ICT Ireland pushes for software patents

23-06-2005

by Charlie Taylor

Representatives from a number of Irish-based firms have been in Brussels this week to lobby in favour of a controversial EU directive on software patentability.

The aim of the so-called Computer-Implemented Inventions directive is to harmonise existing patent legislation by removing barriers to trade in patented products within the EU. The proposed law is a central plank in the Lisbon Agenda, which aims to make Europe the most competitive economic zone in the world by 2010.

However, the directive has been widely opposed by small firms and Open Source advocates since being first put forward in September 2003. Opponents of the legislation argue that the directive will stifle software R&D. Conversely, those in favour of the law, a list that includes large corporations such as Microsoft, Philips and Nokia, say that tighter software patent laws are needed to protect innovation.

Under the EU's decision-making process, both the European Parliament and the Council of Ministers must agree on the proposed legislation. However, while the Council approved the directive earlier this year, Parliament rejected it. The legislation has since been approved by the Parliament's legal affairs committee and is now set to be voted on again by Parliament next month.

Ahead of the vote, representatives from the Irish software industry visited Brussels earlier this week to push for the patent to be ratified. The group, which included members from small indigenous firms in addition to representatives from Irish-based multinationals such as Microsoft, were keen to stress to Irish MEPs that the directive will make it easier for companies to protect their inventions throughout the European Union.

However, although the lobby group is in favour of the directive it is concerned about a number of amendments which have been added to the proposed legislation. The Parliament's legal affairs committee rejected most of the amendments and the representative body ICT Ireland is hopeful that Parliament will do as well.

"The current proposal is very good, but we're worried about the amendments which have been put forward," said Kathryn Raleigh, director, ICT Ireland. "If all the amendments are voted through then we're left in a situation where Europe will not be a good place to register patents and the consequence of this is that large companies won't conduct their R&D in Europe they'll go somewhere where intellectual property is better protected."

The ICT sector in Ireland employs around 100,000 people and according to ICT Ireland, the vast majority of software firms operating in the country are in favour of the directive.

"The patents directive is really only ratifying and harmonising what has already been happening for the past 20 years," said Kathryn Raleigh, director, ICT Ireland. "During that period over 30,000 Computer-Implemented Inventions patents have been filed in Europe and about 20 percent of those were filed by small and medium sized firms and that's a figure which is growing."

"Basically any company which supports innovation and is involved in research and development would support this directive," added Raleigh.