent trolls and think tanks that propel their interests



  25. Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

    The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things



  26. IAM Concludes Its Latest Anti-§ 101 Think Tank, Featuring Crooked Benoît Battistelli

    The attack on 35 U.S.C. § 101, which invalidates most if not all software patents, as seen through the lens of a Battistelli- and Iancu-led lobbying event (set up by IAM)



  27. Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

    The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)



  28. From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining

    Patent disputes/conflicts are increasingly being settled outside the courts and patents that aren't really potent/eligible are being eliminated or never brought forth at all



  29. Links 13/6/2018: Cockpit 170, Plasma 5.13, Krita 4.0.4

    Links for the day



  30. When the USPTO Grants Patents in Defiance of 35 U.S.C. § 101 the Courts Will Eventually Squash These Anyway

    Software/abstract patents, as per § 101 (Section 101) which relates to Alice Corp v CLS Bank at the US Supreme Court, are not valid in the United States, albeit one typically has to pay a fortune for a court battle to show it because the patent office (USPTO) is still far too lenient and careless


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