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. The UPC Scam Part VII: A Fine Mess in the Making, as Nothing Can be Made of It Amid/After Brexit

    The final part in this multi-part series about UPC, which cannot be implemented in the UK as long as Brexit is on the agenda



  2. The UPC Scam Part VI: The Real Story Which People Missed Due to Puff Pieces Seeded by Battistelli-Bribed Media is That UPC Technically Cannot Come to the UK

    Another long installment in a multi-part series about UPC at times of post-truth Battistelli-led EPO, which pays the media to repeat the lies and pretend that the UPC is inevitable so as to compel politicians to welcome it regardless of desirability and practicability



  3. EPO Spiraling Down the Drain as Experienced Examiners and Judges Are Seemingly Being Replaced by Interns

    Implementing yet more of his terrible ideas and so-called 'reforms', Battistelli seems to be racing to the bottom of everything (patent quality, staff experience, labour rights, working conditions, access to justice etc.)



  4. A Lot of News From the Supreme Court (SCOTUS) Today, With Some Important Decisions on Patents Coming Soon

    A roundup of today's outcomes from the US Supreme Court, which intends to review and decide on important patent cases



  5. In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

    A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS



  6. Good Riddance. Ray Niro is Dead.

    The infamous father of patent trolling is dead, so we need to remember his real legacy rather than rewrite his history to appease his rich relatives (enriched by destroying real companies)



  7. EPO Suicides Greater in Number Than is Widely Reported, Unjust System a Contributor to These

    The horrible regime of Benoît Battistelli has an enormous human toll (fatalities), far greater than the Office is willing to publicly acknowledge



  8. Lobbying Disguised as 'Reporting' by the Patent Microcosm, Which Wants More Patents and More Lawsuits (Lawyers Needed)

    A rebuttal to some new articles about patents, especially those that strive to increase patent-related activities (usually for personal gain)



  9. USPTO Echo Chamber That Lacks Actual Software Professionals Deciding on Patentability of Software

    A look at yesterday's "Roundtable on Patent Subject Matter Eligibility," which lacked involvement from those actually affected by patents rather than those who sell, trade, and exploit these



  10. More Examples of Microsoft and Its Patent Trolls Taxing Linux, Even After Microsoft 'Joined' (Paid) the Linux Foundation

    A quick look at the past week's news and clues about Microsoft's (and its broad army of patent trolls) strategy for taxing Linux, or imposing bundling at zero cost (to Microsoft)



  11. Heiko Maas, the SPD “Cash for Access” Affair, and Suspicions of Unwarranted Censorship at IP Kat (Again)

    Unsayable views or just a glitch? Readers of IP Kat express concern about a culture of censorship at IP Kat



  12. Endgame for Battistelli at the European Patent Office (EPO)

    Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)



  13. Les Échos Chamber: Having Corrupted the Media (With EPO Money), Battistelli Now Uses It for More UPC Propaganda

    The lies about the Unitary Patent are now being broadcast (Battistelli given the platform) by the publication that Battistelli pays



  14. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  15. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  16. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  17. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  18. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality



  19. EPO at a Tipping Point: Battistelli Quarrelling With French Politicians, Administrative Council Urged to Act, Staff Unrest Peaking

    The latest messages about Battistelli's regime at the EPO, which faces growing opposition from more directions than ever before



  20. Quality of Patents at the EPO Dependent on the Appeal Boards When Battistelli Assesses Performance Using the Wrong 'Production' Yardstick

    A look at some recent articles regarding patent quality in the US and in Europe, in particular because of growing trouble at today's EPO, which marginalises the appeal boards



  21. Microsoft's Push for Software Patents Another Reminder That There is No 'New' Microsoft

    Microsoft's continued fascination with and participation in the effort to undermine Alice so as to make software patents, which the company uses to blackmail GNU/Linux vendors, widely acceptable and applicable again



  22. Links 5/12/2016: SparkyLinux 4.5 Released, Kondik Exits Cyanogen (Destroyed After Microsoft Deal)

    Links for the day



  23. Software Patents Continue Their Invalidation Process, But Patent Law Firms Try to Deny This in Order to Attract Misinformed (or Poorly-Informed) Clients

    A roundup of news about software patents and demonstration of the sheer bias in the media, which is mostly controlled or steered by the patent microcosm rather than actual inventors



  24. Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

    An update on Intellectual Ventures and Unwired Planet, whose operations pose a growing problem for Free software and Linux-based products (e.g. Android)



  25. Asia's Patent Litigation Chaos Getting Worse, Reaching Countries in the West, and Sites Like IAM Actively Promote This

    The race to the bottom (of patent quality) in China, the growth of patent trolls in the region, and the ruinous litigation strategy which now spills over even to the US -- through the Eastern District of Texas -- and may inevitably come to Europe (especially if the UPC ever becomes a reality)



  26. More French Politicians Are Complaining That Benoît Battistelli is a Disgrace to France and Urge for Action

    The backlash against Battistelli spills well outside the EPO and is now apparent even at the French National Assembly



  27. Links 3/12/2016: Mageia 5.1 Released, Mozilla Revenue at $421.3M

    Links for the day



  28. Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

    Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America



  29. Blockchain Domain Infested With Software Patents, MasterCard Among the Culprits

    Worrying signs that an area of Free/Open Source software innovation is getting impacted by the plague of software patents



  30. Dutch Media Covers Latest EPO Scandals, German Media Totally Absent (a Media Blackout of Convenience)

    Our observations regarding the apparent media disinterest in EPO scandals, especially at the very core of the EPO (principal host country)


CoPilotCo

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

CoPilotCo

Recent Posts