2012-09-07 15:08:08 +00:00
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<?xml version="1.0" encoding="UTF-8" ?>
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<html newsdate="2012-09-07">
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2020-04-15 09:46:59 +00:00
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<version>1</version>
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2012-09-07 15:08:08 +00:00
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<head>
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<title>Unitary patent threatens innovation in Europe</title>
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</head>
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<body>
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<h1>Unitary patent threatens innovation in Europe</h1>
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2020-05-01 09:03:48 +00:00
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<p>
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2012-09-07 15:08:08 +00:00
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Will lawsuits like Apple vs Samsung soon take place in Europe? The
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European Parliament is about to set the future course for Europe's
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patent system. On September 17th and 18th, the European Parliament's
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Legal Affairs committee will discuss a proposal for a EU-wide patent.
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From now until September 18th, FSFE will continuously provide
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2020-05-31 07:53:11 +00:00
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updates and analysis on the unitary patent on our <a href="/">website</a>.
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2012-09-07 15:08:08 +00:00
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</p>
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2012-09-14 14:21:46 +00:00
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2012-09-07 15:08:08 +00:00
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<p>
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This proposal has faced massive criticism from different sides. In its
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current form, it will mean:
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<ul>
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<li>giving up political control over Europe's innovation policy</li>
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<li>endangering due process for those involved in patent
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litigation</li>
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<li>cementing the EPO's dangerous practice of awarding patents on
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software</li>
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</ul>
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</p>
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<p>
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2012-09-14 14:21:46 +00:00
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The European Court of Justice warned in March 2011 that the previous patent
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proposal was <a
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2012-09-07 15:08:08 +00:00
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href="http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-03/cp110017en.pdf">incompatible
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with EU laws</a> (pdf).
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</p>
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<p>
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2012-09-14 14:21:46 +00:00
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In December 2011, the European Council agreed to change the proposal. It was a
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change for the worse: By removing three key articles, the Council greatly
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reduced the role of the European Court of Justice in the future unitary patent
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system. The rapporteur for the Parliament's Legal Affairs committee, Bernhard Rapkay,
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<a href="http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+IM-PRESS+20120709IPR48484+0+DOC+XML+V0//EN">
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2012-09-14 15:21:09 +00:00
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warned</a> that this sudden modification was likely to breach EU law. [Paragraph
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updated to reflect comments made by rapporteur of Legal Affairs Committee.]
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2012-09-14 14:21:46 +00:00
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</p>
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<p>
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2012-09-07 15:08:08 +00:00
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In order to preserve and enhance Europe's capacity for innovation,
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FSFE demands that:
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<ul>
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<li><em>Political control over the patent system:</em>
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Europe's patent system must be placed under the Parliament's
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supervision. The patent system is an important tool of
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innovation policy. The European Parliament must not delegate
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its responsibilities to an organisation that is entirely
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outside the EU's control.</li>
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<li><em>Due process:</em> The patent system has to guarantee due process
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for all, with proper checks and balances. Rather than being left
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at the mercy of an unsupervised special patent court, those
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involved in patent litigation must have recourse to national
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courts and ultimately to the European Court of Justice.</li>
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<li><em>No patents on software:</em> Parliament needs to
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effectively ensure that computer programs are excluded from
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patentability. MEPs must make it clear that a computer program
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cannot be patented just because it runs on generic data processing
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hardware.</li>
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</ul>
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</p>
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2012-09-14 15:21:09 +00:00
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<p>
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<strong>Update:</strong> The Legal Affairs committee decided to postpone the discussion on the
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unitary patent proposal. It will most likely take place later in the fall
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of 2012. FSFE will continue to provide updates and analysis as further
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information becomes available.
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</p>
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2012-09-07 16:30:06 +00:00
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<p>
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2020-07-06 10:10:03 +00:00
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-> <a href="/activities/swpat/current/unitary-patent.html">
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2012-09-07 16:30:06 +00:00
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Find out more about the unitary patent</a>
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</p>
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2012-09-07 15:08:08 +00:00
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</body>
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<tags>
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2020-04-26 11:32:25 +00:00
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<tag key="front-page"/>
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2020-09-18 09:19:47 +00:00
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<tag key="eu"/>
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2020-04-26 11:32:25 +00:00
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<tag key="patents">Software Patents</tag>
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<tag key="policy"/>
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2012-09-07 15:08:08 +00:00
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</tags>
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</html>
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