99 rivejä
4.7 KiB
HTML
99 rivejä
4.7 KiB
HTML
<?xml version="1.0" encoding="UTF-8" ?>
|
|
|
|
<html newsdate="2012-12-11">
|
|
<version>1</version>
|
|
|
|
<head>
|
|
<title>European Parliament adopts deeply flawed unitary patent, gives up
|
|
power over innovation policy</title>
|
|
</head>
|
|
<body>
|
|
<h1>European Parliament adopts deeply flawed unitary patent, gives up
|
|
power over innovation policy</h1>
|
|
<p>
|
|
Today, the European Parliament has adopted a proposal to create a patent with
|
|
unitary effect for Europe. This decision will leave Europe with a patent system
|
|
that is both deeply flawed and prone to overreach. It also ends democratic
|
|
control of Europe's innovation policy.
|
|
<br />
|
|
<blockquote>"We are disappointed that so many MEPs were prepared to throw
|
|
Europe's researchers and innovators under the bus just to achieve a deal, any
|
|
deal" says Karsten Gerloff, President of the Free Software Foundation Europe.
|
|
"It is natural that after nearly four decades of discussions on a single patent
|
|
system for Europe, most of those involved simply want the debate to end. But we
|
|
would have expected more of our elected representatives."</blockquote>
|
|
</p>
|
|
|
|
<h2>Intense criticism from all sides</h2>
|
|
|
|
<p>
|
|
In adopting the proposal, MEPs chose to disregard intense criticism of the
|
|
proposal from all sides of the debate. <a href="http://ipkitten.blogspot.de/2012/12/unitary-patent-deja-vu-council-debate.html">Patent lawyers</a>, independent <a href="http://www.ip.mpg.de/en/pub/publications/opinions/unitary_patent_package.cfm">legal experts</a>, <a href="http://www.april.org/en/against-software-patents-460-companies-demand-improvement-unitary-patent-europe">SMEs</a> and civil society groups such as FSFE all voiced their concerns to MEPs ahead of the vote.
|
|
FSFE recognises the important work done by some MEPs, in particular the
|
|
Greens/EFA, in informing their colleagues about the serious flaws in the proposal.
|
|
</p>
|
|
<p>
|
|
With this decision, the European Parliament has essentially given up its power
|
|
to shape Europe's innovation policy. That power will instead fall to the European
|
|
Patent Office, which has a track record of awarding monopoly powers on the widest
|
|
possible range of subject matter.
|
|
<br />
|
|
<blockquote>"We are alarmed to see both legislative and executive power in the
|
|
hands of a single agency" says Karsten Gerloff. "The separation of powers is a
|
|
fundamental principle of democracy. We regret that in today's vote, many MEPs
|
|
were prepared to give this up in exchange for an ill-conceived compromise."</blockquote>
|
|
</p>
|
|
|
|
<h2>Software patents, fragmentation and confusion</h2>
|
|
|
|
<p>
|
|
The text adopted today will lead to fragmentation of jurisdiction and of
|
|
jurisprudence across the European Union. Creating divergence and confusion,
|
|
the text will make the patent system much harder to navigate for small and
|
|
medium enterprises. The European Patent Office will have much greater leeway
|
|
to continue its practice of granting patents on software. This will harm competition
|
|
and innovation, and create unnecessary risks for businesses and software
|
|
developers. It is also likely that the adopted text will lead to more intense
|
|
patent litigation in Europe, including by patent trolls.
|
|
</p>
|
|
|
|
<p>
|
|
FSFE is also concerned about the lack of a research exception and of a provision
|
|
for compulsory licenses. According to the Max Planck Institute for "Intellectual
|
|
Property", the envisioned patent court is <a href="http://www.ip.mpg.de/en/pub/publications/opinions/unitary_patent_package.cfm">incompatible with European Union law</a>. These
|
|
fundamental flaws mean that considerable uncertainty remains about the way in
|
|
which the patent system will operate in future.
|
|
</p>
|
|
|
|
<h2>Next steps</h2>
|
|
|
|
<p>
|
|
According to the <a href="http://www.europarl.europa.eu/news/en/pressroom/content/20121210IPR04506/html/Parliament-approves-EU-unitary-patent-rules">European Parliament's website</a>, "the international agreement
|
|
creating a unified patent court will enter into force on 1 January 2014 or after
|
|
thirteen contracting states ratify it, provided that UK, France and Germany are
|
|
among them. The other two acts would apply from 1 January 2014, or from the date
|
|
when the international agreement enters into force, whichever is the latest.
|
|
Spain and Italy are currently outside the new regime, but could decide to join
|
|
in at any time."
|
|
</p>
|
|
|
|
<h3>More information:</h3>
|
|
<ul>
|
|
<li><a href="/activities/swpat/current/unitary-patent.html">Overview
|
|
of issues with the unitary patent package</a></li>
|
|
|
|
<li><a href="https://www.unitary-patent.eu/">Resources on the
|
|
unitary patent package</a></li>
|
|
</ul>
|
|
|
|
</body>
|
|
<tags>
|
|
<tag key="front-page"/>
|
|
|
|
<tag key="swpat">Software Patents</tag>
|
|
<tag key="european-union"/>
|
|
<tag key="policy"/>
|
|
<tag key="european-parliament">European Parliament</tag>
|
|
</tags>
|
|
</html>
|