[Fsfe-ie] Software Patents - Innovation or Litigation? - Doyle (fwd)

jm at jmason.org jm at jmason.org
Mon Jan 31 20:30:26 CET 2005


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fyi -- just got this from Avril Doyle's office.  So BillG is
coming to lobby...

- --j.

- ------- Forwarded Message
> Date:    Mon, 31 Jan 2005 15:14:49 +0100
> From:    "DOYLE Avril" <adoyle at europarl.eu.int>
> To:      "DOYLE Avril ASSISTANT" <adoyle-assistant at europarl.eu.int>
> Subject: Software Patents - Innovation or Litigation? - Doyle
> 
> AVRIL DOYLE MEP
> 
>  For The East
> 
> Leader of the Irish Delegation of the EPP-ED
> 
>  
> 
> Monday 31st January 2005
> 
>  
> 
> PRESS STATEMENT
> 
>  
> 
> Software Patents - Innovation or Litigation?
> 
>  
> 
> ·          Microsoft Chairman Bill Gates to address MEPs 
> 
> ·          Doyle questions the impact of proposed Software Patents Directive
> 
>  
> 
> Speaking in advance of meetings to be held tomorrow (Tuesday) between
> Bill Gates, the chairman of Microsoft, and representatives of the
> European Parliament, Avril Doyle MEP called on the Council and the
> Parliament to carefully consider the implications of the draft
> directive on computer implemented inventions or the "Software Patents
> Directive".
> 
>  
> 
> The Directive, which is currently being debated in the European
> Council, prior to a second reading in the Parliament, aims to clarify
> and harmonise the laws of the EU Member States, in line with Europe´s
> obligations under the WTO's Agreement on Trade-Related Aspects of
> Intellectual Property Rights (TRIPS). The implications of this
> legislation for Irish software developers and the economy at large
> are a matter of great concern. It will considerably clarify
> strengthen the mandate of the European Patents Office by codifying
> existing case-law.
> 
>  
> 
> Doyle said "While a proper legislative framework is required to
> provide legal certainty for businesses operating in the area of
> software development, we need to be extremely careful that the right
> balance is struck between safeguarding affordable access to basic
> information for both large and small IT companies, and protecting the
> intellectual property of developers who design genuinely innovative
> products".
> 
>  
> 
> "Protection for legitimate investment in research and development is
> essential to foster innovation, however US-style patents are not the
> only option. The effects of large-scale pre-emptive patenting by the
> software industry big players is a highly contentious issue in the
> United States. Many experts are of the belief that the US patenting
> system has directly led to the establishment of monopolies and a
> consequent reduction in competition - the end result of which has
> been a restriction of choice and increased prices for consumers.
> Legislators in Europe must learn from the experience of the United
> States before setting rules at a European level. I will be very
> interested to hear the views of Mr. Gates in relation to this
> debate".
> 
>  
> 
> Commenting on the key points of dispute in the draft Directive, Doyle
> said "Above all, we do not want to go down the road of instigating
> lengthy legal battles. The wording of the Directive must be
> sufficiently unambiguous to keep disputes over intellectual property
> in this highly dynamic field out of court in so far as possible.
> Without a clear definition of what constitutes a "technical
> contribution to the state of the art", that takes into account rapid
> technological advances, the legislation will not be worth the paper
> it is written on".
> 
>  
> 
> ENDs
> 
>  
> 
> For further information please contact: 
> 
> Majella O Doherty M: 00 32 475 75 22 53 E: modoherty at europarl.eu.int
> <mailto:modoherty at europarl.eu.int>  
> 
>  
> 
> Or Avril Doyle MEP for the East
> 
> T: 00 32 2 28 47584
> 
>  
> 
> - The Fine Gael Delegation belongs to the EPP-ED which is the largest and most influential political group in the European Parliament. 

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