Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-030"
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"en.20050705.6.2-030"2
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"Mr President, the previous speaker, Mr Gargani, has expressed his concern about the balance of the position that we adopt with regard to this proposed directive. I believe that the rapporteur, Mr Rocard, and Mrs Berger, in their Amendment 53, have emphasised what the objectives of this balance should be, when they say, ‘the conditions for granting patents and the modalities for enforcing them must be carefully designed. In particular, inevitable corollaries of the patent system, such as restriction of creative freedom, users’ rights or legal insecurity and anti-competitive effects, must be kept within reasonable limits’.
The amendments presented by Mr Rocard and Mrs Berger are intended to maintain that balance, firstly, with regard to inventions applied by computer: we are not talking here about computer inventions. Computer inventions — computer programs — are already protected by a Community Directive of 1991, which established intellectual property rights or, if you like, authors’ rights. And that Directive is in force.
What we are talking about here is something completely different: inventions applied or assisted, as some amendments put it, by computer, that is to say, equipment that uses computer programs. We must take enormous care not to confuse the two things and as a result prevent the exercise or development of creativity by computer.
Specifically, Amendment 50, presented by Mr Rocard and Mrs Berger, aimed at maintaining the right to inter-operability of computer programs, is very important. The fact that there may be a patent on a particular aspect of a computer program must not prevent creative freedom or the use of computer programs for continuing development. That inter-operability clause, which is advocated in Amendment 50, is also advocated in a slightly different text – Amendment 68 — by Mrs Mann, Mrs McCarthy and Mrs Roth-Behrendt.
In conclusion, we must prevent any possibility of the development, experimentation, manufacture, sale, the grant of licences and the import of programs that make use of a patented technique in order to ensure inter-operability from being considered a violation of patent. In summary, the amendments presented by Mr Rocard and Mrs Berger are aimed at maintaining the possibility of creativity in this field and at ensuring that, where possible, projects such as the LinEx project, implemented by the
in Spain, can move ahead to the benefit of creative innovation within the European Union."@en1
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"Junta de Extremadura"1
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