Bonum Certa Men Certa

Global Patent System

NAFTA approach applied to patent systems internationally

NAFTA logo



Summary: Trans-Atlantic negotiations are potentially being used to override local patent laws and assimilate them to US patent law (which permits software patents)

A quick and convenient way to subvert a country's rule of law is an invasion (political), a takeover (commercial), or negotiation that excludes the public (corruption). Such is the case with some of the opaque treaties we have seen being agreed upon, e.g. in Korea. Old old people in Korea understand the value of independence.



A global patent systems which Microsoft so publicly craves enables a company to tax or to block imports of rival products internationally. The "Trilateral Patent Offices" are defined by Wikipedia as follows:

The Trilateral Patent Offices, or simply the Trilateral Offices, are the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). In 1983, these patent offices set up a programme of co-operation in an effort to "improve efficiency of the global patent system"


In New Zealand, people have been fighting hard against attempts from American multinationals to legalise software patents. One of the better journalists in Australia's IT news sites speaks of a treaty being cooked:

The US is pushing for the acceptance of a wide-ranging treaty, called the Trans-Pacific Partnership Agreement; a round of negotiations has just ended in Chicago. The next round is due in Peru later this month.

All negotiations are held in secret and no government has gone on the record about what is being negotiated for fear of displeasing the US.

The New Zealand software patents bill is likely to contradict portions of the proposed IP regime of the TPPA and in this context the delay to pass the bill into law becomes understandable.


Appalling.

According to Benjamin Henrion, "China granting software patents page 255, undefined technical character, reference to law of nature http://t.co/EdWxTTm" (see what we wrote during the weekend about Japan's role).

Henrion also notes that the EPO is up to no good because of the unification theme:

EPO pushing for a central patent court and the non-EU patent: http://t.co/5i6SZjX


We recently showed some Wikileaks cables [1, 2, 3, 4] that help verify what Henrion has been saying about the EU Patent, so this post from the EPO is quite worrying. They are trying to imitate the USPTO.

On 8 September 2011, the US Senate passed a patent reform bill known as the America Invents Act. It makes some of the biggest changes to US patent law seen in the last 60 years; for one thing, it enshrines the switch from “first-to-invent” to “first-to-file”. The bill should be signed into law by President Obama this week and enter into force over the coming months. Considering the magnitude of the changes, I can well imagine the difficulties that must have faced the bill’s proponents during its passage, even if it was adopted by a large majority in the end.

In the late 18th century, the Americans set up the world’s first modern patent system – an achievement of which they can be very proud. It has been continuously improved over the years, but a gap had opened up as the world’s other patent systems evolved. That is why the US authorities have been trying to reform it, especially during the last 15 years. There may have been a variety of different reasons behind this move, but certainly one of the main ones was the need to adapt the national framework to new global economic conditions, in order to foster the country’s innovative capacity and thereby stimulate its economy. Indeed, this reform was expressly mentioned in President Obama’s recent speech on the American Jobs Act.


American Jobs Act. Got to love the name, eh? Those "Acts" typically have the completely opposite effect from what they name may suggest (Patriot, Protect IP, and so on). The bottom line is through gradual assimilation the EPO may make itself more attractive 'merger' target (these are not companies) for the USPTO. Cablegate teaches us it's not far fetched at all.

Recent Techrights' Posts

Microsoft Inside Debian is Sabotaging Debian and Its Many Hundreds of Derivatives With SystemD (Microsoft/GitHub Slopware With Catastrophic Bugs is Hardly a New Problem)
What is the moral of the story about The Scorpion and the Frog?
[Meme/Photography] Photos From the Tux Machines Parties
took nearly a fortnight
 
[Meme] Debian's 'Cannon Fodder' Economics
Conflicts of interest don't matter
Conviction, jail for Hinduja family, Debian exploitation comparison
Reprinted with permission from Daniel Pocock
According to Microsoft, It's Not a Code of Conduct Violation to Troll Your Victims Whose Files You Are Purging
The group of vandals from Microsoft think it's "funny" (and for a "nominal fee") to troll Microsoft critics
Links 23/06/2024: Hey Hi (AI) Scrapers Gone Very Rogue, Software Patents Squashed at EPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 22, 2024
IRC logs for Saturday, June 22, 2024
Gemini Links 23/06/2024: LoRaWAN and Gemini Plugin for KOReade
Links for the day
Links 22/06/2024: Chat Control Vote Postponed, More Economic Perils
Links for the day
Uzbekistan: GNU/Linux Ascent
Uzbekistan is almost the same size as France
SLAPP as an Own Goal
We have better things to with our limited time
Independence From Monopolies
"They were ethnically GAFAM anyway..."
GNU/Linux at New Highs (Again) in Taiwan
latest numbers
Links 22/06/2024: More Layoffs and Health Scares
Links for the day
Rwanda: Windows Falls Below 30%
For the first time since 2020 Windows is measured below 30%
[Meme] IBM Lost the Case Over "Dinobabies" (and People Died)
IBM agreed to pay to keep the details (and embarrassing evidence) secret; people never forgot what IBM called its staff that wasn't young, this keeps coming up in forums
Exactly One Year Ago RHEL Became Proprietary Operating System
Oh, you want the source code of RHEL? You need to pay me money and promise not to share with anyone
Dr. John Campbell on Gates Foundation
Published two days ago
Melinda Gates Did Not Trust Bill Gates, So Why Should You?
She left him because of his ties to child sex trafficker Jeffrey Epstein
How Much IBM Really Cares About Software Freedom (Exactly One Year Ago IBM Turned RHEL Into Proprietary Software)
RHEL became proprietary software
Fedora Week of Diversity 2024 Was Powered by Proprietary Software
If instead of opening up to women and minorities we might open up to proprietary software, i.e. become less open
18 Countries in Europe Where Windows Fell Below 30% "Market Share"
Many people still use laptops with Windows, but they're outnumbered by mobile users on Android
[Meme] EPO Pensions in the UK
pensioners: looks like another EPO 'reform'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 21, 2024
IRC logs for Friday, June 21, 2024
During Fedora Week of Diversity (FWD) 2024 IBM and Its Subsidiaries Dragged to Court Over Discrimination at the Corporate Level
IBM is a deplorable, racist company
Workers of the European Patent Office Take the Office to Court Over Pension
pensions still precarious
Gemini Links 22/06/2024: FreeBSD vs XFCE and Gemini Bookmarks Syncing Solution
Links for the day
Links 21/06/2024: Matrimony Perils and US-Sponsored COVID-19 Misinformation
Links for the day
"A coming cybersecurity schism" by Dr. Andy Farnell
new from Dr. Andy Farnell
Links 21/06/2024: Overpopulation, Censorship, and Conflicts
Links for the day
IBM and Subsidiaries Sued for Ageism (Not Just for Racism)
This is already being discussed
UEFI is Against Computer Security, Its True Goal is to Curtail Adoption of GNU/Linux and BSDs on Existing or New PCs
the world is moving away from Windows
[Meme] Chat Control (EU) is All About Social Control
It won't even protect children
The Persistent Nature of Freedom Isn't About Easy Routes
Resistance to oppression takes effort and sometimes money
EFF Not Only Lobbies for TikTok (CPC) But for All Social Control Media, Irrespective of Known Harms as Explained by the US Government
The EFF's own "free speech" people reject free speech
Microsoft's Search (Bing) Fell From 3.3% to 1% in Turkey Just Since the LLM Hype Began
Bing fell sharply in many other countries
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 20, 2024
IRC logs for Thursday, June 20, 2024
The Real FSF Lost Well Over a Million Dollars Since the Defamation Attacks on Its Founder
2020-2023 income: -$659,756, -$349,927, -$227,857, and -$686,366, respectively
The Fake FSF ('FSF Europe') Connected to Novell Via SUSE, Not Just Via Microsoft (Repeated 'Donations')
'FSF Europe' is an imposter organisation
Just Less Than 3 Hours After Article on Debian Suicide Cluster Debian's Donald Norwood Recycles a Fortnight-Old 'Hit Piece'
The fall of Debian is its attack on its very own volunteers