Microsoft propone adopcion de licencia unica y global Por Jesús Antonio Gómez Bañuelos <http://www.alcancelibre.org/users.php?mode=profile&uid=6>, el miércoles 02 de septiembre de 2009 @ 05:45 CDT. Por medio de su bitacora personal<http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/09/01/improving-global-patents-think-locally-act-globally.aspx>Horacio Gutierrez, abogado de alto nivel en Microsoft, emitio un comunicado para presionar a la creacion de un sistema de patentes global y unico que haga mas facil y rapido para las corporaciones el fortalecimiento de los derechos de su propiedad intelectual en todo el mundo. Las reacciones por parte de la Comunidad de Software Libre no se han hecho esperar y en diversas bitacoras y sitios afines a este movimiento se han publicado energicas oposiciones a esta propuesta. De acuerdo con el articulo, dicho tema se discutira el proximo 17 de septiembre en Genova Italia en el marco de la junta de la Organizacion Mundial para la Propiedad Intelectual (WIPO por sus siglas en ingles) Fuente: cNet News<http://news.cnet.com/8301-1001_3-10334285-92.html?part=rss&subj=news&tag=2547-1_3-0-5> Autor: gomezbjesus <http://jesusgomez.blogspot.com/> Para ampliar en inglés: September 2, 2009 10:54 AM PDT Microsoft pushes for single global patent system by Andrew Donoghue - Font size - Print - E-mail - Share - 31 comments<http://news.cnet.com/8301-1001_3-10334285-92.html#comments> - Yahoo! Buzz<http://buzz.yahoo.com/buzz?publisherurn=cnet_news406&guid=http%253A%252F%252Fnews.cnet.com%252F8301-1001_3-10334285-92.html> A senior lawyer at Microsoft is calling for the creation of a global patent system to make it easier and faster for corporations to enforce their intellectual property rights around the world. In a blog posting on Tuesday<http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/09/01/improving-global-patents-think-locally-act-globally.aspx>, Microsoft's Deputy General Counsel Horacio Gutierrez said that a backlog of patent applications internationally was needed to tackle the 3.5 million pending patent applications around the world--including around 750,000 in the US. "In today's world of universal connectivity, global business and collaborative innovation, it is time for a world patent that is derived from a single patent application, examined and prosecuted by a single examining authority and litigated before a single judicial body," said Guiterrez. "A harmonized, global patent system would resolve many of the criticisms leveled at national patent systems over unmanageable backlogs and interminable pendency periods." Guiterrez went on to praise efforts to harmonize international patent systems through projects such ad the Patent Prosecution Highway and the "IP5" partnership but said more needed to be done to allow corporations to protect their intellectual property. "By facing the challenges, realizing a vision, overcoming political barriers, and removing procedural obstacles we can build a global patent system that will promote innovation, enrich public knowledge, encourage competition and drive economic growth and employment," he added. "The time is now--the solutions are in reach." Microsoft's calls to speed up the issuing of patents come shortly after the company was prosecuted in Texas for patent infringement concerning its Word application. In August, US District Court for the Eastern District of Texas issued a permanent injunction<http://news.cnet.com/8301-13860_3-10318263-56.html>that "prohibits Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML", according to a statement released by attorneys for the plaintiff, i4i. Commenting on Microsoft's appeal of the ruling late last month. i4i chairman Loudon Owen told ZDNet UK's sister site, CNET News<http://news.cnet.com/8301-13860_3-10308374-56.html>, that the software giant's attitude was "extraordinary." "It captures the hostile attitude of Microsoft toward inventors who dare to enforce patents against them," Owen said. "It is also blatantly derogatory about the court system." Microsoft's stance on stronger software patents has attracted opposition from the open-source community and other antipatent campaigners. The founder of the GNU Linux project Richard Stallman, recently warned<http://news.cnet.com/8301-1009_3-10276101-83.html>against the use of Mono software tools as they exposed users to potential patent violation accusations from Microsoft. In an article published by the Free Software Foundation, Stallman said that "only fools would ignore" the threat poised by Microsoft's patents. The UK Pirate Party, which was registered by the electoral commission last month, is also opposed to the current patent system--especially in the area of health care--and has put reform of the process at the center of its campaign <http://news.cnet.com/8301-1023_3-10309960-93.html> for the next election. "Monopolies maintained by companies producing life-saving drugs mean people are dying, as they can't afford (treatment)," the party's leader Andrew Robinson told ZDNet UK last month. Microsoft's backing for greater cooperation on the issue has the backing of other organizations. The World Intellectual Property Organization is planning to hold a conference on global enforcement of intellectual property rights in Geneva on the 17th and 18th of September. "IP systems need to keep pace with globalizing trends in innovation and business practices," the organization said in a statement. "The symposium offers stakeholders an opportunity to explore how existing highly diverse national and regional IP infrastructures can be developed to support the dynamics of innovation which is increasingly transnational and borderless." FSF Europe and the UK Pirate Party were approached for comment but did not reply in time for this story. *Andrew Donoghue of ZDNet UK <http://news.zdnet.co.uk/> reported from London.* *Extraído de:* http://news.cnet.com/8301-1001_3-10334285-92.html?part=rss&subj=news&tag=254... Improving Global Patents: Think Locally, Act Globally Posted by *Horacio Gutierrez* Corporate Vice President and Deputy General Counsel [image: United States Patent and Trademark Office]In early August, David Kappos <http://www.uspto.gov/biographies/bio_kappos.htm> was confirmed by the U.S. Senate as Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office <http://www.uspto.gov/>. We congratulate Dave on his new position and offer our full support in tackling the challenges ahead – not the least of which is to bring the patent system into the 21st Century. As Dave knows well from his many years of experience in the U.S. and abroad, when faced with huge challenges, unique opportunities arise. Big challenges certainly confront the global patent system: Escalating patent application backlogs; lengthening pendency periods; increasing costs of patent prosecution; dubious patent quality due to the global explosion of prior art and the time allowed to examine applications; and examination inefficiency due to duplication of work by multiple offices. But these challenges also present unprecedented opportunity. One of the biggest is the opportunity to advance patent harmonization. Global patent harmonization is not just wishful thinking about an ideal patent system. Rather, it is a necessity if national patent authorities are to overcome the substantial difficulties they face. Over 3.5 million patent applications are pending around the world, including over 750,000 in the U.S. Pendency periods are extending to three, four or in some case five years before final patents are issued. The cost of this workload to patent applicants and patent offices is too high, and the delays in securing patents are too long for entrepreneurs and large enterprises alike. In today’s world of universal connectivity, global business and collaborative innovation, it is time for a world patent that is derived from a single patent application, examined and prosecuted by a single examining authority and litigated before a single judicial body. A harmonized, global patent system would resolve many of the criticisms leveled at national patent systems over unmanageable backlogs and interminable pendency periods. To increase efficiency and enhance patent quality, patent offices also need to leverage collaboration and work sharing opportunities. As I blogged previously<http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/06/19/global-challenges-await-new-patent-office-director.aspx>, national patent offices should be commended for their early efforts at work sharing through projects such as the Patent Prosecution Highway and the "IP5" partnership <http://www.epo.org/topics/news/2008/20081114.html>. The logical next step is to accelerate the work underway to align patent approval procedures and application formats, including a common digital application, and to collaboratively set standards for patentable subject matter, adequacy of disclosure and enablement requirements, and the completeness of the examination record. Bold action is needed. Stringent criteria must be established and clearly understood so patent search and examination results can be accepted by patent authorities around the world. By facing the challenges, realizing a vision, overcoming political barriers, and removing procedural obstacles we can build a global patent system that will promote innovation, enrich public knowledge, encourage competition and drive economic growth and employment. The time is now – the solutions are in reach. * Extraído de:* http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/09/01/improving... -- * Visto en:* http://www.alcancelibre.org/article.php/20090902174552451 José Ignacio (Nacho) Pedrini, DuxJP. Free Software activist. Free Culture activist. Pirate Party (Piratpartiet) activist. Perfil, www.google.com/profiles/duxjipd