FYI: No directive on software patents

[Henk Elegeert]

REPLY TO: D66 at nic.surfnet.nl

http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+PRESS+DN-20050706-1+0+DOC+XML+V0//EN&L=EN&LEVEL=2&NAV=X&LSTDOC=N#SECTION1
Daily Notebook : 06-07-2005

"
  No directive on software patents 	

	
Michel ROCARD (PES, FR)
Report on the Council common position for adopting a
directive of the European Parliament and of the Council on
the patentability of computer-implemented inventions
(11979/1/2004 – C6 0058/2005 – 2002/0047(COD))
Doc.: A6-0207/2005
Procedure : Codecision (2nd reading)
Debate : 05.07.2005
Vote : 06.07.2005

There will not be any EU legislation on the
computer-implemented invention. On Wednesday, the European
Parliament rejected, by 648 votes to 14 with 18 abstentions,
the so-called software patent directive, putting an end to a
passionate three year debate.

Before the vote, rapporteur Michel ROCARD (PES, FR) said
Parliament was split fifty-fifty on the issue and all
political groups decided to reject the text rather than risk
a result they could not accept. He added: "There is
collective anger throughout the Parliament because of the
way the directive was handled by the Commission and the
Council," recalling the contested approval of the common
position.  He said the vote is a clear invitation to the
Commission and the Council to show full respect to the EP in
future. He concluded that "this legislation is not mature
for adoption."

Commissioner Benita FERRERO-WALDNER reacted to the vote by
saying that without the directive, patents on computerised
inventions will continue to be granted by national offices
and by the European Patent Office, with no harmonisation and
thus allowing possible different interpretations of the rules.

During the debate on Tuesday, Commissioner Joaquín ALMUNIA
told MEPs: "Should you decide to reject the common position,
the Commission will not submit a new proposal." Attention
now moves to the proposed directive for a Community patent,
currently in discussion in the Council, mentioned by a
number of MEPs as the appropriate legislative instrument to
address the issue of software patentability.

According to the co-decision rules, today's negative vote
means the end of the legislative procedure and the fall of
the directive.

The common position, if approved, would have allowed
patenting of computer-implemented inventions. This outcome
was advocated by big software firms, which argued that
patents would encourage research spending and defend
European inventions from US competition. On the contrary,
the directive was criticised by supporters of "open source"
software, mainly smaller companies, who claimed copyright
already protects their inventions and were afraid that
patenting would raise legal costs.

Press enquiries:
Federico de Girolamo
(Brussels)  tel.(32-2) 28 31389
Mobile: (32) 0498.983.591
e-mail :  lega-press at europarl.eu.int

"

Goed werk, Martijn. :)

Henk Elegeert

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