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- From: "Christian Beauprez" <beauprez@beauprez.fsnet.co.uk>
- To: <jm@poure.com>
- Cc: "Patent Forum" <patents@aful.org>
- Subject: Re: [Patents] Retroactivity of the law
- Date: Tue, 4 May 2004 14:51:11 +0100
Dear Mr. Pouré,
I should first start by saying I'm not a professor in law, but while
researching various issues this question has come up in regards to
copyright.
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 treaty of some
kind) simply applied the law retroactively without any crisis of conscience.
I imagine if the beaurocrats are to push through with patenting they will be
doing it for patent holders, so any argument that tries to prevent this will
be swept aside.
As you suggest this may be an interesting academic point, but I fear that
politically this principle is ignored all the time. (as is article 52 which
couldn't be any clearer)
Kindest Regards,
Christian Beauprez
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