[ILUG] Fwd: Software patents

[John Madden]

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In case anyone here is interested.

- ----- Forwarded message from Simon Coveney TD MEP <simon.coveney at oireachtas.ie> -----

> To: maddenj at skynet.ie
> From: Simon Coveney TD MEP <simon.coveney at oireachtas.ie>
> Date: Wed, 25 May 2005 16:00:08 +0100
> Subject: Software patents
> 
> John,
> 
> In my e-mail to you dated 23rd March I referred to a Dáil question I had 
> submitted on the above.
> 
> The question was only answered yesterday. (I'm told that the original 
> was lost so I had to re-submit it)
> 
> The question and the answer are as follows:
> ---------------------- Forwarded by Simon Coveney/Oireachtas on 
> 25/05/2005 10:35 ---------------------------
> 
> 
> 
> 
> *_                                                                      
>                                                         DAIL QUESTION_*
> 
> 
> *        _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.
> 
> Kind regards,
> 
> Simon

- ----- End forwarded message -----

- -- 
Chat ya later,

John.
- --
BOFH excuse #1: clock speed
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