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

12.04.12

French National Assembly Views Unitary Patent as Illegal

Posted in Europe, Patents at 5:36 am by Dr. Roy Schestowitz

Winter in France

Winter in France

Summary: Another nation shows discrepancies which can help stop patent ‘globalisation’; more than just software developers affected

Not just activists against software patents in Europe hate the Unitary Patent. “Stop the EU Unitary Patent!” says the headline of this page with the subheadline “New EU Patent Court in conflict with public interest”. Here is what it says:

Munich/ Brussels, 26 November 2012. On 14 November the Council of European Union presented a new Draft Agreement on a Unified Patent Court. This agreement is part of a legal package to establish an EU Unitary Patent which aims to accelerate the granting of patents within the EU. The European Parliament is supposed to adopt this draft until 10th of December 2012. The international coalition of No Patents on Seeds! is raising the alarm about the consequences of the planned new EU Unified Patent Court for three reasons:
the decisions of the new court will escape the control of European Court of Justice;
high costs for legal procedures are likely to prevent non-profit organisations from running legal oppositions in front of the new court;
meaningful national limitations of the effects of patents will be prohibited.
“A broad public discussion should be expected in the light of the new proposal. Instead enormous pressure is being put on the European Parliament to adopt this Unified Patent Court in a fast track procedure. We are very much concerned that this agreement will only serve those who have an economic interest in patents while ignoring the general public. No Patents on Seeds demands that the Draft Agreement be rejected. ”
The new proposal came about because the UK government rejected a compromise that had already been agreed amongst Council, Commission and Parliament. In a meeting of Member States on 18 October 2012, the UK delegation explained their strategy. According to the protocol that was brought to the attention of No Patents on Seeds!, the UK Government explained that stakeholders with economic interests from the UK as well as Business Europe wanted to avoid involving the ECJ in the interpretation of European patent law in any case. (unofficial translation from the protocol in German.)

It is becoming clear that not only programmers should get involved. Gérald Sédrati-Dinet, the author from the Unitary Patent site and “Volunteer Activist Neurone against Software Patents” by his own description, says in Twitter that the “FR national assembly sees #UnitaryPatent is illegal, just makes patent microcosm swell, but nevertheless push for it…”

I cannot read French, so I cannot verify from this link. Can anyone help?

Italy and Spain (and to a lesser degree the UK) also opposed it [1, 2, 3], so they got blackmailed. This is undemocratic.

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

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

2 Comments

  1. Cai6zohp said,

    December 5, 2012 at 11:37 am

    Gravatar

    Exerpt from ‘http://www.assemblee-nationale.fr/14/europe/rap-info/i0395.asp’
    Note : this an informational report only !
    First part-I-(2) The case of software
    The ideas are not patentable or supervised by copyright. Only the materialization, the form of the expression is then likely to be put under a legal framework either by copyright if it is a work of the mind, or by patent if it is an industrial application. In accordance with international laws, European and French software is covered by copyright, which has the main feature to allow the software author to decide how to use and dissemination of its work. This is due to copyright that free licenses guarantee the liberty of each to use, study, copy, modify and redistribute free software.

    But the U.S. Patent Office, the United States patent and Trademark Office (USPTO), under pressure from a handful of players in its computer industry, anxious to preserve their dominant position, has a permissive vision and practice.

    This tends to influence the trade-offs of the EPO and some national offices in Europe, as the Deutsches Patent und Markenamt (DPMA), even INPI, at the risk of the industry on the continent, even though the chamber of appeal of the EPO and the Supreme Court of the United States in 2010, have issued rulings restricting considerably the scope of software patents. The European Commission as well as France, for their part, have never varied in their opposition to the patentability of software.

    Steve Jobs, late founder of Apple, was mentioned, about software patents, citing the risk of triggering a “thermonuclear war” in the computer industry.

    Dr. Roy Schestowitz Reply:

    Thanks for that.

What Else is New


  1. The Computer Anybody Can Edit

    "Without rebuilding and recompiling all of the packages on a large distribution, it is possible to "remaster" an ISO and get a different system -- even before you install it."



  2. Former Microsoft Employee on So-called 'Journalists' Being Blackmailed by Microsoft

    Mitchel Lewis, a former Microsoft employee, remarks on Mary Jo Foley being 'punished' by Microsoft for not mindlessly publishing Microsoft propaganda (we remarked on this before as she had spoken to me about this over a decade ago)



  3. IRC Proceedings: Friday, August 07, 2020

    IRC logs for Friday, August 07, 2020



  4. For the Want of a Pixel

    "It is still possible to win, but the FSF has practically left the field."



  5. Ubuntu and Fedora Project Serving Microsoft

    The Ubuntu 'community' as well as the 'community' component of Red Hat (IBM) don't view Microsoft as a rival; over a decade ago Mark Shuttleworth accused Microsoft of "extortion" and "racketeering" (his words), but now he's paid to change his tune



  6. (Don't Let's) Throw Caution to the Wind

    "As it will become crucial to explain, the effect of all this dancing around truth and reality was to transform a volunteer force primed to bring freedom to users into cheap labour for an industry that exploits everyone in it -- all the way to the very top of Open Source itself."



  7. Links 7/8/2020: Mesa 20.2 RC, Radeon Software for Linux 20.30

    Links for the day



  8. Computing Fundamentals

    "A graphical interface is better, for some things -- sometimes. But it will also put a lot more on our plates."



  9. IBM and the Bomb: Series Index (on 75th Anniversary of Atomic Bombs Being Dropped on Civilians)

    Today seems an apt time to remind readers that IBM participated in the creation of the only bombs ever to be dropped in a war (not tests) and this tradition carries on because IBM is still profiting from it, to this very day (countless billions made by IBM during the Cold War too)



  10. Freedom is Personal

    "Before I say anything else, note that there are literally hundreds of GNU/Linux distros, and I put in a lot of work to rate which were the least encumbered by corporate politics — directly or indirectly."



  11. Links 7/8/2020: Ubuntu 20.04.1 LTS and GNU C Library 2.32 Released

    Links for the day



  12. IRC Proceedings: Thursday, August 06, 2020

    IRC logs for Thursday, August 06, 2020



  13. Our Collective Privacy is Under Unprecedented Attacks and Privacy is Now Conflated With Bad Hygiene, Not Just Criminality

    At warp speed the "War on cash" or "War on anonymous transactions" is moving ahead; now that COVID-19 infects a lot of people we're led to assume that mass surveillance saves lives not because of counter-terrorism but because of contact-tracing or whatever (in practice it's hardly effective, but it's conditioning people to give up any remnants of their privacy)



  14. The Psychology of Developers

    "It turns out, there are ways around a free license -- you can make software "less free" or more imposing, without changing the license at all."



  15. Social Justice is Fine... When It is Not Just a Shallow Marketing Ploy

    Don't let well-meaning concepts such as "Social Justice" become mere buzzwords or tools of corporate propaganda (greedy people's objectives disguised as populism)



  16. Site Upgrades Likely Coming Soon

    After more than 28,000 posts are published it might be time to move from the WordPress x.9.x LTS to something newer (5.5 is about to be released); we explain why it’s not as simple as it might first seem



  17. Focus on the Big Issues, Not the Words

    The pattern that is emerging in recent months if not years is that words hurt and therefore contributors to code must shut up about injustices, including corporate misbehaviour



  18. Computing vs. Marketing

    “The important lesson here is that Windows is NOT a computer — it is actually a horrible thing that people DO to a computer, and to themselves.”



  19. Release: Several Police Reports About Searching the Home of Bill Gates' Engineer (Stockpiles of Child Pornography Found Along With Illegal Firearm)

    The final part of the first installment from Seattle PD, this one focusing on people who searched the home to find a lot of underage pornographic material being amassed



  20. Video: Microsoft-Sponsored 'Copyleft' Conf (Keynote Sold to Microsoft, a Serial GPL Violator and Primary FUD Source) Features Previous FSF (Co)President and RMS Ouster

    There's now a video online of the debates in CopyleftConf 2020



  21. Miseducation

    "...the real crime (OLPC founder Nicholas Negropontes word for it) is that schools aren't teaching computers at all -- they're doing application training."



  22. [Meme] RMS Succeeded by a Microsoft Sponsor

    Congratulations to the FSF, which elected a president almost a year after pushing RMS (its founder) out; but questions need to be answered by the new president, who apparently sees nothing wrong reinforcing the Microsoft monopoly, participating in a PR ploy designed to distract from the notorious ICE contract, and even paying Microsoft (as if it deserves the money)



  23. Controlling Your Computing

    "We at least want our software to be free, and for a while, that was possible. We want software to be free again, so let's talk about what made it free, what made it less free, and what could hopefully improve in the future."



  24. User Libre: Free Computing For Everyone, Start With Perfection

    "As the threats to user freedom evolve, so too must the response to those threats. So long as freedom remains the first priority, worthwhile responses will give more power to every user, and keep limits on how much control can be imposed by developers."



  25. IRC Proceedings: Wednesday, August 05, 2020

    IRC logs for Wednesday, August 05, 2020



  26. Release: Search Warrant and Reports on Findings When Bill Gates' Engineer Arrested for Pedophilia

    Readers can finally see all the details about what was taken (portable drives, laptop, desktop etc.) and what was found when a search was executed at the home of Bill Gates' engineer while he was at Bill's house (where he worked regularly); as far as we are aware, the police never searched Bill's house and computers



  27. Links 6/8/2020: FSF Has New Chief, LibreOffice 7.0, Linux App Summit Goes Online

    Links for the day



  28. Links 5/8/2020: Wayfire 0.5 and Plasma Browser Integration

    Links for the day



  29. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  30. SUSE is Still Pushing Microsoft Proprietary Software and Bragging About the Novell Patent Collusion With Microsoft

    SUSE seems to have learned no lessons after the aftermath of its (or Novell’s) Microsoft patent scam, which had been negotiated partly by Miguel de Icaza (now working directly for Microsoft) before causing Novell to collapse and offload its patents to Microsoft (‘TikTok operandi’ or asset stripping); the past cannot be left behind if SUSE — like Novell — celebrates and perpetuates that past


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