[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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