Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-022"
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"en.20050705.6.2-022"2
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"Mr President, the introduction of patents for computer software will not only be damaging for European small and medium-sized enterprises, scientific research and the IT sector as a whole. It would above all be damaging for the average citizen, who has a computer on his or her desk and who already pays through the nose for expensive, protected software.
Assessments by independent experts have shown that the Council common position would enable the patenting of computer programs. The text that Parliament received two years ago, however, can be said to sneak this possibility in through the back door.
The Committee on Legal Affairs adopted amendments that fail to ensure that a proper compromise will be reached, and that do nothing to remove the most important areas of controversy and doubt, especially with regard to the most pressing issue, namely the definition of what may be granted patent protection. They will do little to help us move away from the overly liberal practices currently employed by the European Patent Office when assessing applications involving the use of computer programs. They lack the useful provisions of the Draft recommendation for a second reading
of 29 April and 4 May 2005, which could have contributed to making a clear distinction between what is and what is not an invention.
There is a real threat that the directive will not have a harmonising effect, since not only does it not clarify the most controversial issues, but it even strengthens existing doubts. It can also be interpreted as evidence of the overly liberal practice of considering solutions involving the use of computer programs to be inventions, pursuant to Article 52(2) and (3) of the European Patent Convention signed in Munich.
It is our duty to vote in the spirit of the first reading and in the spirit of the ideas put forward by Michel Rocard, and to support the decisions of our colleagues in the previous parliamentary term. We must do so not only to ensure that their work does not go to waste, but also, and primarily, in order to protect the free software market, to protect small and medium-sized enterprises and to boost the development of innovation. At the same time, we should not forget that intellectual property must be guaranteed proper protection within the common market."@en1
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