The issue of software patents in Europe is affected by strict rules which help prevent total abomination [1, 2]. The same goes for unconstitutional aspects of ACTA (for background see [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14]). Unconstitutional aspects of the EU patent currently help keep it at bay:
"After the Opinion of the Advocates General of July 2, 2010 in the case 1/09 which had come to the conclusion that the Proposal for an Agreement on a combined court system for EPC and EU patents is incompatible with the EU Treaties , now the European Court of Justice (CJ) has spoken.
The solution for software patents in Europe: ECJ outside of the law, the Benelux court hack: http://ur1.ca/42xyv
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: "The Opinion comes to the conclusion that The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty."