Article 27.2) Trips Agreement

This argument has been used by some opponents[5] of software patents to assert that software patents are not authorized by the TRIPS agreement. [6] TRIPS manuals do not see any conflict, z.B. notes Correa-Yusuf[7] that software patents complement copyright because copyright does not protect the underlying ideas. There has been no procedure for resolving software patent disputes. Its relevance to patentability in areas such as computer-implemented business methods, computer science and software information technology remains uncertain, as the TRIPS agreement is interpreted as all legal texts [4]. Subject to paragraph 1 of Article 37, members consider that the following acts are considered illegal if they are carried out without the permission of the right holder: 9) the importation, sale or distribution of a protected layout design, an integrated circuit in which a protected layout design is incorporated or an article containing such an integrated circuit , only to the extent that it continues to contain an illegitimately reproduced layout design. 1. Notwithstanding Article 36, no member considers it illegal to perform any of the acts covered in this article concerning an integrated circuit containing an illegally reproduced layout design or an object containing such an integrated circuit when the person performing or ordering such acts, when acquiring the integrated circuit or an item containing such an integrated circuit , had no reasonable reason to know that it installed a layout design reproduced illegitimately. Members anticipate that after that person has been sufficiently informed that the design of the layout has been reproduced illegally, that person may perform one of the acts relating to the stock used or ordered before that date, but must pay the right holder an amount corresponding to an appropriate licence, as it should be paid under a freely negotiated license for such a layout design. In accordance with Article 10, paragraph 1, of the TRIPS agreement, a computer program is a type of work that can be protected by copyright: 3. Notwithstanding paragraphs 1 and 2, a member may expect the protection to expire 15 years after the design of the layout is created. Although paragraphs 2 and 3 of Article 27 members do not mention it as an exception, “pure software” is not considered an invention by European law. [1] States parties to the TRIPS agreement, i.e.

WTO member states, have decided that patents should be issued indiscriminately in all areas of technology (Article 27, paragraph 1, TRIPS[2]). Paul Hartnack, a former general at the UK Patent Office, says it is doubtful whether pure software is a technology or in many cases industrial software. It argues that its acceptance as such under European jurisdiction would be a political issue based on economic interests. [1] g) The authorization of such use may be waived, subject to adequate protection of the legitimate interests of the persons thus authorized, if and if the circumstances that led to it no longer exist and are likely to no longer recur.