The directive on the patentability of computer-implemented interventions was formally adopted by the EU Competitiveness Council on Monday despite last-minute attempts by Denmark to force more discussion.
The directive, which is designed to standardize technology patent laws across the European Union, but contains a loophole that according to critics would allow widespread software patents, has split both politicians and technology vendors across Europe.
Ministers from Luxembourg, which currently holds the presidency of the Council, denied Danish requests to turn the directive into a B-item from an A-item, which is adopted without discussion, stating that the directive had to be adopted for institutional reasons.
The decision was made, according to the ministers, so as to not create a precedent that could impact the procedures for other European directives. The directive was then formally adopted despite opposition from Spain and the abstention of Austria, Italy, and Belgium.
In addition, the European Commission, Denmark, Cyrus, Latvia, the Netherlands, and Poland entered a declaration into the Council’s minutes for consideration following the second reading of the directive by the European Parliament, which last month requested a restart of the political process for the directive.
Even though that request was denied by the European Commission last week, the Luxembourg presidency admitted that clarifications need to be made to the directive to clear up uncertainty.
However, the ministers indicated that the time for negotiations and compromise was during the second reading by the Parliament, which will take place during the next three months.
The Foundation for a Free Information Infrastructure, which has campaigned against the directive, last month warned that the European Parliament could instead throw out the directive, having been angered by the European Commission’s dismissal of its request for a restart.
The adoption of the directive upset anti-patent campaigners not only because it was not the result they wanted, but also because the decision by the appointed Commission appeared to ignore the request of the elected Parliament.
We as the opponents of software patents don’t have to talk too much now about the democratic illegitimacy of this proposal because it’s so obvious, said Florian Mueller, NoSoftwarePatents.com campaign leader.
The decision was welcomed by the Computing Technology Industry Association, CompTIA, however, which said the directive would protect intellectual property innovation with EU member states. Further delays will only disadvantage innovative companies in all sectors and industries, said Hugo Lueders, European director of public policy for CompTIA.
As well as within the European Parliament, which contains directly elected members, opposition to the directive has also been growing among member states whose governments are represented by the Council of Ministers
In February, the German Bundestag, the Senado upper house of the Spanish parliament, and the Dutch Tweede Kramer, voted for resolutions against the proposed directive. The Polish government has twice previously delayed the approval of the directive by the Council of Ministers by arguing that more time is needed to discuss the implications of its wording.
