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


Birgitta Jónsdóttir, Glyn Moody, April, FSFE and Many Others Oppose Unitary Patent (Vote is Today)

Posted in Europe, Patents at 9:45 pm by Dr. Roy Schestowitz

Law laundering

European flags

Summary: The Unitary Patent gets endorsed by the European Council, but many European developers and even European politicians are starting to actively oppose the Unitary Patent

TODAY the EU could make a disaster or a victory for software developers. A lot of European software enthusiasts talk about it, including Birgitta Jónsdóttir, an Iceland-based member of parliament that’s associated with Wikileaks fame. We wrote about the subject on Monday and many times before that, noting that Poland is trying to put up a fight.

The patent lawyers in London talk about Poland’s resistance (via Glyn Moody) and now is the time to phone politicians and let them know that they should bury the unitary disaster of Michel Barnier. Dr. Moody writes:

I’ve been writing about the attempt to craft a Unitary Patent in Europe for some years. The idea in itself is not bad: a patent that is valid across all of Europe. That would simplify filings and save costs, both of which are to be welcomed. But the devil is in the details, and it looks like those details are increasingly devilish.

There are two main issues for this column. The first is that the Unitary Patent could make it easier to obtain software patents in Europe. That’s because German courts are already much friendlier to the idea, and if they approve such patents, they would then be valid even in software patent sceptical countries.

The second is related to the first, and concerns which court would ultimately rule on the validity of Unitary Patents. The two options are the EU’s own European Court of Justice, or else an independent court populated by patent lawyers. The latter would not be an EU institution, and therefore would not need to take cognisance of things like the European Parliament’s rejection of software patents a few years back. It could and almost certainly would do whatever it liked in this sphere, which would lead to a massive expansion in Europe of patents that concern software.

There are lots of deep issues about the overall legality of the Unitary Patent, but here I’d like to concentrate on the more pragmatic issues, which are probably easier to discuss with MEPs who are not necessarily lawyers, and don’t really have time to get into the minutiae of this stuff.

The FSFE, with which Moody often collaborates in public panels, issued the following press release:

The European Parliament is about to vote on a “unitary patent” for Europe in its plenary session on December 11. The proposal currently on the table is widely known to have serious legal and practical problems. In the light of these problems, Free Software Foundation Europe urges the Parliament’s members to delay the vote until a better solution can be worked out.

Under the current proposal, the Parliament would agree to give up its power to shape Europe’s innovation policy. This is a dangerous proposition. Knowledge and innovation are crucial to our future, and we cannot simply delegate their management to a technocratic body such as the European Patent Organisation. Europe’s political institutions have to have the final say over innovation policy. This is a responsibility which MEPs cannot shirk.

“MEPs must not saddle Europe’s innovators with a rotten compromise. Innovation is a key part of our common future, and it is too important to be gambled away in a hasty decision,” says Karsten Gerloff, FSFE’s President.

The political process that has led up to the current proposal has suffered from a marked lack of transparency. The European Parliament still has not published the text of the inter-instutional agreement which it reached with the Council on November 19.

“We are deeply alarmed that such a crucial text may be ramrodded through Parliament before MEPs and the interested public have had a chance to properly consider the text,” says Gerloff.

The most important practical problems with the current package:

* Instead of providing uniformity and transparency for market participants, the current proposal will create divergence and confusion. It will be hard for anyone to obtain clarity on how a patent may be used, or where its powers end.
* Lack of limitations and exceptions puts Europeans’freedom to innovate at risk. There is no provision for compulsory licenses, posing a grave danger to public welfare. The lack of a research exception puts a millstone of risk around the neck of Europe’s scientists.
* – Small and medium-sized enterprises are the backbone of Europe’s economy. If this wrong-headed compromise is accepted, they will bear the brunt of the resulting problems. This is not something that Europe can afford, much less in the midst of an economic crisis.

The most important legal problems with the current package:

* The compromise would lead to a fragmentation of the internal market, as patents would not be uniformly enforceable across all EU member states. Additionally, there would be four overlapping levels of patents existing side by side. This will inevitably create substantial confusion and business risks for innovators and companies.
* A proliferation of courts that may handle patent litigation will inevitably lead to a fragmentation of jurisprudence. This will even further confuse anyone who comes into contact with the patent system, increase the costs of litigation, and make patent risks even harder to calculate for businesses.
* The envisioned Unified Patent Court is incompatible with European law. Europe’s policy makers have failed to address the problems highlighted by the European Court of Justice in its Opinion 1/09 (March 2011). Even the Parliament’s own Legal Services department has doubts about the package’s legality.

A package which leaves such significant problems unaddressed is not fit to be adopted by responsible lawmakers. Policy makers are keen to put this hotly contested issue behind them. But this desire must not lead them to rush into an ill-considered compromise with numerous known problems, in the face of widespread opposition from the patent system’s stakeholders.

FSFE joins large parts of the innovation community, and in particular the Max-Planck-Institute in urging the Parliament to reconsider the unitary patent package. Until a better solution can be achieved, MEPs should heed the age-old principle: First, do no harm.

The Unitary Patent should be axed for good tomorrow. Contact politicians to have them say “no”. Saying no to the Unitary Patent is saying no to monopoly extravaganza.

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

What Else is New

  1. The United States Pressures India to Broaden Patent Scope and Other Monopolies

    The envoy of the US is trying to tell India how to run the country (stricter laws regarding copyrights, trademarks, and patents), as a condition for foreign investment by multinational corporations

  2. Budget and Finance Committee of the Administrative Council (EPO) Confirms Exile of the Boards of Appeal

    Crushing of highly-skilled staff, propaganda in the form of new press releases, and recruitment attempts that won't succeed because the world now knows what goes on inside the European Patent Office

  3. Links 26/10/2016: “softWaves” in Debian 9, Rust in GNOME

    Links for the day

  4. Leaked: EPO's Vice-President Willie Minnoye Saying the Unsayable, Then Threatening Anyone Who Keeps Record (Evidence) of It

    E-mail that would leave Vice-President Willie Minnoye bashful, as it helps show not only bad policy but also attempts at suppression of discussion about it

  5. Puff Pieces of the EPO-IPO (EPO+EUIPO) Have Begun to Appear Amid New Evidence of Brain Drain, Lowered Standards

    The grim vision of the EPO which is losing all its talent (over time), becomes more like a production line (quality does not matter), and produces propaganda for "media positioning" (or "placements") -- all under the guise of 'studies'

  6. Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

    Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

  7. No Promising Future For the EPO Under Battistelli (If Any Future At All)

    Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

  8. Leaked Minutes From the EPO Reveal That Battistelli is Detached From Reality and Blames Everything on “Union Officials”

    Minutes of the Administrative Council's meeting reveal some truly bizarre rants from Battistelli, who simply refuses to accept that the European Patent Office is burning (without a future direction, only burnout and brain drain) under his poor and abusive leadership

  9. Tata/TCS is Still Pushing for Software Patents in India

    The obnoxious company that is promoting Microsoft and software patents in a country that needs neither makes the headlines again (Financial Express)

  10. Links 25/10/2016: Rackspace's Praise of FOSS, Chain Chooses the GPL(v3)

    Links for the day

  11. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  12. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  13. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  14. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  15. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  16. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  17. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  18. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  19. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  20. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  21. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  22. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  23. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  24. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  25. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  26. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  27. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  28. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  29. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  30. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day


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