Horns zu EP-Entscheidung: An Earthquake

[Hartmut Pilch <phm@a2e.de>]

Wie zu erwarten, ist Axel Horns einer der konsequentesten Gegner der
korrigierten Richtlinie und versucht, die "Nutzer des Patentsystems" und
deren Bastionen in den Regierungen, zu mobilisieren, um die Entscheidung
des EP zu demolieren oder zu kippen.

http://www.ipjur.com/03.php3

Plenary Vote of the European Parliament: An earthquake in the patent
landscape.

   In principle, the Official results of today's plenary vote of the
   European Parliament are available to everyone equipped with an
   Internet access: The EXTERNAL LINK [7]"Minutes of proceedings - Result
   of roll-call votes - Annex 2" have been put into the web. The lists of
   various amendments on which the voting was based are also available
   on-line ( EXTERNAL LINK [8]A5-0232/2003: amendments, EXTERNAL LINK
   [9]A5-0299/2003: amendments, EXTERNAL LINK [10]A5-0259/2003:
   amendments, EXTERNAL LINK [11]A5-0238/2003: amendments, EXTERNAL LINK
   [12]A5-0302/2003: amendments, EXTERNAL LINK [13]A5-0306/2003:
   amendments).
   The tedious task of producing an Official consolidated version has, of
   course, not been completed yet, and only with some caution it is
   possible to asses the facts that have been set by the European
   Parliament.
   However, it nevertheless seems to be quite clear that many MEPs have
   made some of the EXTERNAL LINK [14]positions lobbied for by EXTERNAL
   LINK [15]FFII e.V. to their own. For example, Article 4, paragraph 3a
   has been inserted into the Directive stating "In determining whether a
   given computer-implemented invention makes a technical contribution,
   the following test shall be used: whether it constitutes a new
   teaching on cause-effect relations in the use of controllable forces
   of natures and has an industrial application in the strict sense of
   the expression, in terms of both method and result." Article 5,
   paragraph 1 a of the Directive now requires that "Member States shall
   ensure that patent claims granted in respect of computer-implemented
   inventions include only the technical contribution which justifies the
   patent claim. A patent claim to a computer program, either on its own
   or on a carrier, shall not be allowed."
   The much debated new Article 6a of the Directive now says: "Member
   States shall ensure that, wherever the use of a patented technique is
   needed for a significant purpose such as ensuring conversion of the
   conventions used in two different computer systems or networks so as
   to allow communication and exchange of data content between them, such
   use is not considered to be a patent infringement."
   The above-mentioned finding are, of course, merely of a provisional
   nature until an Official consolidated version of the Directive is
   published.
   It can hardly be assumed that the Council will be inclined to approve
   the result of today's voting of the European Parliament within the
   working context of the Codecision Procedure without further changes in
   a second reading, in particular in view of EXTERNAL LINK [16]TRIPS. It
   would not be very surprising if another political row would emerge out
   of the present situation because of the majority of MEPs who today
   have voted in favour of the FFII-inspired amendments most probably
   will not be pleased if they see their results rebuked by the Council.
   Perhaps a way out might then be considered in simply dropping the
   Directive and seeking to muddle through on the basis of the national
   law or, as already hinted by Mr. Bolkestein, trying to solve the
   problem by means of an agreement outside the context of the EU
   lawmaking process.
   In view of this case EXTERNAL LINK [17]Mr. Pilch, president and
   "spiritus rector" of FFII e.V., has already announced in a public
   mailing list that if the Directive is set to be abolished by the
   Council or by the Commission, FFII e.V. would lobby in favour of the
   amended Directive: "The Directive now is our project", he wrote, "the
   roles have swapped".
   The users of the patent system have just suffered a severe political
   defeat, even if the Council manages to rectify the current situation.
   This was probably the very first time since the patent disputes of the
   nineteenth century that patent law was in the headlines. The
   controversy on patents will continue, that is for sure.

-- 
Hartmut Pilch, FFII e.V. und Eurolinux-Allianz            +49-89-18979927
270.000 Stimmen 2000 Firmen gegen Logikpatente      http://noepatents.org/
Innovation statt Patentinflation                    http://swpat.ffii.org/



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