(30/06/05) Softwarepatenten: laatste kans voor Europese KMO's

• 2005-07-01

Greens/EFA building alliance to defend 21 key amendments
Last chance for MEPs to stop software patents

The Greens/EFA group in the European Parliament are in the process of building an alliance of colleagues from other political groups to stop the introduction of software patents in the controversial computer-implemented inventions (CII) directive. MEPs will vote on the directive in next week's plenary session in Strasbourg. The alliance is uniting around a set of 21 core amendments that would strictly define the scope of what exactly is patentable in the directive, and prevent the kind of ambiguity that large software companies are forcefully lobbying for.

Speaking at a press conference in Brussels this morning, Eva Lichtenberger, Austrian member of the legal affairs committee, said:
"In the 21 amendments that were tabled by political groups and dissenting minorities within the EPP and the Liberals, we propose a clear distinction between software – which is protected by copyright, and technical inventions – that should be patentable. The amendments would make the Parliament's text much clearer than the Council's position, which is based on the European Patent Office's current practice of granting patents on software despite being against its own rules and the European patent convention. I ask all MEPs to choose to protect innovation and SMEs and prevent patents on software. They should listen to the SMEs in their own constituencies whose economic existence is at stake if the Council's position comes into force."

"Software is developed, not invented. It is a process that builds on previous advances and developments. It would be paralysed by the introduction of a system of patents. Inventions can and should be protected by patents, as the time-limited monopoly grants their developers an opportunity to recuperate their investment costs. But software patents will drive small developers either out of business or into a situation where, unable to pay the costs of patent lawyers, they will have no option but to sell up to the people suing them. This potential for market domination is the reason why most lobbying firms in Brussels are currently working flat out on behalf of big software companies to win a favourable vote."

Monica Frassoni, co-president of the Greens/EFA group, added:
"This is a symbolic fight. It is a fight to defend liberty and innovation in Europe and to protect small entrepreneurs from the predatory tactics of large software companies. The Parliament won a major victory to exclude software patents from the CII directive in first reading, only to have our position ignored by the Council and Commission. The next days present a final opportunity for MEPs to listen to the people, defend Europe's innovative small software businesses and reject legalising software patents."

Daniel Cohn-Bendit, co-president of the Greens/EFA group, concluded:
"Across Europe there is a debate underway about how to make European businesses more competitive and dynamic and remove the burden of bureaucracy on them. The best contribution the Parliament can make to this debate is to reject introducing patents for software. I find it difficult to understand how certain governments can reconcile their programmes to reduce 'red tape' on industry, with their support of software patents in this directive. Tony Blair is particularly guilty of this inconsistency."