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Re: [Australia-public-discuss] Video/audio from patents talk and committ

From: anthony berglas
Subject: Re: [Australia-public-discuss] Video/audio from patents talk and committee hearing
Date: Mon, 13 Feb 2012 11:18:24 +1000

With regards to TRIPS, I don't think anyone allows patents of Maths.  Or song writing techniques.  Or, until recently, business methods.  So there is clearly some ability to limit the applicability of patentable matter.  And Europe clearly excludes "Software as such", and this was tested in their parliament.

But going down the free vs proprietary route is quite different. And I would say a potentially huge distraction.  What exactly does free mean anyway...  Please leave it off the agenda.


On Sun, Feb 12, 2012 at 7:28 AM, Ciarán O'Riordan <address@hidden> wrote:

Three things about a free software exception:

1. It would pretty much mean recognising software as being patentable.
  (This might be the biggest problem.)

2. It would require putting a definition of free software in a law.
  (If this gets messy or botched, point #1 will hit us in the face.)

3. Australia has to comply with TRIPS:

I think the two relevant parts of TRIPS are article 27:

 "...patents shall be available and patent rights enjoyable without
  discrimination as to [...] the field of technology..."

And article 30:

 "Members may provide limited exceptions to the exclusive rights
  conferred by a patent, provided that such exceptions do not
  unreasonably conflict with a normal exploitation of the patent and do
  not unreasonably prejudice the legitimate interests of the patent
  owner, taking account of the legitimate interests of third parties."

So, would an "if you respect people's freedom" exception be allowed?

The only attempt I know of at using this rule is the "curing epidemic"
exception that some African countries with AIDS epidemics and no money
thought of implementing.  They were told 'No'.  (A new worldwide treaty
had to be negotiated.)

+32 485 118 029 (<-NEW),

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Dr Anthony Berglas, address@hidden       Mobile: +61 4 4838 8874
Just because it is possible to push twigs along the ground with ones nose
does not necessarily mean that that is the best way to collect firewood.

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