This EPLA proposal, backed by European Commissioner for the Internal Market Charlie McCreevy, a guy the anti-software patent people claim is in Microsoft's pocket - because he's Irish and Microsoft spends a lot of money in Ireland - would establish a new European Patent Judiciary (EPJ) that, in turn, would establish a new European Patent Court (EPCt).

This European Patent Court would replace the national courts in all EU countries acceding to the EPLA with respect to all litigation concerning the validity and infringement of patents granted by the European Patent Office (EPO).

Since the EPO backs software patents, the anti-patent folks figure software patents would just become the de facto norm.

So now - a few weeks before the EPLA comes to a vote in mid-October - three international parties in the European Parliament have aligned to try to shoot the EPLA proposal down and have tabled a joint counter-proposal against the EPLA that claims it weakens democracy, compromises judicial independence, increases litigation costs and exposes SMEs to greater risks. A fourth political party has filed a motion of its own that is largely consistent with anti-patent proposal.

--Copyright Client/Server News

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