
Logic Patents > Journal > History > News of 05 > EP says No
News of 2005	MS as SME	Amendments	ALDE	Manders

European Parliament Says No to Software Patents

Strasbourg, 6 July 2005 -- The European Parliament today decided by a large majority (736 members, 680 votes, 645 yes, 14 No, 18 abstentions) to reject the directive "on the patentability of computer implemented inventions", also known as the software patent directive. This rejection was the logical answer to the Commission's refusal to restart the legislative process in February and the Council's reluctance to take the will of the European Parliament and national parliaments into account. The FFII congratulates the European Parliament on its clear "No" to bad legislative proposals and procedures.

This is a great victory for those who have campaigned to ensure that European innovation and competitiveness is protected from monopolisation of software functionalities and business methods. It marks the end of an attempt by the European Commission and governmental patent officials to impose detrimental and legally questionable practises of the European Patent Office (EPO) on the member states. However, the problems created by these practises remain unsolved. FFII believes that the Parliament's work, in particular the 21 cross-party compromise amendments, can provide a good basis on which future solutions, both at the national and European level, can build.

Jonas Maebe, FFII Board Member, comments on the outcome of today's vote:

"This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats. I hope this turn of events can give some people faith again in the European decision making process. I also hope that it will encourage the Council and Commission to emulate the European Parliament to improve transparency and the ability of stakeholders to participate in the decision-making process irrespective of their size."

Hartmut Pilch, president of FFII, explains why FFII supported the move for rejection in its voting recommendations:

In recent days, the big holders of EPO-granted software patents and their MEPs, who had previously been campaigning for the Council's "Common Position", joined the call for rejection of the directive because it became clear that the 21 cross-party amendments championned by Roithová, Buzek, Rocard and Duff were very likely to be adopted by the Parliament. It was well noticeable that support for all most of these amendments was becoming the mainstream opinion in all political groups. Yet there would not have been much of a point in such a vote. We rather agree to the assessment of the situation as given by Othmar Karas MEP yesterday and by the rapporteur Michel Rocard today: a No was the only logical answer to the unconstructive attitude and legally questionable maneuvers of the Commission and Council, by which this so-called Common Position had come about in the first place.

The FFII also wishes to thank all those people who have taken the time to contact their representatives either by email, phone or in person. We also want to thank the numerous volunteers who have given so generously of their time and energy. This is your victory as well as the Parliament's.

Background information and further news

About the FFII -- http://www.ffii.org

The Foundation for a Free Information Infrastructure (FFII) is a non-profit association registered in several European countries, which is dedicated to the spread of data processing literacy. FFII supports the development of public information goods based on copyright, free competition, open standards. More than 3,000 companies and 90,000 individuals have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual property) in data processing.

Contact information

Hartmut Pilch and Holger Blasum 
Munich Office
info at ffii org
tel. +49-89-18979927

Erik Josefsson 
Brussels Office
erjos at ffii org
tel. +32-484-082063

Jonas Maebe
FFII Belgium
jmaebe at ffii org
tel. +32-485-369645

Rufus Pollock
FFII UK
rufus pollock at ffii org uk
+44-1223-690423

Gérald Sédrati-Dinet
FFII France, Vice President FFII
gibus at ffii fr
+33-6-60-56-36-45