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