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Article 7 a (new)

number

submitter

recommendation

text

163

Alvaro, Wallis, Manders, Fourtou

-

To assist in the monitoring obligation set forth in Article 7 of this Directive, a Committee on Technological Innovation in the Small- and Medium-sized Enterprise Sector, hereinafter referred to as "the Committee", shall hereby be established. The Committee shall in particular: / * examine the impact of patents for computer-implemented inventions on small- and medium-sized enterprises and highlight any difficulties; / * monitor participation of small- and medium-sized enterprises in the patent system, with particular regard to patents for computer-implemented inventions, and consider and recommend any legislative or other EU-level initiatives related thereto; and / * facilitate the exchange of information with regard to relevant developments in the area of patents for computer-implemented inventions that might affect the interests of small- and medium- sized enterprises.

Apart from using the term "computer-implemented inventions", this amendment is particularly objectionable because of its misleading and propagandistic justification. All known independently held European SME surveys show that the majority of European !SMEs oppose software patents. There is no need for yet another EU Committee or body.

Article 7 bis (new)

| nr | submitter | recommendation | text | | 164 | Szájer | 0 | The Commission shall conduct a feasibility study looking to the establishment of a Fund for small and medium-sized enterprises to provide financial, technical and administrative support to small and medium-sized enterprises dealing with issues related to the patentability of computer-implemented inventions. |

This amendment starts from the idea that !SMEs do want software patents, but that they are just not informed well enough or that they just need a little money and administrative support to help them overcome a few basic hurdles. The problem is that most !SMEs simply do not want software patents, even if they could obtain them very cheaply. They generally value the knowledge that they own what they write much higher than that they might win the patent lottery.

Article 8 a a (new)

| nr | submitter | recommendation | text | | 167 = 168 | Alvaro, Wallis, Manders, Fourtou | o | participation by small- and medium-sized enterprises in the patent system for computer-implemented inventions. Such report shall include data, to the extent available, regarding applicants for and recipients of patents for computer-implemented inventions; |

More data is indeed better, but a study on the costs and benefits for companies of various sizes would be much more interesting than simply the amount of patents obtained by !SMEs. This amendment also still talks about "computer-implemented inventions".

Article 8 g a (new)

| nr | submitter | recommendation | text | | 174 | Szájer | 0 | the feasibility study looking to the establishment of a Fund for small and medium-sized enterprises.|

See comments to amendment 167 to article 7 bis (new).

Recital 20 a (new)

| nr | submitter | recommendation | text | | 249 | Alvaro, Wallis, Manders, Fourtou | -- | Small- and medium-sized enterprises are essential to the economic success and global competitiveness of the European Union and its Member States. Intellectual property rights benefit small and medium-sized enterprises just as they do larger entities. To ensure that this Directive advances the interests of SMEs, a Committee on Technological Innovation in the Small- and Medium-sized Enterprise Sector should be formed. This Committee should focus on patent-related issues relevant to such enterprises and should bring these issues to the attention of the Commission as necessary. |

One cannot say anything useful about "intellectual property rights" in general regarding any sector. Copyright benefits !SMEs a lot and software patents do not, yet both are classifiable under the general term "intellectual property". This sort of dogmatic statement with the same misleading justification as for amendment 163 to article 7 a (new) does not belong in a directive.

A split before "To ensure that this Directive ..." with voting recommendation -/+ on the resulting parts might be acceptable, although one should be careful about forming new committees and the decision to do so does not necessarily belong into a recital.

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