Bonum Certa Men Certa

Patent Policy Laundering in the European Union and New Zealand

Policy globalisation

Laundry in Paris
Doing laundry in Paris, by LWY



Summary: How the so-called 'free' trade agreements help spread patent policy which favours software patents

The subject of software patents in Europe returned to the headlines in light of the Unitary patent, which this new paper calls a matter of playing with fire. Basically, the EPO's overreach may prove counter-productive, not just contradictory to law (the EPO already disregards the law). Here is the EPO promoting the Unitary patent and Unified Patent Court, which are basically mechanisms for overriding the legal mechanisms of over a dozen nations (the UK already prepares for this policy laundering). It's micro-globalisation, or the first stage of a broader assimilation all around the globe.



"It's micro-globalisation, or the first stage of a broader assimilation all around the globe."Ante from the FFII writes about cross-Atlantic treaties that have a similar effect of policy laundering. He writes: "With the software patents directive the Commission told us it was only about computer implemented inventions, not about software patents. Looking at the text, we knew that was not true."

It seems like patent system globalisation is taking place (as we covered here many times before), jeopardising laws that ban software patents quite explicitly. In NZ (c/f software patents in New Zealand), for instance, the TPPA is believed to have impact on software parents policy. From the introduction of this very detailed post: "But how come the TPPA is connected with intellectual property (IP) and copyright law? The fact is that free trade and investment agreements have almost nothing to do with trade as we understand it. Their rules are designed for, and indirectly by, the most influential corporations in the countries involved. And guess who dominates? Major American corporations ranging from the world’s biggest drug companies and banks to Hollywood comprise almost 600 cleared advisors that get to see the secret text and lobby for their interests. Getting their demands into trade agreements is part of a general move towards “forum shifting” and “policy laundering” which refer to moving debate away from places where there is at least some requirement for public input and transparency, such as elected parliaments. Librarians, artists, writers, Internet businesses, schools, universities, museums, scientists and Internet users in general are all concerned about what the IP provisions of the TPPA will do to New Zealand’s copyright law."

Scroll down to the following part: "Extending Patents To Software

"Ante from the FFII writes about cross-Atlantic treaties that have a similar effect of policy laundering.""Another major issue is software patents. In New Zealand software is currently patentable merely because the Patents Act 1953 predated the widespread existence of software, and therefore does not specifically exclude it. In 2010, following submissions from a large number of software developers during the review of the Patents Act, the Commerce Commission Select Committee, recommended unanimously to the then Minister of Commerce, Simon Power, that software be specifically excluded from patentability in the resulting updated Patents Act. He and his successors have publicly supported this recommendation. New Zealand software developers saw this as a huge victory for common sense and for the future of innovation in New Zealand. But despite multi-partisan government support, the Patent Bill with its software patent exclusion has not yet been passed into law. Although the Government has made assurances to the contrary, many in the software industry wonder if the delay in passing the Patents Bill into law is due to the IP chapter in the TPPA being incompatible with a software patent exclusion.

"It is worth noting that IP claims are infecting other “non-IP” chapters of the TPPA. In fact a lot of the public health concerns relate to pharmaceutical patents blocking access by generic companies to their products, thereby delaying their availability on the market.15 This is part of the plan for undermining Pharmac. It was interesting to hear intellectual property being invoked as the basis of the case for Phillip Morris’ challenge to the New Zealand and Australian governments about their proposals for plain packaging of cigarettes.16In a completely Orwellian turn of events/phrase it seems that even the most corrupt of businesses - in this case Big Tobacco - are able to claim some weird moral ground through claims of IP and copyright.""

So now we know that those 'free' trade agreements may actually be cross-continental bridges for patent policy.

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance