You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
100 lines
3.4 KiB
100 lines
3.4 KiB
<?xml version="1.0" encoding="UTF-8" ?>
|
|
|
|
<html newsdate="2012-09-07">
|
|
<version>1</version>
|
|
|
|
<head>
|
|
<title>Unitary patent threatens innovation in Europe</title>
|
|
</head>
|
|
<body>
|
|
<h1>Unitary patent threatens innovation in Europe</h1>
|
|
|
|
<p>
|
|
Will lawsuits like Apple vs Samsung soon take place in Europe? The
|
|
European Parliament is about to set the future course for Europe's
|
|
patent system. On September 17th and 18th, the European Parliament's
|
|
Legal Affairs committee will discuss a proposal for a EU-wide patent.
|
|
From now until September 18th, FSFE will continuously provide
|
|
updates and analysis on the unitary patent on our <a href="/index.html">website</a>.
|
|
</p>
|
|
|
|
<p>
|
|
This proposal has faced massive criticism from different sides. In its
|
|
current form, it will mean:
|
|
|
|
<ul>
|
|
<li>giving up political control over Europe's innovation policy</li>
|
|
|
|
<li>endangering due process for those involved in patent
|
|
litigation</li>
|
|
|
|
<li>cementing the EPO's dangerous practice of awarding patents on
|
|
software</li>
|
|
|
|
</ul>
|
|
</p>
|
|
<p>
|
|
The European Court of Justice warned in March 2011 that the previous patent
|
|
proposal was <a
|
|
href="http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-03/cp110017en.pdf">incompatible
|
|
with EU laws</a> (pdf).
|
|
</p>
|
|
<p>
|
|
In December 2011, the European Council agreed to change the proposal. It was a
|
|
change for the worse: By removing three key articles, the Council greatly
|
|
reduced the role of the European Court of Justice in the future unitary patent
|
|
system. The rapporteur for the Parliament's Legal Affairs committee, Bernhard Rapkay,
|
|
<a href="http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+IM-PRESS+20120709IPR48484+0+DOC+XML+V0//EN">
|
|
warned</a> that this sudden modification was likely to breach EU law. [Paragraph
|
|
updated to reflect comments made by rapporteur of Legal Affairs Committee.]
|
|
</p>
|
|
<p>
|
|
In order to preserve and enhance Europe's capacity for innovation,
|
|
FSFE demands that:
|
|
|
|
<ul>
|
|
|
|
<li><em>Political control over the patent system:</em>
|
|
Europe's patent system must be placed under the Parliament's
|
|
supervision. The patent system is an important tool of
|
|
innovation policy. The European Parliament must not delegate
|
|
its responsibilities to an organisation that is entirely
|
|
outside the EU's control.</li>
|
|
|
|
<li><em>Due process:</em> The patent system has to guarantee due process
|
|
for all, with proper checks and balances. Rather than being left
|
|
at the mercy of an unsupervised special patent court, those
|
|
involved in patent litigation must have recourse to national
|
|
courts and ultimately to the European Court of Justice.</li>
|
|
|
|
<li><em>No patents on software:</em> Parliament needs to
|
|
effectively ensure that computer programs are excluded from
|
|
patentability. MEPs must make it clear that a computer program
|
|
cannot be patented just because it runs on generic data processing
|
|
hardware.</li>
|
|
|
|
</ul>
|
|
</p>
|
|
|
|
<p>
|
|
<strong>Update:</strong> The Legal Affairs committee decided to postpone the discussion on the
|
|
unitary patent proposal. It will most likely take place later in the fall
|
|
of 2012. FSFE will continue to provide updates and analysis as further
|
|
information becomes available.
|
|
</p>
|
|
|
|
<p>
|
|
-> <a href="/activities/swpat/current/unitary-patent.html">
|
|
Find out more about the unitary patent</a>
|
|
</p>
|
|
|
|
</body>
|
|
<tags>
|
|
<tag key="front-page"/>
|
|
<tag key="european-union"/>
|
|
<tag key="swpat">Software Patents</tag>
|
|
<tag key="policy"/>
|
|
</tags>
|
|
</html>
|
|
|