Bonum Certa Men Certa

'IP' People Want to Add Software Patents to New Zealand and Europe

New Auckland montage
Picture by Taifarious1, Creative Commons Attribution-ShareAlike 3.0 License.



Summary: Another update from New Zealand and interesting developments from Europe, where Spain stands in Michel Barnier's way

THE patent situation in New Zealand currently resembles the situation in Europe. Multinationals and lawsuits-loving lawyers are trying to use or even abuse the system for their own agenda to be advanced and interests promoted at the expense of citizens' (including developers). We find some of these people in Twitter. "Twitterer suggest general dislike of patents is crypto-luddism," writes Carlo Piana, but "It's the opposite: current system stifles innovation. [Software patents] hundredfold so..."



The legal 'industry' in New Zealand has been promoting software patents in New Zealand not because they would be beneficial to the software industry (which overwhelmingly rejects them, based on numerous new polls). Someone called "IPMentor" (probably from the field of law, as the name may suggest) has just gotten this opinion published in the press. It contains many common fallacies in there (mostly easy to spot). To give one example:

The Uniservices conclusion is just about opposite to the MED policy driver behind the current Bill – patents are to be discouraged because their benefits will flow overseas.

And what of the software ban? Well, the select committee has had a bit of a bob each way. The amended Bill bans patents for “computer programs.” But the explanatory note says their intention is not to ban patents for “embedded software” – and then says trying to define the difference between the two was too hard, so the intellectual property office should be left to draft appropriate guidelines.


No, a bill which permits software patenting would have the completely opposite effect because it would put New Zealand in a position of disadvantage, it gives its developers no safety from outside coercion. Ideally, the Bill should not just ban software patents; there are loopholes which need to be closed too, ones involving phrases or depictions like "on a device".

Over in Europe, a debate takes place regarding software patents as well. It seems like Florian was the first to cover it.

I participated in the KnowRi€§ht conference in Vienna, Austria, where I was invited on ultrashort notice to give a speech on "Software Patents, Standards & Competition".

The big controversy at that conference clearly related to the future of the European patent (and patent court) system. I will report on that in a later post. Previously I'd like to summarize the outline of intellectual property rights matters on the EU agenda that a European Commission official gave at the conference.

Before I get into details of Dr. Jens Gaster's comments, I have to mention that he pointed out at the beginning of his speech that he was not acting as a spokesman of the institution that employs him (the European Commission) but instead in a personal capacity as a lecturer. It was an academic conference and Dr. Gaster continues to pursue an academic career in addition to his work for the Commission.


There is more here about the FFII's presentation (titled "What's wrong with the UPLS?").

The FFII criticizes that an incredibly powerful, international patent and patent court system would then be able to take controversial decisions while there wouldn't be a single powerful and democratically elected legislator that could correct undesirable developments through new and better laws.

The FFII doesn't mean that the judges themselves should be under democratic control (judges should always be as independent from political bodies as possible) but that there should be a lawmaking body that can pass new legislation related to all aspects of patent law. Even the European Parliament wouldn't be able to do so. It has to share legislative powers in the EU with the national governments of the Member States, and the geographic scope of the UPLS would go beyond the borders of the EU itself.

Critics of the UPLS also have structural concerns, such as over what would happen if such a relatively autonomous court system exclusively specialized on patents and detached from the general judicial framework had to rule on a case in which a party claims fundamental rights under its country's constitution.

[...]

For the event that the European Court of Justices "gives some green light" for the reform initiative, Benjamin Henrion predicts "huge lobbying."


JM Cerqueira Esteves says that "According to PT's INPI, the Norwegian Ind Prop Office is having today & tomorrow a debate on software patents (Except that our INPI uses, of course, the "computer-implemented yada yada" newspeak we're well acquainted with)." Here is the English version of the page.

The primary role of The Norwegian Industrial Property Office (NIPO) is to support Norwegian industry and promote economic growth. Raising awareness and increasing understanding of industrial property rights is an essential element in enabling companies to secure their investments and develop a competitive edge in the global market.


Florian says that the "EC [is] likely to put EU-wide patent plans on hold due to lack of support from Spain" and he points to this new article. FFII's president (Benjamin Henrion) adds or quotes: "No country will allow their companies to be discriminated in profit of Central-EU, US and JP big multinationals."

"The article does not seem to be available online anymore," he told us.

This article says that European commissioner Michel Barnier (he is the "man whose job is to pass anti-Free(dom) software laws," as we put it back in December) regretfully needs "to put EU-wide patent plans on hold" and that he is "frustrated at lack of help from Spain". To quote some more portions: "The creation of the patent has been an economic priority for the EU for ten years, and is a major goal of the Europe 2020 economic growth strategy."

“It is innovation that distinguishes the leading countries from all others.”
      --Miguel Sebastián, Spain's industry minister
That's nonsense. See the presentation from the FFII for gory details about UPLS.

The article says: "Barnier had planned to present the relevant draft legislation on 18 May, in time for a political agreement by industry ministers at a meeting on 25-26 May, the last they will have under the Spanish presidency. But officials said that Barnier was becoming frustrated with Spain's unwillingness to negotiate on the dossier or to prioritise work on it in the Council."

Well, Spain should be congratulated. It is doing the right thing here. As we already know: "Sweden brokered a deal on the specifications for an EU-wide patent during its presidency of the Council of Ministers in the second half of 2009." We wrote about this at the time.

Lastly, Spain's industry minister Miguel Sebastián is quoted as saying, “It is innovation that distinguishes the leading countries from all others.” As everyone ought to know, patents and innovation are not the same thing and what Barnier is proposing opens the door to software patents in Europe.

Recent Techrights' Posts

This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
 
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026