Update of Software Patents Agenda
karin kosina
kyrah at gnu.org
Tue May 22 00:10:57 UTC 2001
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Hi all,
Thanks, Olivier, for clarifying :) -- I guess somebody will sooner
or later (probably sooner) get mad at me for insisting on that issue,
but I want to know:
On Tue, 22 May 2001, Olivier Berger wrote:
> There are two parallel "efforts" towards software patentability :
>
> [...]
> Now, for the first one, if the states which belong the European
> Convention on Patents rule that they go to software patents, they are
> bound by this treaty [...]
>
> Now, for the second one, if the European Commission makes a directive
> (don't exactly know what role the parliament plays), each EU member
> country has to transcript this directive in national law, which involves
> having a national parliament debate and vote, as far as France is
> concerned.
Now, doesn't that mean that if there is a directive by the European
Commission the European Patent Convention, too, will have to be changed?
I think yes, because:
Most European countries are EU members, and EU members must incorporate
EC directives into national law.
But how can a country sign a convention that makes software patents
illegal when those patents are legal in their own national law? They
can't, so they will either
- not sign the EPC (or adopt it, or whatever you do with
conventions), or
- the EPC will be modified to also allow for software patents
Now, Mr. Hartmut Pilch (in his posting from Mon, 21 May 2001 08:39:01
+0200 (CEST)) seems to disagree with that view (and he is probably
right, and I am wrong, since I don't know much about legal issues at
all), but I do not see the logical mistake. It seems to me that this is
how it would work, and it's also a logical explaination why last
december the EPC was not changed (They're waiting for a EU decision
which will take the responsibility away from them.)
Any ideas?
Regards, gpg - public key 0x1FE281EB
Karin "kyrah" Kosina http://kyrah.net
http://the.system.at
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