Our growing innovative software industry has been dealt a cruel blow 
which will compromise and stifle its potential, says Clare Curran, 
Labour’s communications and IT spokesperson.
The National Government’s decision to open the door to the patenting 
of computer software winds back a simple but vital change to our little 
known patent law, which has undergone its first review since 1953.
Craig Foss’s decision is a major back-down on the stance taken by the
 previous Commerce Minister Simon Power to back the unanimous decision 
of the Commerce Select Committee, following clear advice from officials.
The Patents Bill proposed to exclude computer software from being 
patentable, because like books, movies or music, it can be protected 
under copyright law. This was a ground-breaking position which has been 
generally applauded by the burgeoning New Zealand ICT sector.
The Select Committee accepted that new software inventions are 
regularly built on existing software, and that software patents were 
often granted for “trivial or existing techniques.”
The Committee found that using intellectual property in a fair and 
reasonable manner would promote Kiwi innovation and build advanced 
industries.
“The last minute amendment by the Government so that software “as 
such” can’t be patented, but inventions that include software can be, 
opens the door to widespread patenting of software.  The Minister has 
caved in to pressure from big corporations which fear competition from 
smaller players.
“That’s a slap in the face to the local industry, and many innovative
 Kiwi software firms will now face real challenges to develop new 
software.
“The Minister should have stuck to his predecessor’s plan to get the 
Intellectual Property Office to develop guidelines for inventions that 
involves ‘embedded software’, or software that is built into a physical 
device.  That would have been a reasonable solution which would have 
promoted innovation in one of New Zealand’s emerging industries.
“Labour’s policy is to enact and implement the Patent Bill excluding 
computer software. That will give our software innovators the best 
chance to succeed,” says Clare Curran.
Source New Zealand Labour Party released under Creative Commons licence CC BY ND NZ
No comments:
Post a Comment