Re: [Patents] Retroactivity of the law

[Jean-Michel POURE <jm@poure.com>]

> 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.

(Do not take it bad, this is rather a (bad) joke, but I am not far from 
believeing that in The United-States and in U.-K., the politicians stopped 
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 rétroactif"
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 revenue 
because of a retroactive law, the Government has to pay for the loss of 
revenue. People never asked for compensation, it does not mean that there be 
no compensation.

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

Intelligent lawyers are waiting for such laws... 

Best regards,
Jean-Michel