Hi Keith, I'm not sure if u sent this, or if i received it from someone else, but this FT article seems pretty relevant to the discussion you're having with Mr Ghio.
http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html By the way, I believe Mr Ghio is IT Lawyer with Fench & Fench Advocates... That might give you an idea of his background and bias on the subject... ph. On 6/22/05, Keith Vassallo <[EMAIL PROTECTED]> wrote: > -----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----- > > _______________________________________________ > MLUG-list mailing list > [email protected] > http://mailserv.megabyte.net/mailman/listinfo/mlug-list > -- Philip Camilleri [EMAIL PROTECTED] tel. +356 9943 9212 fax. +356 9973 9212
