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02.25.13

Europe, Australia and New Zealand: Patent Updates

Posted in Australia, Europe, Law, Patents at 9:10 pm by Dr. Roy Schestowitz

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Summary: Australia and New Zealand are having software patents phased in by multinational corporations in the same way as in Europe

THE PRESIDENT of the FFII has resumed keeping track of the Unified Patent Court, which would affect us here in the UK, amongst other countries. This disturbing new post says that “Vince Cable signs Unified Patent Court agreement in Brussels: patent attorneys call for a proper economic impact survey before the agreement is ratified”.

Gérald Sédrati-Dinet, a longtime opponent of the Unified Patent Court, wrote that “Only Gandalf can protect Europe from the Unitary Patent”. He says that “with #UnitaryPatent EU has waived even more prowers to #EPO,” which is something that Glyn Moody finds “really depressing” and “fortunately,” he says, “I’m still convinced that #UnitaryPatent will never ever enter into force…”

Sédrati-Dinet ‏worried when “@montebourg ha[d] signed agreement on a #patent court exposing French firms to the threats of #patentTrolls” and Mark Summerfield said that “Sir Robin calls claims that European #patent would save money ‘lies’, based on assumption that you would patent across all Europe.”

André Rebentisch, also from the FFII, ‏wrote: “Berlin Airport everywhere: Business Europe says let’s adopt #Unipat Court in neglect of technical difficulties http://www.europolitics.info/business-competitiveness/patent-if-the-system-is-not-operational-it-won-t-be-used-art348322-45.html …”

Separately he wrote: “Yesterday speech of Commissioner Michel Barnier on unitary patent http://europa.eu/rapid/press-release_SPEECH-13-132_en.htm?locale=en …” (Barnier is one of the principal architects and boosters of this whole mess).

Here is part of Sédrati-Dinet’s detailed analysis of this subject:

Now that, despite all legal, political and economic issues, the European Parliament has approved the regulation on the unitary patent, just as anticipated, it is time to move away from the legislative battle. The unitary patent has still a long way to go before becoming applicable. It is likely that it will be nothing more than a stillborn child. Meanwhile, the threat is hovering over European innovation and growth. It is time now to see whether and how Gandalf’s magical powers can overcome dark forces of Mordor.

New Zealand has been following the same trajectory as the EU because the “forces of Mordor,” as Sédrati-Dinet calls them (referring perhaps to multinationals), sought to make the 'as such" trick a matter of law and then, through trade agreements (so-called uniformity and unification) they try to export/import primarily US-based software patents. It is the same in Australia, which has gone along a similar route (being somewhat of a US client state, as the Julian Assange story helped show).

Here is a noteworthy new article about what happens in New Zealand:

Recently I wrote about looming changes to New Zealand’s patent laws that could have a dramatic and lasting impact on the future shape of New Zealand’s tech sector.

The hope held out by many was that software would be excluded from being covered by patents, however it now appears that the government is likely to change patent legislation so that software can be patented.

Even though the Commerce Select Committee and numerous industry experts have all recommended that software be excluded from patentability, amendments made to the bill after pressure was placed on the government could be sufficiently vague that software could end up being patented.

Yes, just like here in Europe. Be prepared for NZ and Australia to sign some more ‘free’ ‘trade’ agreements to help pave the way to a global patent system where software is patentable (as covered here many times before). That is, unless we rise up and stop this global, as in worldwide, madness…

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