[FSFE PR][EN] Unitary patent threatens innovation in Europe

[press at fsfeurope.org]

= Unitary patent threatens innovation in Europe =

[Read online: http://fsfe.org/news/2012/20120907-01.en.html]

Will lawsuits like Apple vs Samsung soon take place in Europe? The
European Parliament is about to set the future course for Europe's
patent system.  On September 17th and 18th, the European Parliament's
Legal Affairs committee will discuss a proposal for a EU-wide
patent. From now until September 18th, FSFE will continuously provide
updates and analysis on the unitary patent on our website [1].

This proposal has faced massive criticism from different sides. In its
current form, it will mean:

    - giving up political control over Europe's innovation policy
    
    - endangering due process for those involved in patent litigation

    - cementing the EPO's dangerous practice of awarding patents on software

The European Court of Justice has warned that the current patent
proposal is incompatible with EU laws [2].

In order to preserve and enhance Europe's capacity for innovation,
FSFE demands that:

    - Political control over the patent system: Europe's patent system
      must be placed under the Parliament's supervision. The patent
      system is an important tool of innovation policy. The European
      Parliament must not delegate its responsibilities to an
      organisation that is entirely outside the EU's control.

    - Due process: The patent system has to guarantee due process for
      all, with proper checks and balances. Rather than being left at
      the mercy of an unsupervised special patent court, those
      involved in patent litigation must have recourse to national
      courts and ultimately to the European Court of Justice.

    - No patents on software: Parliament needs to effectively
      ensure that computer programs are excluded from
      patentability. MEPs must make it clear that a computer program
      cannot be patented just because it runs on generic data
      processing hardware.



== Contact ==

  Karsten Gerloff
  President, Free Software Foundation Europe
  E-Mail: gerloff at fsfeurope.org
  Phone: +49 176 9690 4298


== Footnotes ==

    1. http://fsfe.org/

    2. http://curia.europa.eu/jcms/jcms/P_73113/