-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Mr. Antonio Ghio (author of the article) sent me a reply. I am pasting it below (he can't send to the list because he's not a member):
Dear Mr. Vassallo, Thank you for copying me in this interesting email. The scope of the CII directive is not to allow the patentability of computer ideas but Computer Implemented Inventions. Whilst the US, as pointed out in my article, has adopted a very liberal approach to the patentability of computer software where 'business models' were also considered to be patentable, the main reason behind the introduction of the CII directive is the crystallisation of the experience of the EPO. TheDirective is also clear in the sense that 'pure software' will not be patentable. The 'technical contribution' factor is what in fact distinguishes the European approach from the US experience. Making sure that the Internal Market works properly and that there are no legal and regulatory barriers between the Member States is one of the pillars of the EU. I appreciate that your LINUX backround dictates a different approach to the CII issue, I do not subscribe to your opinion that Malta only has to loose with the Directive. The fact that Malta has a limited market in this field further shows that action needs to be taken. Patententing of high tech means increased opportunities for foreign investment and the creation of new places of work. We should use the experience Malta is living in the pharmaceutical context and transpose same in the IT industry. I am sure that you are in favour of further foreign investment in the island as well as the capabilities of Maltese developers. If you look at the articles in relation to interoperability, product claims and the simplification of the patenting process you will appreciate that the picture is not as black as you are painting it. The fact that the EU democratic process is based on the checks and balances of the European bodies in the introduction of new legilsation has to be considered the basis of our own democracy. It is not ideas which are patentable but inventions. For the latter to be patentable one has to prove (i)novelty, (ii) inventive step (iii) industrial application as well as the important 'technical contribution' The aims of the Directive are to provide authors and inventors with a stronger tool than copyright which many times proves to be totally useless. Patent protection provides more stability and security. If you compare the export of high-tch industry of countries like Japan and USA with that of EU countries you will defintley understand why such a Directive is required, in line with the Lisbon Agenda. In my professinal experience, I faced situations where local start-ups had to battles their way in other jursidcitions in order to apply for such patents meaning: higher costs and long procedures. I am confident that with the introduction of the CII Directive as found in the Common Position, Malta will have much to gain. Again, as a Linux user I appreciate your different, if not totally opposite, point of view. Would be very glad to discuss the matter more in detail with you or your organisation. Best Regards Antonio Ghio Keith Vassallo wrote: > Hey guys, > > Send the following e-mail to itech: > > Dear Sir/Madam, > > I read with total disgust the article "Patent Pending: Protecting > Maltese computer-implemented inventions" published on Thursday, > June 16, 2005 on page 3 in iTech. The article shows that the author > has clearly ignored a very important aspect of patents and the > article is in danger of leading the Maltese IT industry to support > a directive which will work against it. Let me explain: > > The Computer Implemented Inventions Directive (CIID) is designed to > allow the patentability of computer ideas. This means that very > basic ideas like "gift wrapping a present when ordering items > on-line" or "double-clicking a mouse" can be patented. The two > examples mentioned have been granted, to Amazon and Microsoft > respectively, in the USA. What does this mean? It means that if > Amazon takes action, other on-line stores will now have to pay > Amazon for gift-wrapping - never mind that it has been done in real > life for thousands of years. I won't even mention what consequences > the double-clicking patent would have.... > > The CIID will help companies, but certainly not Maltese companies. > Large corporations will build huge patent portfolios not just by > thinking up new ideas (which is not so bad) but more disturbingly > by buying patents from smaller companies. This will result in an > industry where the biggest players hold all ideas ransom, and small > players with limited funds cannot even start-up a new company. This > situation is already being seen in the USA. Now, as everyone knows, > Maltese companies are very small (so small in fact, most companies > are considered micro-businesses rather then SMEs). These companies > will find it immensely hard to raise enough money to buy patents > from big companies. Even if they do, making the patent profitable > will be very difficult, especially in Malta's limited market. The > CIID will also have a very negative effect on free and open-source > software, where projects simply do not have the money to buy > patents. > > The CIID has already been proposed to the EU parliament and > rejected. Then proposed again, and rejected. Now the EU council is > again proposing the CIID and the EU parliament will be voting > around 5th July. This says a lot about the EU council, which is > pushing the CIID even though the EU parliament has rejected it > twice. Where is democracy? _______________________________________________ MLUG-list mailing list [email protected] http://mailserv.megabyte.net/mailman/listinfo/mlug-list -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.2.5 (GNU/Linux) Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org iD8DBQFCuSSDym3HAdrlsyERAjoTAKCXzXOUBekKcnNCDoMNR3o5Vn0uFgCfdeMI Al/VK8QPRgXrieLjKsi1ppc= =5zsA -----END PGP SIGNATURE-----
