Question from Simon Coveney TD MEP and reply from Minister Ahern
NO. 232To ask the Minister for Enterprise, Trade and Employment the investigations which have been carried out on the possible adverse effects on SMEs and on small or start up software houses here, legislation being proposed by the European Council for the adoption of a common position on the issue of software patenting; his views on whether the introduction of software patenting will have any possible implications due to the fact that the world's leading open source software company currently maintains its European, Middle East and African financial and global logistical headquarters here.
- Simon Coveney.
- For WRITTEN answer on Tuesday, 24th May, 2005.
Ref No: 17235/05
R E P L YMinister of State at the Department of Enterprise, Trade and Employment (Mr Ahern)
My Department consulted a wide range of stakeholders on the proposed European Commission Directive on Computer Implemented Inventions when it was published in 2002. Broad support was expressed in the replies. ICT Ireland, which represents the information and communications technology sector, welcomed the measure when the European Council formally adopted its Common Position on the proposal in March, 2005. It views the measure as providing valuable clarification of existing patent law and rights with regard to computer implemented inventions across the European Union.
The issue for the Commission in its proposal arises from the differing interpretations of the statutory provisions governing patenting of computer implemented inventions involving software. At the moment, it is possible to patent a particular computer implemented invention in one Member State and not in another. Indeed many thousands of such patents have already been granted within the EU. The proposed Directive is aimed at ensuring a proper functioning internal market through providing greater consistency and certainty in this field.
It is important to note that the proposed Directive would not extend the criteria for patentability and, in particular, that computer programs as such would continue to be excluded from patentability. It would also provide that work, including decompiling and interoperability, allowed under the 1991 Directive on the legal protection of computer programs by copyright, will not be affected. Again its text makes it clear that Treaty Articles 81 and 82 on competition rules including abuse of a dominant position will apply in this field.
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adam beecher writes:
It is important to note that the proposed Directive would not extend the criteria for patentability and, in particular, that computer programs as such would continue to be excluded from patentability.
^^^^^^^
The dreaded "as such"!!
- --j.
adam beecher writes:
It is important to note that the proposed Directive would not extend the criteria for patentability and, in particular, that computer programs as such would continue to be excluded
from patentability. ^^^^^^^
The dreaded "as such"!!
It's patently obvious that the response was culled from pro- sources. If you'll pardon the pun.
adam
Mr. Ahern said:
My Department consulted a wide range of stakeholders on the proposed European Commission Directive on Computer Implemented Inventions when it was published in 2002. Broad support was expressed in the replies.
Either the people he consulted were misinformed or coerced, or his sample was biased.
I checked the UEAPME member list and found two Irish members.
Irish Small and Medium Enterprises Association - ISME - www.isme.ie Small Firms Association - SFA - www.sfa.org
And I sent them a mail, a copy is at the end of this mail.
Our lobbying at the MEP level has been very successful, but we lose when the lobbying moves to national level. This is where we need to work better.
ICT Ireland, which represents the information and communications technology sector, welcomed the measure when the European Council formally adopted its Common Position on the proposal in March, 2005.
We need to talk to ICT Ireland. There is a good chance that they are misinformed or coerced.
It views the measure as providing valuable clarification of existing patent law
Anyone that thinks clarification is provided by removing the definitions of terms is probably misinformed.
computer programs as such would continue to be excluded from patentability.
They always have been. It's the patenting of computer programs "as processes [involving software, when executed on a computer...]" that are the problem.
My mail to ISME: =========8<--------------
[0] http://www.ifso.ie/ [1] http://www.fsfeurope.org/ [2] http://www.ueapme.org/docs/press_releases/pr_2005/050427_CIIcampaign.pdf
Hello,
My name is Ciarán O'Riordan, I'm a representative of Irish Free Software Organisation[0], and of Free Software Foundation Europe[1].
I am working on Directive 2002/0047 "on the patentability of computer-implemented inventions" (the "software patents" directive).
As ISME is a member of UEAPME, I suspect we have a common goal with regards to this directive. That is, as the recent UEAPME press release[2] said, that "software patenting must be excluded under the directive".
In a recent communication, Minister Michael Ahern said that his department was supporting the introduction of software patents into the EU because:
My Department consulted a wide range of stakeholders on the proposed European Commission Directive on Computer Implemented Inventions when it was published in 2002. Broad support was expressed in the replies.
So he's basing his actions on a perceived request from industry.
I would like Mr. Ahern to be made aware that the majority of Ireland's software industry is made of SMEs, and that SMEs are opposed to software patents.
Would it be possible for us to discuss this?
I can be reached by phone at 0032 479 549 295, or I can call you if that suits.
I have relocated to Brussels to work on this directive full-time, but if you would like to meet with someone in person, another representative of Irish Free Software Organisation may be able.
I look forward to hearing from you. Ciarán O'Riordan =========8<--------------
I'll let yous know how it develops. Similar actions would be welcome.