This is not true. Prior art is a completely separate issue from first-to-file vs first-to-invent, since it refers to what is public knowledge about a claimed invention. Prior art, whether patent or non-patent, always invalidates a patent regardless of the system.(Unfortunately, in some jurisdictions patent offices do not perform substantive prior art searches before granting patents, instead leaving it to the courts to decide whether a patent is valid... this is yet another issue.)
Actually first-to-file makes it *easier* to invalidate patents based on prior art, because the priority date of the patent is the filing date, which is later than the putative invention date.
First to File would make it easier to bust bad patents
First to File would make it easier to bust bad patents by setting the priority date of the patent to the date of filing, rather than the (earlier) putative date of invention. This would make it easier to bust bad patents with prior art.
The ECJ is allowed to think for itself. The EP can ask questions as guidance, but the ECJ isn't limited answering those questions that have been asked of it...
The UK example wasn't an analogy, but an actual example of a European Parliamentary party delegation defying its national party leader, just to show that it can and does happen. I do know that the analogy with the US state governor/Congress is imperfect [e.g. the state governor is not the state party leader; national parties in EU states are separate orgnisations that affiliate to European parties, as opposed to being federal orgnisations in the US]. And yes, some national parties in the European Parliament may have a stronger tendency than others to defer to the party leadership (the UK Labour Party tends to do this, often causing ructures with its European party group).
Note that the prime minister cannot (officially) "instruct" MEPs from his party to vote a particular way: it is a separate institution from the government, with whipping determined by the transnational party groups. It's a similar relationship to that between a state governor and the US House of Representatives. He can state how he would like his party's MEPs to vote, and can certainly put strong pressure on them, but he cannot tell them how to vote. Last year UK Conservative MEPs defied their party leader (and Prime Minister) in a vote on EU climate change policy, so it isn't a certainty that MEPs vote the way their national party leadership would like them to.
The European Commission is not elected, and so is immune to public outrage. Also it was the European Commission that negotiated ACTA for the EU, so one would expect the Commission to continue to support it. However, the European Parliament is directly elected, and will have to take account of public anger.
In Betamax the Supreme Court did not say that Fair Use was a constitutional right. It said that recording from the TV constituted Fair Use under existing US law.
ACTA is in the hands of parliament in the EU... same is not true elsewhere
One reason the EU hasn't signed yet, and why it may be possible to get the EU to reject ACTA, is that in the EU, any treaty actually has to be approved by parliament before being signed. In most other countries that were involved in negotiation, it appears that signing was by executive fiat: the relevant government minister has the authority to sign with no need for approval by the legislature. Since the EU Parliament got this power (quite recently, via the Lisbon Treaty), it has actually vetoed one treaty (the original EU-US SWIFT transfer agreement, which consequently had to be rewritten). The EU is almost the only place where there is some democratic scrutiny over the signing of treaties, and thus where the people do actually have some influence over the politicians who will make the decision whether or not to sign. [This is also true of Mexico, where the legislature unanimously rejected ACTA a few months ago, which is probably why Mexico hasn't signed... it may well be true of Switzerland also.]
Re: Isn't cash good for all debts public and private?
For "legal tender" to kick in, there has to be a pre-existing debt. It doesn't mean that merchants are obliged to enter into a transaction; a merchant can refuse a sale for whatever reason they want. This law bans anyone from entering into a transaction involving sale of secondhand goods if the payment method is cash: if cash is used, then the transaction is null & void. In this case, there is no debt. IANAL.
It's not that surprising. The Greens in the EU have for quite some time been in the vanguard of IP-sanity; certainly in 2003 when they led the opposition to software patents. And the Pirate Party MEPs belong to the Green bloc. But it is a good statement of position, and hopefully will help move others towards this position.
The traditional left-wing (which in Europe means really left-wing, not vaguely social-democratic which is as far left as it's possible for a mainstream politician to be in the US) bloc in the European Parliament also generally supports balanced IP laws. The (centrist) liberal and mainstream centre-left groups are split, while the right-of-centre groups tend to support maximalism.
Obama is no socialist. If you want to see real socialism, look at the main left-wing parties in most of Europe. Obama, like most so-called "left-wing" Democrats in the US, would be a centrist conservative in the EU, and would feel right at home in, say, the centre-right CDU party of Germany.
the European Court of Justice was not involved in copyright term extension, which was an initiative of the European Commission, supported by the European Council and European Parliament. The ECJ is a judicial authority, as its name suggests, not the executive or legislature. They are separate bodies.
wrong, prior art can be anything that's been published, anywhere in the world, and in any language. It does not have to have been published in a patent.
I'm pretty sure that the extradition treaty between the UK and US, for all its faults, does at least respect the "dual criminality" principle (extradition is only allowed for something that is a crime under UK law). Therefore, Mr O'Dwyer should walk. If what he's accused of is not a crime under UK law, then extradition cannot happen. End of story. Since the matter of his extradition has not yet been considered in a UK court, it's a bit premature to say that the UK is "merrily going along with" the US request. Even under the lax requirements for extradition from the UK to the US, this is likely to be laughed out of court. That said, it is deeply troubling that the US is even trying to extradite him.
@Catherine: But they supported Written Declaration 12, and overwhelmingly for transparency in March http://keionline.org/node/801
So do not assume that the battle is lost just because MEPs voted for the Dark Side in the most recent vote. They do not vote consistently, it depends who's lobbying them most. For the Gallo report, they were heavily lobbied by Big IP, and the opposition didn't get organized until a few days before the vote. The lesson is to keep lobbying MEPs.
On the post: Is A 'Patent First, Develop Second' Approach Promoting The Progress?
Re:
Actually first-to-file makes it *easier* to invalidate patents based on prior art, because the priority date of the patent is the filing date, which is later than the putative invention date.
On the post: Patent Office Seeking Comments On How To Implement A 'First To File' Regime Instead Of 'First To Invent'
Re:
On the post: Patent Office Seeking Comments On How To Implement A 'First To File' Regime Instead Of 'First To Invent'
First to File would make it easier to bust bad patents
On the post: European Commission Blames Social Networks For ACTA Failure; Worried About Its Imminent Directive On Copyright Enforcement
Re: Re: They're not giving up on it yet
On the post: How The US Trade Rep Is Trying To Wipe Out Used Goods Sales With Secretive TPP Agreement
Re:
On the post: EU Member Bulgaria Halts ACTA, Minister Of Economy Offers Resignation
Re: Re: Separation of powers
On the post: EU Member Bulgaria Halts ACTA, Minister Of Economy Offers Resignation
Re: Muahahaha >:D
On the post: EU Member Bulgaria Halts ACTA, Minister Of Economy Offers Resignation
Separation of powers
On the post: Mass Protests Against ACTA All Across Europe
Re: Re:
On the post: The Real Goal Of Regulating Buffer Copies? So Hollywood Can Put A Tollbooth On Innovation
Re: First Amendment
On the post: What Is ACTA And Why Is It A Problem?
ACTA is in the hands of parliament in the EU... same is not true elsewhere
On the post: Louisiana Makes It Illegal To Use Cash For Secondhand Sales
Re: Isn't cash good for all debts public and private?
On the post: Here's A Surprise: EU Green Party Adopts The Pirate Party's Position On Copyright
The traditional left-wing (which in Europe means really left-wing, not vaguely social-democratic which is as far left as it's possible for a mainstream politician to be in the US) bloc in the European Parliament also generally supports balanced IP laws. The (centrist) liberal and mainstream centre-left groups are split, while the right-of-centre groups tend to support maximalism.
On the post: Brazil Drafts An 'Anti-ACTA': A Civil Rights-Based Framework For The Internet
Obama a socialist?
On the post: Is Creating The Same Software Feature Copyright Infringement?
Re:
On the post: Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced
Prior art need not be in a patent
On the post: Why Is The Justice Department Pretending US Copyright Laws Apply In The UK?
Dual Criminality still applies
On the post: How Important Is It To Preserve Our Digital Heritage?
Re: Re: This is Already Happening in our Personal Lives
Or, you can buy a USB floppy drive.
On the post: Dating Site's Plans To Create Profiles By Scraping Social Networks: Publicity Stunt Or Just Dumb?
No it isn't. Its main use is for contacting people one already knows.
On the post: EU Parliament Members Not At All Happy About ACTA
http://keionline.org/node/801
So do not assume that the battle is lost just because MEPs voted for the Dark Side in the most recent vote. They do not vote consistently, it depends who's lobbying them most. For the Gallo report, they were heavily lobbied by Big IP, and the opposition didn't get organized until a few days before the vote. The lesson is to keep lobbying MEPs.
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