99 lines
3.5 KiB
HTML
99 lines
3.5 KiB
HTML
<?xml version="1.0" encoding="UTF-8" ?>
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<html newsdate="2011-02-09">
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<version>1</version>
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<head>
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<title>European Patent: FSFE urges European Parliament to wait for legal advice</title>
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</head>
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<body>
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<h1>European Patent: FSFE urges European Parliament to wait for legal advice</h1>
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<p>
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Free Software Foundation Europe is asking the Members of the European
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Parliament to wait for legal advice before voting on a unitary patent
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for Europe. While a proposal is on the Parliament's agenda for the
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coming week, a legal opinion by the European Court of Justice is
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expected later this month.
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</p>
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<p>
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"Software patents hurt innovation and are an unnecessary burden on
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European software developers," says Karsten Gerloff, President of the
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Free Software Foundation Europe. "Legislators need to take charge and
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make sure the patent system contributes to the public good. As the
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European Patent Organisation has acknowledged, this is a decision that
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cannot be left to bureaucrats and the judiciary."
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</p>
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<p>
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FSFE is concerned that the European Parliament will lose legislative
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competence regarding patents, which will then be controlled by the
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European Patent Organisation. This clearly creates a conflict of
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interest, as the EPO will be responsible both for awarding patents and
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for defining what is patentable. The EPO's expansionist record in this
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regard gives cause to worry that this will lead to software patents
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being validated.
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</p>
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<p>
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The European Court of Justice is expected to publish its opinion about
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the proposed "enhanced cooperation" of EU member states towards creating a
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single patent system for Europe. Documents published so far indicate
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that the Court will find the proposal in conflict with the EU
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treaties. Resolving these will require fundamental changes to the
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proposal. The Parliament's vote should take place after these changes
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so that the Parliament can review the actual proposal.
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</p>
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<p>
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FSFE hopes that the vote will be delayed until the Parliament can read
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the Court of Justice's opinion and has had time to analyse this
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proposal.
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</p>
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<h2>Contacts</h2>
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<p>
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Free Software Foundation Europe<br/>
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E-Mail: <email>press@fsfe.org</email><br/><br/>
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Karsten Gerloff, President<br/>
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+49-176-96904298<br/>
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<a href="/contact/">More contact information</a>
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</p>
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<h2>About the Free Software Foundation Europe</h2>
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<p>
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The Free Software Foundation Europe (FSFE) is a non-profit non-
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governmental organisation active in many European countries and
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involved in many global activities. Access to software determines
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participation in a digital society. To secure equal participation in
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the information age, as well as freedom of competition, the Free
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Software Foundation Europe (FSFE) pursues and is dedicated to the
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furthering of Free Software, defined by the freedoms to use, study,
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modify and copy. Founded in 2001, creating awareness for these issues,
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securing Free Software politically and legally, and giving people
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Freedom by supporting development of Free Software are central issue
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of the FSFE.
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</p>
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</body>
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<tags>
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<tag key="front-page"/>
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<tag key="policy"/>
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<tag key="european-parliament">European Parliament</tag>
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<tag key="swpat">Software Patents</tag>
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</tags>
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</html>
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