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[Fwd: Commission unable to answer MEPs on Patent Litigation Agreement]



Jag hober at der ikke er nogen som önsker at jag ikke poster denne pressrelease her. Hvis der er nogen, så venligst send mig et mail.

//Erik

-------- Original Message --------

PRESS RELEASE -- [ Europe / Economy / ICT ]

========================================================================
Commission unable to answer MEPs on Patent Litigation Agreement
========================================================================

Brussels, 21 September 2006 -- Commissioner McCreevy proclaims blissful
ignorance about the consequences of the European Patent Litigation
Agreement (EPLA). In a series of six non-answers to Members of the
European parliament, the Commission reveals that until now it is unable
to comment on cost, judicial independence, jurisprudence and
treaty-related concerns. Meanwhile McCreevy keeps praising the virtues
of said draft agreement.

The latest question filed by Marc Tarabella MEP noted that the current
draft of the EPLA would allow the European Patent Office's (EPO)
Technical Boards of Appeal (TBAs) judges to preside European court
cases. In their EPO function they introduced software patents in Europe,
and as patent judge they could confirm this practice at the judicial
level. Currently, software patents are rejected by most national judges.

Commissioner McCreevy's answer consisted of a boiler plate text about
the recently held patent policy consultation, and concluded with "The
Community is not a party to the negotiations and can therefore not
comment on this issue.". Ten days earlier he nevertheless said in a
speech that the EPLA needs Community involvement to be effective and
that the process is actively approached by the Commission.

A question by Michel Rocard MEP about an analysis from the EPO showing
significant cost increases for most court cases under the EPLA, was
answered by McCreevy with "It is consequently not up to the Commission
to analyse the cost  structures under the EPLA", a statement that
contradicts the Commissioner's message five days earlier when he said
"[The EPLA] would offer valuable cost savings."

All other questions asked by Rocard and Tarabella have been answered in
a similar vain, with the Commission saying that it is either not in a
position to answer or unable to comment. FFII president Pieter Hintjens
points out that it is impossible to conduct an open and informed
discussion with a Commissioner that deprives the European Parliament of
facts and figures which he hands out elsewhere.

"We have had enough of hidden agenda politics, it's time for the
Commissioner to deliver some facts. The EPLA means higher costs for
small businesses, and increased litigation risks. More US-style
litigation is not the solution. We just need a better patent office", he
added.


======================================================================== Background information ========================================================================

* Questions asked by Rocard MEP:
http://wiki.ffii.org/Rocard060915En

* Questions asked by Tarabella MEP:
http://wiki.ffii.org/Tarabella060908En
http://wiki.ffii.org/Tarabella060913En
http://wiki.ffii.org/Tarabella060919En

* Commissioner McCreevy's speech on the EPLA:
http://europa.eu.int/rapid/pressReleasesAction.do?reference=SPEECH/06/485

* EPLA analysis showing EPLA will be more expensive for SMEs
http://wiki.ffii.org/EplaAnalysisEn

* Permanent link to this press release
http://press.ffii.org/Commission_unable_to_answer_MEPs_on_Patent_Litigation_Agreement


======================================================================== Contact Information ========================================================================

Benjamin Henrion
FFII Brussels
+32-2-414 84 03 (fixed)
+32-484-56 61 09 (mobile)
sslug@sslug
(French/English)

Jonas Maebe
FFII board member
sslug@sslug
(Dutch/English)


======================================================================== About the FFII -- http://www.ffii.org ========================================================================

The FFII is a not-for-profit association registered in twenty European
countries, dedicated to the development of information goods for the
public benefit, based on copyright, free competition, open standards.
More than 850 members, 3,500 companies and 100,000 supporters have
entrusted the FFII to act as their voice in public policy questions
concerning exclusion rights (intellectual property) in data processing.


 
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