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Future Developments concerning Software Patents
Commemorate Banana Union Day

What will happen next in with Regard to Software Patents, in particular the EU directive project? What is up in India, Australia? at WIPO, WSIS? FFII & friends try to keep this page up to date.
You can probably find more current information in the wiki addendum of this page.
Although the software patent agreement of 2004-05-18 no longer enjoys the support of a legitimated majority of governments, efforts to push it through one of the next Council sessions will continue. The Dutch government is even said to have offered to do what it considers its "finish-up job" on behalf of Luxemburg in January. This would mean passing as an A-item in January based on the assumption that all countries agree.

Indeed Poland has not formally filed a note of disagreement with the Council so far, and article 3 of the Council's rules, which served as a reason for delay at the Agriculture and Fishery Meeting in December, will then no longer be citable. The Dutch government, by continuing to support the Agreement of May 18th, is violating the Dutch parliament's motion of last July; the minister in charge, Laurens Jan Brinkhorst is defying the parliament.

Simultaneously, a group of members of the European Parliament is preparing for a restart of the procedure in case the Council continues to be unwilling to do its homework. "Homework" should mean: analyse the interests at stake, read the Parliament's proposed solution and formulate responses that show at least some willingness to understand and appreciate.

The Indian Government is trying to legalise software patents in India by means of a government ordinance which was passed without parliamentary scrutiny under the pretext of implementation of the !TRIPs treaty. Everything must be done to challenge this ordinance.

see Indian Government Orders Legalisation of Software Patents

The AUSFTA will be used to push the limits of patentability or to stabilise caselaw created by the patent judiciary.

see http://kwiki.ffii.de/Ausfta04En

[ Software Patents: News and Chronology | Software Patents in Europe: A Short Overview | Future Developments concerning Software Patents | The Economist magazine, 2004-11-11 | Software Patents: News Sources and Discussion Rounds | History of the Limits of Patentability ]
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english version 2004/08/16 by Hartmut PILCH