Bonum Certa Men Certa

Cablegate: Chancellor Merkel Organises Initiative Striving for “Increased Support for Cooperation Between U.S. and EU Patent Agencies”

Cablegate



President and First Lady Obama with Chancellor Merkel

Summary: US perspective on the EU Patent, which is a prelude to a global patent, permitting far-reaching litigation even with software patents

EUROPE is under an assault to assimilate. We previously covered a related cable about the EU Patent, which helps create a bridge towards a Global Patent (more on that later). The effects would be devastating to everyone but monopolists and their patent lawyers.



The following 2006 Cablegate cable shows us how negotiations of the EU Patent has been going. €¶4 of the first cable says that "Notes from the Chancellery's working group on IPR, provided by a BDI representative, focused on fighting piracy and cooperating more in the area of patents. On combating piracy, the working group recommends coordinating diplomatic efforts to apply political pressure on countries where piracy originates; improving cooperation among customs agencies; and taking political steps to implement a public consumer awareness campaign on pirated and counterfeit goods. For improving transatlantic cooperation on patents, the IPR working group recommends reaching agreement on the Substantive Patent Law Treaty (SPLT); recognizing common U.S.-EU standards; establishing an international court specializing in patent-law; and recognizing extended patent protection for substances that are subject to licensing procedures. The working group also recommended improving cooperation between the EU and U.S. patent offices through targeted programs like establishing exchanges of patent reports, creating a central database for formal data on patents, creating a worldwide standard patent application format, establishing higher quality standards for patent agencies and increased support for cooperation between U.S. and EU patent agencies. For patent applicants or users, the working group recommends prohibiting patents for business practices and formally prohibiting the practice of "patent trolling." (Note: These recommendations have yet to be presented to the Chancellor for approval and will become part of a larger paper listing the working groups' recommendations. End Note)."

Just "prohibiting the practice of patent trolling" is not going to address the main problem, which is monopolisation. Trolls are often just pawns in this battle and they mostly hurt the monopolists. Removing them only gives more incentive for multinationals to support this scheme. And as explained in the latter cable, "The EU has long had a goal of creating a single EU patent system under which, as in the United States, a patent could be applied for and granted through a single office, valid in all 27 member states."

Their long term goal is a global patent subservient to the US system i.e. the USPTO with all of its software patents (hundreds of thousands of them, depending on criteria). We will show this separately in a cable about Japan. In the mean time, consider this:








VZCZCXRO6490 PP RUEHAG RUEHROV DE RUEHRL #3518/01 3491551 ZNY CCCCC ZZH P 151551Z DEC 06 FM AMEMBASSY BERLIN TO RUEHC/SECSTATE WASHDC PRIORITY 6435 INFO RUCNMEU/EU INTEREST PRIORITY RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUCNFRG/FRG COLLECTIVE PRIORITY RUEATRS/DEPT OF TREASURY WASHDC PRIORITY RUEHBS/USEU BRUSSELS PRIORITY RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 003518

SIPDIS

SIPDIS

STATE FOR EB/TPP, EUR/ERA, AND EUR/AGS USTR FOR DDWOSKIN, MMOWREY, SDONNELLY USDOC FOR KPARSONS

E.O. 12958: DECL: 12/14/2016 TAGS: ETRD [Foreign Trade], EFIN [Financial and Monetary Affairs], ECIN [Economic Integration and Cooperation], KIPR [Intellectual Property Rights], PREL [External Political Relations], GM [Germany] SUBJECT: GERMANY HONING TRANSATLANTIC ECONOMIC INITIATIVE

REF: A. BERLIN 1747

B. BERLIN 3076

Classified By: DCM John Koenig for reasons 1.4(b) and (d).

€¶1. (C) Summary: The Chancellor and other senior German officials continue to note Germany's economic agenda for its EU presidency includes promoting a more highly integrated transatlantic market place, while at the same time reiterating support for a successfully concluded Doha Development Agenda (DDA). The exact parameters of the Chancellor's transatlantic economic initiative have continued to evolve over the past four months, moving from exploring the possibility of a transatlantic free trade agreement (TAFTA) (ref A) to the current formulation, which focuses mostly on overcoming or alleviating regulatory barriers. Merkel recently brought together leaders from business and government to help define this transatlantic initiative. The reformulation resulted from German officials concluding a free trade agreement would not achieve much in terms of tariff reduction on non-agricultural products and would face the same challenges on agriculture market access the EU and U.S. are currently confronting in the DDA. The Chancellery and other ministries have become more careful to stress that the primary objective remains a successful Doha Round, but that they also see the transatlantic market place initiative as something which could subsequently contribute to improved prosperity on both sides of the Atlantic. German business and government officials say they plan to reach out to parliamentarians and Members of Congress to discuss the initiative. End Summary.

--------------------------------------------- --------------- Fleshing Out German Thoughts on Transatlantic Economic Cooperation --------------------------------------------- ---------------

€¶2. (SBU) Taking a further step to refine thinking on increasing trade between the U.S. and EU, representatives from German government and business met November 22 at the Chancellery to discuss how to integrate further the transatlantic market economy. Starting from a premise that any type of a transatlantic free trade agreement is unrealistic, Chancellery and business representatives from the Federation of German Industries (BDI) have sought to find a more pragmatic way forward. Both government and business representatives characterize their initiative as complementary to Doha, rather than an alternative or competing idea. All continue to stress the importance of a successful DDA, even though many officials and business people privately offer serious misgivings over the prospects for the Round. At the request of Chancellor Merkel, who has publicly stated her desire for a transatlantic economic element in Germany's EU presidency, business and government representatives created working groups in five key areas -- Energy, Finance, IPR, Standards, and Environment -- to flesh out concrete proposals. Officials noted the first session was intended to develop a work program for each group, with the working groups presenting their recommendations on December 20.

€¶3. (SBU) According to Stefanie Conrad of the Chancellery's Foreign Trade and G-8 Office, Merkel wants the U.S. and EU to use what she sees as already excellent economic relations to move forward on more challenging economic issues, particularly on regulatory convergence and standards recognition in the five aforementioned areas. The working groups would develop recommendations in terms of what they actually see as achievable. Chancellery officials see only limited success in the previous efforts dealing with regulatory and standards issues and say Merkel is looking to give these efforts, and the overall transatlantic economic relationship, a higher-profile. She wants political leaders involved in the issues rather than leaving them to experts for discussion. German officials see engaging Congress as an important part of the equation. They see the Federation of German Industry's annual US-German Roundtable, which brings U.S. Members of Congress to Germany to discuss transatlantic issues, as an opportunity for such engagement. The roundtable is scheduled to take place in Hamburg in February 2007.

--------------------------------

BERLIN 00003518 002 OF 002

A Glimpse Inside A Working Group --------------------------------

€¶4. (C) Notes from the Chancellery's working group on IPR, provided by a BDI representative, focused on fighting piracy and cooperating more in the area of patents. On combating piracy, the working group recommends coordinating diplomatic efforts to apply political pressure on countries where piracy originates; improving cooperation among customs agencies; and taking political steps to implement a public consumer awareness campaign on pirated and counterfeit goods. For improving transatlantic cooperation on patents, the IPR working group recommends reaching agreement on the Substantive Patent Law Treaty (SPLT); recognizing common U.S.-EU standards; establishing an international court specializing in patent-law; and recognizing extended patent protection for substances that are subject to licensing procedures. The working group also recommended improving cooperation between the EU and U.S. patent offices through targeted programs like establishing exchanges of patent reports, creating a central database for formal data on patents, creating a worldwide standard patent application format, establishing higher quality standards for patent agencies and increased support for cooperation between U.S. and EU patent agencies. For patent applicants or users, the working group recommends prohibiting patents for business practices and formally prohibiting the practice of "patent trolling." (Note: These recommendations have yet to be presented to the Chancellor for approval and will become part of a larger paper listing the working groups' recommendations. End Note).

€¶5. (SBU) The transatlantic economic initiative might also be a topic for the U.S.-EU Summit in April, according to Chancellery officials. They note that Merkel is personally involved in the decision making on this subject and thus wants her stamp of approval on every aspect of this initiative. As currently envisioned, points for discussion would be on how to structure a more formal arrangement for dealing with regulatory and standards issues, providing the initiative with a strong political grounding, and agreeing to clear goals that advance U.S. and German common interests related to this initiative.

------- Comment -------

€¶6. (C) Germany's current efforts to produce a workable transatlantic market place initiative reflect a new approach to old themes. The Chancellery's deliberate and evolving approach shows as well the importance Merkel has attached to producing a tangible objective for Germany's EU presidency and a possible deliverable for the U.S.-EU Summit. Trade affected by regulations and standards is a growing share of the $3 trillion annual transatlantic ($160 billion U.S.-Germany) economic relationship; progress in this area could bring strong benefits to companies on both sides of the Atlantic. The government's focus on standards and regulations is a sign that German business and government realize the transatlantic market place initiative cannot replace a successful outcome to Doha, which remains a Germany priority. By engaging a variety of upper and mid-level business and government officials, German officials hope to produce an honest assessment with broad commitment as to what is achievable in terms of regulatory convergence and standards recognition. Germany could use this assessment to persuade skeptics in Brussels and other EU member states that Germany's, and EU's, interests lie in accelerating the important process of regulatory convergence and standard recognition. TIMKEN JR







Several years later, US politicians were jubilant, saying that the "EU Makes Progress Towards, An EU-wide Patent System" (from Monday, the 14th of December, 2009). "The ministers also reached a deal on the establishment of an EU patent court system," says the cable, "that would set up a single European appeals courts for patent infringement disputes. The agreement paves the way for further discussion, under Spanish and later Presidencies, towards a future patent system, but, given institutional and procedural hurdles, such a system is likely still one or more years away." Here is the full cable:








VZCZCXRO5488 RR RUEHIK DE RUEHBS #1673/01 3481522 ZNR UUUUU ZZH R 141522Z DEC 09 FM USEU BRUSSELS TO RUEHC/SECSTATE WASHDC INFO RUCNMEM/EU MEMBER STATES COLLECTIVE RUEHSS/OECD POSTS COLLECTIVE

UNCLAS SECTION 01 OF 02 BRUSSELS 001673

SENSITIVE SIPDIS

STATE FOR EUR/ERA KESSLER STATE FOR NSC KVIEN, DBELL STATE FOR EEB/TPP/IPE URBAN USDOC FOR ITA/MAC/EUR/OEU/DEFALCO USDOC FOR ITA/MAS/OCG/JFERMAN USDOC FOR ITA/MAS/OTEC/RBLANKENBAKER STATE PASS TO USTR

E.O. 12958: N/A TAGS: KIPR [Intellectual Property Rights], EIND [Industry and Manufacturing], ETRD [Foreign Trade], SENV [Environmental Affairs], ECON [Economic Conditions], TPHY [Physical Sciences], TSPL [Science and Technology Policy], EUR, EUN [European Union] SUBJECT: EU MAKES PROGRESS TOWARDS, AN EU-WIDE PATENT SYSTEM

BRUSSELS 00001673 001.2 OF 002

€¶1. SUMMARY: At a Competitiveness Council meeting in Brussels December 4, EU industry ministers reached a political agreement on a process to move toward setting up a single EU patent to replace the multitude of national patents in force across 27 member states. The ministers also reached a deal on the establishment of an EU patent court system that would set up a single European appeals courts for patent infringement disputes. The agreement paves the way for further discussion, under Spanish and later Presidencies, towards a future patent system, but, given institutional and procedural hurdles, such a system is likely still one or more years away. END SUMMARY

---------- BACKGROUND ----------

€¶2. The EU has long had a goal of creating a single EU patent system under which, as in the United States, a patent could be applied for and granted through a single office, valid in all 27 member states. Such a system would, according to Commission proponents, save firms at least 150 million Euros/year.

€¶3. The EU has tried and failed to launch a common patent a number of times. The first effort was the Community Patent Convention (CPC) signed in Luxembourg, December, 1975, by the nine EU states at the time, but never ratified. An Agreement Related to Community Patents was signed by the EU 12, in Luxembourg in December, 1989, but also was never ratified by all signatories and thus never entered into force. A political agreement on an approach to an EU patent was achieved in 2003, but foundered in 2004 when the Competitiveness Council failed to agree on details of the regulation.

€¶4. Unable to reach agreement on a common patent, European member states agreed to the European Patent Convention, which created the European Patent Office (EPO). This differs from a community-wide patent in that the EPC is a mutual recognition of nationally agreed patents and includes non-EU European states as signatories. The arrangement does not, however, represent a centrally enforceable, European Union-wide patent.

------------------------------------------- LATEST EFFORTS MAY BE MORE SUCCESSFUL . . . -------------------------------------------

€¶5. At a December 4 Competitiveness Council meeting, the Swedish presidency was able to use new powers under the Lisbon Treaty to gain get member states to agree to the basic parameters of an approach to an EU common patent and supporting institutions. The Commission will use this result to draw up specific legislative proposals. Political agreement on the key elements of the proposal should facilitate adoption by the Council and European Parliament.

€¶6. Article 118 of the Treaty on the Functioning of the European Union (TFEU), which consolidates the Treaty of the European Union with the Treaty of Lisbon, provides for the creation of European intellectual property rights (IPR) and the setting up of centralized, EU-wide arrangements for the authorization, coordination, and supervision of IPR in the EU. It also calls for establishment of language arrangements for translations of European IPR, long an issue in the creation of an EU patent. The entry into force of Lisbon on December 1, then, provided additional clear legal support for the patent.

€¶7. The new political agreement on an Enhanced Patent System in Europe calls for the creation of a European and EU Patents Court (EEUPC), an EU patent (along with a separate regulation governing translation arrangements for the EU patent), an enhanced partnership with the EPO, and, as necessary, amendments to the EPC. Under the agreement, the EEUPC would be made up of a Court of First Instance, a Court of Appeals, and a Registry. The EEUPC would be financed by court fees and contributions from the EU member states at least during the transition period (five years after entry into force). The court would be composed of judges with patent litigation experience at the national level. In addition, non-EU

BRUSSELS 00001673 002.2 OF 002

contracting members of the EPC could accede to the agreement as well.

-------------------- . . . BUT NOT A LOCK --------------------

€¶8. But hurdles remain. The European Union Court of Justice (EUCJ) is currently considering whether a new European patent court can be set up (presumably out of concern that such a system could be contrary to the EUCJ's role as guardians of the EU Treaties). Member states are not united in their support for an EU-wide patent, with national patent offices set to lose patent renewal fees and some competence under the proposal. And, while the Lisbon Treaty offers legal support for both a centralized approach to IPR and patent systems and translation arrangements, the mechanics of both are unclear.

---------- CONCLUSION ----------

€¶9. While the notion of an EU-wide patent has been around for some time, this agreement should come as welcome news for supporters of a strong internal market and a more robust EU patent regime. With entry into force of a final regulation two or three presidencies away, there is time yet for a roadblock or two, with the EUCJ opinion the largest potential deal maker or breaker. But political will for an agreement, combined with the legal support of Lisbon, make an EU-wide patent regime more likely than not in the near future.

MURRAY .







As pointed out above (and as we covered in this site before), "The European Union Court of Justice (EUCJ) is currently considering whether a new European patent court can be set up (presumably out of concern that such a system could be contrary to the EUCJ's role as guardians of the EU Treaties). Member states are not united in their support for an EU-wide patent, with national patent offices set to lose patent renewal fees and some competence under the proposal. And, while the Lisbon Treaty offers legal support for both a centralized approach to IPR and patent systems and translation arrangements, the mechanics of both are unclear. [...] the EUCJ opinion the largest potential deal maker or breaker. But political will for an agreement, combined with the legal support of Lisbon, make an EU-wide patent regime more likely than not in the near future."

We really need to stop this in order to keep software patents away and hopefully squash them all together, in one fell swoop.

Recent Techrights' Posts

All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
 
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt