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From: Jean-Michel POURE <jm@poure.com>
Reply-To: jm@poure.com
To: "Christian Beauprez" <beauprez@beauprez.fsnet.co.uk>,
	Jean-Baptiste Soufron <soufron@free.fr>
Subject: Re: [Patents] Retroactivity of the law
Date: Tue, 4 May 2004 16:42:40 +0200
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> Some years ago a class of literary work (you must forgive me I cannot
> remember which) was changed to go from 50 years term of protection to 70.
> This meant that works previously in the public domain were re-classified
> once more as under copyright.
> The UK government (I believe acting to comply under an EU =A0treaty of so=
me
> kind) simply applied the law retroactively without any crisis of
> conscience.

(Do not take it bad, this is rather a (bad) joke, but I am not far from=20
believeing that in The United-States and in U.-K., the politicians stopped=
=20
creating laws for the people a long time ago. :)

Let me quote the French Code Civil, article TWO:

"La loi ne dispose que pour l'avenir ; elle n'a point d'effet r=E9troactif"
The law only applies in the future; it shall have no retroactive effect.

If your company was publishing literary works and suffered a loss in revenu=
e=20
because of a retroactive law, the Government has to pay for the loss of=20
revenue. People never asked for compensation, it does not mean that there b=
e=20
no compensation.

In other words, even  governements have to give compensation for a retroact=
ive=20
law. If the European Commission think that there will be no retroactivity=
=20
problems on 30.000 registered patents,they are wrong. The simple example of=
=20
JPEG can cost them several billion euros.

Intelligent lawyers are waiting for such laws...=20

Best regards,
Jean-Michel

