22 September 2003 Protests are mounting at European Union plans to introduce new intellectual property legislation that would introduce software patenting.
The new laws would allow the patenting of ideas such as online retailer Amazon’s so-called ‘one click’ technology, which was successfully patented in the US. One click is little more than a means by which a customer can press one button on a web site to check out.
Supporters of the proposed legislation, most notably Member of European Parliament (MEP) Arlene McCarthy, say that such patents would not be permissible under the new law because companies would have to show that the idea or software made a “technical contribution”.
However, the law’s opponents say that this provision is so vague that it will make little difference.
Furthermore, they point to the granting by the European Patent Office (EPO) of a similar patent to one click to Amazon earlier in the year. That patent will not be enforceable in most EU jurisdictions until EU-wide intellectual property laws are introduced.
The EPO says that Europe’s intellectual property laws need to be overhauled in order to create a level playing field.
The battle over the new patent laws has also been characterised as a struggle for power by the EPO, which has been one of the legislation’s biggest supporters, because it would give it precedence over national patent offices across Europe.
The EPO says that Europe’s intellectual property laws need to be overhauled in order to create a level playing field.
But critics say that the legislation as it stands will stifle innovation. The only winners, they say, will be corporate giants who will either be able to wield large portfolios of patents against smaller rivals, or simply intimidate them into submission with the threat of costly legal action.
Europe, particularly Germany, is also a hotbed of open source software development. Advocates of open source are particularly concerned that patent laws could stifle their activities.
