France against CEC/BSA Software Patentability Directive Proposal

[PILCH Hartmut <phm@a2e.de>]

http://swpat.ffii.org/vreji/papri/eubsa-swpat0202/france020301/
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   France 2002-03-01: Software Patentability Directive Proposal Unacceptable
                                      
   Industry Minister Christian Pierret writes to the European Commission,
   expressing his dismay about the proposed directive's apparent failure
   to propose a clear limit on patentability and to take the interest of
   european software creators as well as related european policies such
   as e.Europe into account.
   
   
   -> http://www.telecom.gouv.fr/dp/brevetlogiciel.pdf:
   -> http://www.minefi.gouv.fr/minefi/actualites/index.htm:
          
   Minister for Industry, Small and Medium Enterprises, Commerce, Crafts
   and Consumption
   
   Presse Release
   
   http://www.industrie.gouv.fr/accueil.htm
   
   Paris, 1st of March 2002
   
   Christian PIERRET, the minister of Industrie, SMEs, Commerce, Crafts
   and Consumption has notified the European Commission of the french
   government's position concerning the draft for a directive on the
   patentability of software which was presented today to the council of
   the internal market. Finding that the directive draft does not bring
   any of the expected clarifications concerning the limits of obtainable
   patentability, the government is worried about the scope of
   patentability which could be made open to all software and
   consequently to pure thought and business methods. However it has
   appeared clearly in France as well as in Europe that such an extension
   is largely rejected.
   
   France has made it clear that she finds it essential to account for
   the merits and demerits of the protection of software resulting from
   the current practise of the European Patent Organisation (EPO) and its
   member states. The french government wants to avoid any draft that
   could have negative consequences on innovation, interoperability and
   free software as well as on the actors as a whole (publishers,
   integrators, users), especially the SMEs. It believes that the
   approach of the directive fails to respond adequately to the economic,
   scientific and cultural issues of the software sector as well as to
   the need to promote innovation which is one of the priorities of the
   "e.Europe" action plan. The Commission has conducted studies and a
   consultation in the last third of the year 2000. The directive draft
   presented to the member states however does not clearly assess the
   risks which a legitimation of the practise of the EPO in the member
   states would bring, in comparison to the advantages. Various studies
   and reports conducted in several member states have appeared rather
   unenthusiastic about such an evolution. At the initiative of France,
   among others, the Diplomatic Conference for the Revision of the
   European Patent Convention (EPC) which was held in Munich in november
   2000 had decided not to change the rulings of the European Patent
   Convention on this subject, wishing that a clear European position
   could be found on the basis of a precise analysis of the economic,
   technical and legal consequences.
   
   Press Contact:
          - Cabinet of Christian PIERRET Laurence GAUNE phone: 01 53 18
          44 85
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          Directive of the European Parliament and of the Council
      on the patentability of computer-implemented inventions | France
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