October 6, 2010

EU still pushing for punitive measures against patent infringements in ACTA

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Brussels, 6 October 2010 — The negotiating parties published the consolidated Anti-Counterfeiting Trade Agreement (ACTA) text. The following statement can be attributed to the Foundation for a Free Information Infrastructure (FFII):

“The EU still wants punitive measures against patent infringements in ACTA. In our opinion, this is irresponsible. The software field is plagued by patents and holders of huge patent portfolios could decide to eliminate competition from startups, small and medium sized enterprises and open source projects, on their own, or by using a proxy, a patent troll.

The inclusion of patents in ACTA also could cause issues with regards to access to medicine, and even more with other technology not protected by the Doha Declaration on TRIPS and Public Health, including much wanted ‘green technology’.”

The U.S. has bracketed footnotes saying patents do not apply to civil enforcement or border measures.

TRIPS is the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights.

FFII statement and analysis

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About FFII

The FFII is a not-for-profit association, dedicated to the development of information goods for the public benefit, based on copyright, free competition, and open standards. More than 1,000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights in data processing.