Poland Tips Balance On EU Software Patents Directive

by Ulrika Lomas, for LawAndTax-News.com, Brussels

19 November 2004

The Polish government announced on Tuesday that it will not be supporting the Patentability of Computer-Implemented Inventions Directive in the form in which it was approved by the EU Council earlier this year.

In a statement, the Polish authorities explained that:

"Because of numerous ambiguities and contradictions respecting the current directive project, Poland cannot support the text which was accepted in the vote of the Council on May 18, 2004."

However, the statement went on to add that the government would be prepared to accept an amended directive which stated that "computer-implemented inventions" can be patented, but software cannot.

Observers have suggested that this has sounded the death knell for the Directive in its current incarnation, as following the recent introduction of new voting weights for EU member states, the legislation no longer has enough support to be sent back by the Council to the European Parliament.

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