Re: [Patents] Retroactivity of the law

[Xavi Drudis Ferran <xdrudis@tinet.org>]

El Tue, May 04, 2004 at 04:42:40PM +0200, Jean-Michel POURE deia:

> 
> 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.
>

This is if they change the law. If they just reaffirm the current law
that prohibits swpats there is no retroactive effect. Swpats will be
invalid after that hipothetical directive, but they are already today.

I don't think changing the amount of time a worker has to work to get
a pension is the same as clariying what "as such" means. I think this
is why the Commission cares so much to pretend it is not changing the
law and only clarifying. If they said they want to change the law so
that software becomes patentable, they might be accused by those
companies that didn't patent software because it wasn't legal, and
have to suddenly face thousands of legalised swpats. (not really, this
kind of retroactivy suits don't usually happen).

> Intelligent lawyers are waiting for such laws... 
>

Intelligent customers might want to sue those lawyers for failing to
give correct patent advice at a time when swpats were not allowed, and/or
the EPO for misinterpreting the EPC and muddling precedents.
Pushing the law and fait accompli politics are risky games .

(mmm... I think I'd make a good lawyer if I liked law enough to really
study it)

But I think this thread is way too hipothetical

-- 
- jo també vull una Europa lliure de patents de programari  -
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Xavi Drudis Ferran
xdrudis@tinet.org