FFII About to Return Back Again on the Political Stage.
Since the final shipwreck of the EU Draft Directive on the patentability of computer-implemented inventions last year anti-patent campaigners of FFII are looking for a new project which can be communicated to the general public as well as to the policymakers in order to raise awareness, funds, and political influence. Recently FFII have come forward with a plan to shape the political discussion on Intellectual Property on an EU-wide scale by organising a series of public conferences:
"[...] November 25, Munich - EUPACO-0
Launch
The first in a series of events to open the discussions on a new EU patent system. EUPACO-0 will be held in Munich, before the FFII Annual General Assembly. Key speakers: Hartmut Pilch (vice-president of the FFII), Pieter Hintjens (president, FFII). The format is two conference blocks, one looking at the European patent system today, and one discussing the FFII's proposals for a new EU patent system. [...]"
"[...] January 24, Brussels - EUPACO-1
European Conference
EUPACO-1 assembles a range of powerful speakers from the US and across Europe in a one-day conference. Under the spotlight: the patent system in Europe and abroad. The goals: to discuss the way forward to a new EU patent system. The format is two conference blocks, one looking at the European patent system today, and one discussing proposals for a new EU patent system. [...]"
"[...] May, Brussels - EUPACO-2
International Conference
EUPACO-2 assembles a range of powerful speakers from the US and across Europe in a 2-day conference. The conference presents proposals for a new EU patent system, from the FFII and related and other workgroups. The format is one day of conference speakers, one day of workshops. [...]"
Even from these very brief abstracts it becomes absolutely clear that this campaign is no longer restricted on patents on computer-implemented inventions or, as they prefer to call it, "software patents". It is plotted to discuss details of an attack on the heart of that what makes up the present patent system. Topics include:
Desirability of patents in various fields
Replacement of planned EPLA court with judicial harmonisation agency
Privatisation of the patent examination system
Copyright instead of patent protection for innovation
Moreover, there is another website titled Power to the Parliament proposing Europe's legislators to ensure - in their own words - that:
The European Patent Office stop granting patents on software and business methods, stop lobbying for its supposedly independent judicial arm, and start following the lead of the national courts and the European Parliament;
The European patent system be organized as unbureaucratically as possible; this could be achieved by privatizing examination and making polluters pay;
As long as there is no constitutional framework with democratic lawmaking at the European level, final decision power not be transferred to a European court; the national judicial systems must remain available as cheaper alternative paths with a corrective function;
All statutory laws and rules applied by any new European supreme courts be subject to review by elected legislators; the signatory states should in such cases transfer the related legislative power to the European Parliament, while assigning veto rights to a quorum of national parliaments.
"[...] Once again, it seems to me, the FFII is stealing a march on those who wish to see reform to Europe's system occur within its current framework. I suppose that many in the pro-patent camp (for want of a better description) will be content to sneer from the sidelines and to say that what the FFII is proposing is ridiculous. And maybe it is. But the FFII is shaping the debate again and arguments against their ideas are going to have to be developed. Can you imagine, for example, the European Parliament being opposed to an increase in its powers? No, neither can I; or not unless it is given some very good reasons.
What is also worth pointing out is that in the press release announcing the launch of the EUPACO site, the FFII's president Pieter Hintjens makes clear that it is not only software patents that are the issue, but all patents and the entire system. 'The unrestricted expansion of patentability into non-traditional areas together with the rising flood of poorly granted 'soft' patents in biotech, pharma, and software have throttled innovation,' he said. The fight, in other words, is being broadened, and the FFII is looking for allies beyond its traditional base.
Do the pharmaceutical and biotech industries want the European Parliament to have the final say over what should and should not be patentable? Is the auto industry happy for that to happen? Does the chemical industry believe that politicians should be able to second guess judges? If not, they had better start doing something about it. How about starting by asking how the FFII knows that innovation is being stifled by the current system. What evidence does it have? [...]"
Hope that patent people won't oversleep again.
BTW: I'm inclined to plainly deny that currently the EU has no constitution. The various treaties in force are functionally serving as a de-facto constitution by setting up the bodies (Commission, Council, Parliament etc. pp.) of the European system as well as their competences and responsibilities.
a series of public conferences:
follow an abolitionist line, including