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July 05, 2005
Directive provides Europe with opportunities for innovation
Opportunity for the European parliament to foster European innovation and competitiveness.
Intellectual property is critical for the EU's hopes to grow into a knowledge economy. If the European Parliament accepts the directive on the patentability of CII (Computer Implemented Inventions) it will help ensure innovation, job creation and growth in Europe.
The European parliament votes on the 6th of July on the new directive regarding IP. If the directive ends up in a third reading and is further delayed, there is risk that the uncertainty caused will hurt European innovation. The only group who might benefit from an unclear or anti-patent directive would be competitors from regions with more clear IP regimes.
While software is not patentable in the EU, there are a number of patents awarded to devices where computers and their programs play a key role. This corresponds to a de facto regime of patentability but it is not well protected or defined by EU law. The recent hot debates surrounding the CII patent directive hinge on whether to accept the patentability or to push it back only to physical inventions.
Patents should be awarded to all expressions of human innovation that are novel and have practical technical applications. The recent hot debates surrounding the CII patent directive hinge on whether to accept the patentability of the software or to push patentability back only to physical inventions.
There is a need to harmonise the existing patent systems of EU to ensure cooperation and fair competition. When the basis of the economy is knowledge and creativity, then intellectual property corresponds to the means of production. If inventions cannot be patented their value to innovators will become less, and the costs of innovation will not be recouped. If the EU does not adopt CII patents international competitors would use a loose IP regime to get ahead themselves, gaining the fruits of European innovation while keeping their own inventions locked away.
About 60% of European small and medium enterprises (SMEs) have business models dependent on patents. When discussing with SMEs, it becomes clear that the overall views are much in favour of CII patents. SMEs need patent portfolios to gain venture capital; without protection of their ideas they cannot enter the market.
"Software is the soul of the tech revolution" explains Waldemar Ingdahl, director of the Swedish think tank Eudoxa. "Going back to patenting only physical devices would hamper the European economy, while accepting the innovativeness of software would help it achieve the goals of the Lisbon agenda. A vote for the common position will benefit Europe capacity for innovation and growth".
The Eudoxa think tank is situated in Stockholm, Sweden. Their focus is on discussing the effects of emerging technologies and scientific progress and their relations with society and economics.
For further information, please contact Director Waldemar Ingdahl. Telephone +46 8 83 87 73, e-mail info@eudoxa.se
Posted by Waldemar at July 5, 2005 04:38 PM