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

05.20.13

Patent Policy Laundering in the European Union and New Zealand

Posted in Europe, Patents at 4:17 am by Dr. Roy Schestowitz

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.

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. EPO: Goodbye to the Rule of Law and Hey Hi, AI!

    The EPO’s embrace of buzzwords — no longer a unique EPO strategy (it has already spread elsewhere) — puts examiners in a very bad position and they’re grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)



  2. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  3. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  4. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  5. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  6. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  7. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  8. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  9. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  10. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  11. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  12. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  13. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  14. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  15. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  16. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  17. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  18. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  19. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  20. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  21. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  22. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  23. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  24. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  25. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  26. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  27. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  28. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  29. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  30. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide


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