[Fsfe-ie] FW: [Fwd: Software Patenting]

adam beecher lists at beecher.net
Wed May 25 19:05:02 CEST 2005


> > Question from Simon Coveney TD MEP and reply from Minister Ahern
> > 
> > 
> >                                                     NO. 232         
> > 
> > 
> > 
> > To 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 Y
> > 
> > 
> > Minister 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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