JuriPubl0505En

Article 5.1/2 a (new)

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recommendation

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122 = 123 = 141 = 143

 Kudrycka and Zwiefka; Bertinotti; Kauppi; Ortega

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Member States shall ensure that the distribution and publication of information, in whatever form, can never constitute direct or indirect infringement of a patent. 

134

Szenja

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Member States shall ensure that the production, processing, dissemination and publication of information in any form cannot be the basis of direct or indirect breach of patent law, even if patented technical apparatus is used to this end.

135

Frassoni, Lichtenberger

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Member States shall ensure that the production, handling, processing, distribution and publication of information in any form can never constitute a patent infringement, either direct or indirect, even if a technical device is used for this purpose.

Freedom of publication, as stipulated in Art 10 ECHR, can be limited by copyright but not by patents. Patent rights are broad and unsuited for information. These amendments do not make any patents invalid, rather they limit the ways in which a patent owner can enforce his patents.

122 = 123 = 141 = 143 are more balanced than 134 and 135 (the latter are more or less reprises from the first reading, the others are compromises by limiting themselves only to the distribution and publication of information).

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