JuriTrips0505En

Recital 6

number

submitter

recommendation

text

5

Rocard

+

The Community and its Member States are bound by the Agreement on trade-related aspects of intellectual property rights (TRIPS), approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994). Article 27(1) of TRIPS provides that patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Moreover, according to that Article, patent rights should be available and patent rights enjoyable without discrimination as to the field of technology. These principles should accordingly apply to computer-controlled inventions, without prejudice however to the legitimate interests of software authors as regards exploitation of their work, as stipulated by Article 13 of TRIPS, since computer programs are protected under copyright pursuant to Article 10 of this agreement.

185

Kauppi

+

The Community and its Member States are bound by the Agreement on trade-related aspects of intellectual property rights (TRIPS), approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994).

186 = 187 = 188

Kudrycka and Zwiefka; Bertinotti; Ortega

++

The Community and its Member States are bound by the Agreement on trade-related aspects of intellectual property rights (TRIPS), approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) 1. Article 27(1) of TRIPS provides that patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Moreover, according to that Article, patent rights should be available and patent rights enjoyable without discrimination as to the field of technology. This means that patentability must be effectively limited in terms of general concepts such as "invention", "technology" and "industry", so as to avoid both unsystematic exceptions and uncontrollable extensions, both of which would act as barriers to free trade. Thus inventions in all fields of applied natural science are patentable, whereas innovations in fields such as mathematics, data processing and organisational logic, are not patentable, regardless of whether a computer is used for their implementation or not.

189

Lichtenberger, Frassoni

+

The Community and its Member States are bound by the Agreement on trade-related aspects of intellectual property rights (TRIPS), approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994). Article 27(1) of TRIPS provides that patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Moreover, according to that Article, patent rights should be available and patent rights enjoyable without discrimination as to the field of technology. These principles should accordingly apply to computer-assisted inventions. Nevertheless, the field of software is not considered to be a field of technology.

All amendments remove the Council's incorrect claim that !TRIPs mandates software patents. Some, like 4, 186=187=188, 189 add some extra provisions to clarify that forbidding software patents can be easily made !TRIPs-compliant by noting that pure software innovations do not belong to a field of technology.

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