Keltner & Recht 2001

[PILCH Hartmut <phm@a2e.de>]

Under

        http://www.it-law.at/papers/keltner_recht_screen_design.pdf

you can find a study of two austrian information privilege lawyers
from 2001 about design exclusion rights, including swpat, which starts
out with the following programmatic statement:

  The importance of the protection of Intellectual Property Rights for 
innovation, 
  employment, competition and thus economic growth cannot be overrated. 
Therefore 
  it is particularly important to put more emphasis on the protection of 
these rights. The 
  key to success is to create an environment which nurtures dynamics and 
creativity 
  built upon the foundations of a secure legal environment. It must become 
possible to 
  obtain wide protection of Intellectual Property Rights through a simple 
application 
  system with legal certainty and at a reasonable price. 

and then goes on to cite opinions of the European Patent Office and
its friends in Brussels such as the IndProp consultation paper and IP
lawyer studies such as

        http://swpat.ffii.org/papiere/indprop-ipi00/

and the MPI part of

        http://swpat.ffii.org/papiere/bmwi-fhgmpi01/

in order to create the impression that Europe has currently the choice
only between sanctioning the EPO practise and moving closer to USPTO
practise.  The text moreover gives bad ratings to all law doctrines,
no matter whether in copyright or patent law, that somehow want to
keep a sphere such as algorithms and general principles free from
appropriation.

This study has a certain value as a reference to various information
privilege laws and law projects as well as the agenda of influential
lawyer lobbies in Brussels.

At our Chinese Consulate and elsewhere I often get to read
publications of the Chinese Communist Party (CCP) Central Party Cadre
Formation College.  These publications of course contain some taboos
and biases, but their language is refreshingly intelligent, honest and
undogmatic.  It seems that they have already gotten over their "belief
crisis" while our IP establishment is still stuck in its final phase
of cultural revolution.

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-12789608   
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
120,000 signatures against software patents      http://www.noepatents.org/