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24 August 2022

Kilburn & Strode

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We're taking you on a journey through the history ofsoftware patents in Europe, through the lens of pop culture. Byzooming out and looking at the big picture of what the EPO hastaught us over the years, we'll be building up a clear visionon what you need to do to improve the success of your softwarepatents at the EPO. At each step along the way through history,we're stopping to see a case where the EPO redefined the lawin a way that is still applied today.

In Part I to Part IV of our journey, we've seen the EPOset out the foundational principles of how software patents aredealt with in Europe. Next, we'll build upon Part V:Cheating your way to the finish line to discover how the EPOreally cares about the purpose of your invention.

Our story now takes us to 2006, the year Silicon Valley darlingsFacebook, Twitter and YouTube were born (do you remember lifebefore them?), but we're not here to talk about them.Instead, we want to take you back to think PINK in2006.We're not talking about the American singer, eventhough her 2006 album I'm not dead was somewhatof a comeback for her. We're also not here to talk aboutSteve Martin's appalling resurrection of Peter Sellers'classic 60s film the Pink Panther. In fact, are we even allowed tomention a film that scores less than 25% on Rotten Tomatoes?We're also not even talking about Millennial Pink remember that? Well that term wasn't even coined for another8 years. No, we're here to get technical and talk about pinknoise.

What's pink noise you ask? And why was it significant in2006? Let's start with the second of those two questionsfirst.

In 2006, the EPO issued the Infineon decision, which dealt withthe question of the patentability of simulations the sameissue dealt with in the 2021 Enlarged Board of Appeal decision(G1/19). The case comes from the issue that when you'resimulating a technical process then arguably nothing technical ishappening as it is all the hypothetical simulation of reality.However, the result of a simulation is that you can make betterdrugs, improve performance of engines and better understand theimpact of a chemical process. So, at the time there weresuggestions that even though the simulation itself might not betechnical or produce a further technical effect, the fact that thesimulation takes place positively impacts something that is thendone in the real world. In other words, there is a resultanttechnical advantage to the simulation.

In the Infineon decision the EPO agreed. The EPO concluded thatsoftware inventions must have a technical purpose. The purpose ofthe simulation mattered. For example, according to the EPO,software for controlling a braking system is technical, whilstsimulating a financial transaction is not.

So let's go back to the first question what ispink noise? Pink noise, or 1/f noise, is a signal or process with afrequency spectrum such that the power spectral density isinversely proportional to the frequency of the signal. Still withme? Well, even if you're not, what was significant in theInfineon case was that the invention related to simulation of anelectronic circuit in relation to 1/f, or pink, noise. It was foundthat simulating test circuits, instead of testing on real circuits,significantly reduced the number of circuits that needed to beproduced, tested and ultimately wasted. Since the simulation was ofan electronic circuit it was deemed to have a technical purpose.Therefore it was not excluded from patentability under the EPC.

The Infineon case therefore taught us more about what Vicomfirst laid out back in 1986 that inventions were notexcluded if they are technical. Furthermore, as thesimulation was purely software, we then saw the application of theIBM case's further technical effect. Inparticular, the software, which was loaded onto a computer,provided for improved automatic simulation and evaluation ofnoise-affected circuits. It is nice seeing the law convergingin this way to a logical result.

In practice, the result of Infineon is that inventions in fieldswhere there is arguably not a technical purpose for the inventioncan be very difficult to protect at the EPO. Spoiler alert this general principle has now been confirmed at the highest levelin the 2021 Enlarged Board of Appeal decision (G1/19). Sadly,examiners can quickly point at the related section of theEPO's Guidelines to kill off a case early. Hence, care needsto be taken when drafting to ensure the invention is framed with aclear technical purpose, not simply with technical advantagesassociated with the software-implemented process.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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The European Unionwill never recognise the illegal annexation of Crimea and Sevastopol by the Russian Federation, European Commission President Ursula von der Leyen yesterday told theonline Summit of theCrimea Platform.

She said the annexation of Crimea in 2014marked the beginning of Putins deplorable attempt to deny Ukraine its freedom, and thatCrimea hassince then been used,not only as a Russian military base, but also as a testing ground for the brutal methods Russia is now applying across the other occupied parts of Ukraine.

We are deeply concerned about the human rights violations in the Crimean peninsula. The disappearances, the torture, the killings. The persecution of Crimean Tartars. The intimidation and incarceration of journalists, lawyers and human rights defenders,the European Commission President said, adding,the European Union will continue to stand with Ukraine for as long as it takes.

Addressing the same meeting, European Council President Charles Michel saidRussia hadsince February been usingCrimea as a strategic springboard to invade other parts of Ukraine from the south and to attack Ukraine with indiscriminate missile strikes. Russia is also using the peninsula as a transit point to deport Ukrainian citizens to infamous filtration camps, where acts of torture and abuse have been reported, he added.

The EU is right by your side in these dramatic times, and we will stay there for as long as it takes. I call on all countries around the world to clearly condemn Russias illegal actions. Ukraines full territorial integrity, within its internationally recognised borders, must be restored. Crimea is Ukraine,said Michel.

Find out more

Ursula von der Leyen speech

Charles Michel speech

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EU will never recognise illegal annexation of Crimea - EU NEIGHBOURS east - euneighbourseast.eu

Six months on from the start of Russia's invasion of Ukraine, should Russians be barred from vacationing in the EU? Lawmakers from Germany's conservative opposition certainly think so. In an interview with German tabloid Bild on Monday, Andrea Lindholz, of the Bavarian Christian Social Union (CSU), called for Russians to stop receiving holiday visas.However, Chancellor Olaf Scholz and members of his governing three-party coalitionhave so far rejected a universal ban on Russians tourists.

Some other EU governments have also been hesitant to back such a measure. The European Commission expects a visa ban would raise legal and humanitarian issues, especially for Russian dissidents.

Yet EU member states, primarily in the east, have nevertheless moved ahead and restricted visa access for Russians,and in some cases suspended short-term tourist visas. They are now urging other member states to follow suit and implement an EU-wide travel ban for Russian holidaymakers a request also made by Ukrainian President Volodymyr Zelenskyy.

Russian vacationers already face hurdles when visiting the bloc, as Russian aircraft are banned from entering EU airspaceand vice versa. Over the past six months, many have therefore traveled to nearby EU states like Finland, the Baltic states and Poland. Some EU states have already taken, or are currently contemplating, moves to end theseinflows of Russians.

Speaking to Estonian radio on Monday, Foreign Minister Urmas Reinsalu reiterated that "we must dramatically raise the cost for these aggressions before winter." The Estonian lawmaker called for a total boycott of Russian energy imports, further sanctions against certain Russian individualsand an EU-wide travel ban for ordinary Russians.

Estonia has already ceased issuing visas and residency permits to Russian nationals. As of last week, Russians may only enter the country if they possess a valid visa and currently reside in the country, or have relatives living there.

Ukraine's Volodymyr Zelenskyy (left) and Estonian Foreign Minister Urmas Reinsalu met in Kiyv earlier this month

Latvian authorities also favor an EU-wide ban on Russian tourists. Presently, Russians may only enter the country to attend the funeral of aclose relative.

Lithuania has largely stopped issuing visas to Russian nationals. Authorities support extending these restrictions to all EU states. Foreign Minister Gabrielius Landsbergis said this step is necessary because Russians can currently obtain a visa from any EU consulate and enter the bloc through member states bordering Russia.

Finland shares the longest land border with Russia out of all EU states. Russians arrive at it daily to get short-term EU visas. Finish authorities now want to limit the number of visas issued to tourists, even though Finnish law does not technically permit such a restriction, as Foreign Minister Pekka Haavisto recently said.

Instead, Finland plans to shorten the opening hours of visa offices starting in September,to substantially reduce the number of travel permits issued. Conversely, Finland aims to make it easier for Russians to enter the country for important reasons, such as work or family gatherings.

Shortly after Russia's invasion of Ukraine, Czech authorities stopped issuing visas to Russian and then Belarusian nationals. The country also supportslooking into an EU-wide decision on the matter. As it currently holds the rotating presidencyofthe Council of the European Union,the Czech Republic has the prerogative to put the topic at the top of the agenda at the upcoming EU summit later this month.

Will Russians, seen here near St. Petersburg, still be able to enjoy the EU's beaches in the near future?

The Polish government also wants the entire bloc to suspend tourist visas for Russian visitors. Authorities are expected to move ahead with national regulations in the coming weeks.

Denmark intends to limit visas for Russian at thenational level, yet also favors a coordinatedEU-wide approach. Integration Minister Kaare Dybvad Bek recently praised Estonia's suggestion for universal restrictions as "sensible." Presently, if just one EU state grants a Schengen visa to Russian visitors, theycan travel freely through the rest of bloc.

Dutch authorities stopped issuing short-term visas to Russians in April after Russia expelled several Dutch embassy workers. It nevertheless grants exceptions in urgent cases. Short-term visas can be obtained in case of "pressing humanitariangrounds." Long-term visas are excluded from the ban.

This article was originally published in German.

Correction, August 24, 2022: An earlier version of this article misspelled the name ofKaare Dybvad Bek. DW apologizes for the error.

Originally posted here:
Will the EU pull the plug on tourist visas for Russians? - DW (English)

There has been a recent rise of populism across the EU. What can the United States learn and how does this effect the future of Europe?Populism has been rising across Europe from Poland to France becoming more and more common. Elections and politics in general have begun to lose center right/left parties as populism continues increase.What does this mean for the future of the European Union that has had strong center parties since World War II? How is the United States effected by this shift? Join Professor Crombez as he explains how Europe has changed politically, what caused these changes, and what comes next.Are you a current student? Email the word caffeine and the title of this event to angelina@welcometomannys.com for a complementary ticketMannys never turns away anyone for lack of funds. To receive a complementary ticket just email the word grapefruit and the title of this event to darian@welcometomannys.com.About Christophe Crombez, Ph.D.:Christophe Crombez is a political economist who specializes in European Union (EU) politics and business-government relations in Europe. His research focuses on EU institutions and their impact on policies, EU institutional reform, lobbying, party politics, and parliamentary government.Crombez is Senior Research Scholar at The Europe Center at the Freeman Spogli Institute for International Studies at Stanford University (since 1999). He teaches Introduction to European Studies and The Future of the EU in Stanfords International Relations Program, and is responsible for the Minor in European Studies and the Undergraduate Internship Program in Europe.Furthermore, Crombez is Professor of Political Economy at the Faculty of Economics and Business at KU Leuven in Belgium (since 1994). His teaching responsibilities in Leuven include Political Business Strategy and Applied Game Theory. He is Vice-Chair for Research at the Department for Managerial Economics, Strategy and Innovation.Crombez has also held visiting positions at the following universities and research institutes: the Istituto Italiano di Scienze Umane, in Florence, Italy, in Spring 2008; the Department of Political Science at the University of Florence, Italy, in Spring 2004; the Department of Political Science at the University of Michigan, in Winter 2003; the Kellogg Graduate School of Management at Northwestern University, Illinois, in Spring 1998; the Department of Political Science at the University of Illinois at Urbana-Champaign in Summer 1998; the European University Institute in Florence, Italy, in Spring 1997; the University of Antwerp, Belgium, in Spring 1996; and Leti University in St. Petersburg, Russia, in Fall 1995.Crombez obtained a B.A. in Applied Economics, Finance, from KU Leuven in 1989, and a Ph.D. in Business, Political Economics, from Stanford University in 1994.

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Manny's: The Rise of Populism and the Future of the European Union - Mission Local

According to the foreign ministry, Iran received a response from the United States on Wednesday to its suggestions on the final European Union draftfor the renewal of the 2015 nuclear deal.

The declaration comes a day after Washington claimed that Iran had agreed to relax important conditions that had prevented the resumption of the 2015 agreement that former president Donald Trump had slammed.

One day before, Tehran had blasted the US for being reluctant to respond to its offers.

Tehran "received this evening via the (EU) coordinator, the response from the US government over the Islamic Republic of Iran's opinions on the outstanding issues in the negotiations to lift sanctions," Iranian foreign ministry spokesman Nasser Kanani said, as reported by AFP.

"The process of carefully reviewing the US opinions has begun, and the Islamic Republic of Iran will announce its opinion in this context to the coordinator after it completes its review," Kanani added, without providing further details.

Iran provided its suggestions last week over the final text that the EU, which has coordinated discussions in Vienna on renewing the treaty, sent on August 8.

Washington acknowledged that it had responded to Iran's offers following Tehran's statement.

In 2015, Iran and six major world powersBritain, China, France, Germany, Russia, and the United Statesagreed to a deal that lifted sanctions in return for limits on the Islamic Republic's nuclear programme.

The Joint Comprehensive Plan of Action (JCPOA), as the agreement is officially known, was created to stop Iran from creating a nuclear weapon, something it has always denied wanting to do.

The news from Iran comes as Israel, Iran's arch-enemy, has urged Western nations to put an end to negotiations to revive the pact and warned against the repercussions of doing so.

(with inputs from agencies)

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Iran received US response on final European Union draft for revival of 2015 nuclear deal - WION