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On December 18th 2011, the Member States of the European Union have signed the ACTA (Anti-Counterfeiting Trade Agreement). This signature was a mandatory step towards the adoption of the agreement, but the game is not over: a vote by the European Parliament is necessary for the ratification of the agreement.

Brussels, Tuesday December 20th, 2011. Press release.

Members of the Committee on Legal Affairs (JURI) of the European Parliament have given a rubber stamp1 on an agreement, negotiated behind close doors2 with the Council, about the introduction of a unitary patent and a unified patent jurisdiction. Unfortunately, today's vote has failed to address major legal issues surrounding this project, which are likely to make the regulation voided by the Court of Justice of the European Union (CJEU). Moreover, the architecture of the unitary patent as voted today betrays the withdrawal from European Union (EU) legislators in deciding about EU policy on innovation for the profit of the European Patent Office, a self-governed non-EU agency, which is notably known to favour software patents against the letter and the spirit of European Patent Law.

• 1. Detailed result of the vote is available on https://www.unitary-patent.eu/content/amendments-juri-committee.
• 2. See “Unitary Patent: the debate will go on in secret”: http://www.april.org/en/unitary-patent-debate-will-go-secret.

On November 22nd, 2011, the Legal Affairs Committee of the European Parliament voted for a mandate, allowing the rapporteurs on the proposal for a unitary patent to pursue negotiations with the Commission and the Council behind closed doors, without any involvement from the rest of the Members of Parliament or any reporting to citizens.

April celebrates the Document Freedom Day and stresses the importance of truly open formats for digital documents. These formats allow citizens, consumers, governments and companies to use software of their choice while maintaining long term control over their documents and data.

The unitary patent is coming hot upon us this fall, with the European Parliament vote on a regulation.

On March 10th 2011, the Commission and the Council of the European Union rejoiced in a press release about the decision taken in the morning by the Council, to authorize "an enhanced cooperation among Member States for the creation of a unitary patent title". But these fine statements were shattered by the next press conference: questions from a couple of reporters regarding a decision from the Court of Justice of the European Union on the very same subject embarrassed, at the very least, Commissioner Barnier. The deciphering of this Council meeting gives us the opportunity to explain this complex but essential issue in the fight against software patents, in which April is engaged.

At the beginning of April, 2011, the European Commission confirmed it was negotiating with Microsoft to purchase licenses for the operating systems of 36.000 workstations, without any public tendering. April regrets a missed chance to improve the diversification of IT suppliers and to limit the lock-in in a given technology, though these principles were called for by the Commission itself.

April publishes a catalogue on Free Software called "Free Catalogue: 26 free software to be discovered". The stake of this guide is twofold. On the one hand, it introduces free software corresponding to everyday uses of the computer, for example: "play a video" in reference to the famous VLC media player. On the other hand, the catalogue was written in a perspective of promotion, its content is enhanced with series of texts, detailing the stakes related to free software and other pertaining subjects.

On March 8th 2011, the Court of Justice of the European Union (CJEU) published its opinion on the compliance of the Patent Court (PC) draft agreement with European Union (EU) Treaties. This opinion was long-awaited for: the setting up of an unified jurisdiction is a pillar of the unitary patent currently discussed in Brussels. As April expected, the CJEU curtly axed the project, underlining its incompatibility with the EU basic principles.

On Tuesday, February 15th, 2011, the European Parliament voted in favour of an enhanced cooperation on the unitary patent. April regrets a hasty decision-making process, taking place while the real issues have not been dealt with during the debates.

In addition to an open letter1 sent to all Members of European Parliament2, April publishes a rationale to explain why European Parliament should postpone its vote to accept or reject an enhanced cooperation with regard to the unitary patent3 until the European Court of Justice (ECJ) has released its opinion.

• 1. http://www.april.org/dangers-du-brevet-unitaire-en-europe-lapril-publie-...
• 2. The letter was first signed by April, End of Software Patents (a Free Software Fundation, FSF's initiative) and the Foundation for a Free Internet Infrastructure (FFII), then three Polish organizations have joind: Internet Society (ISOC) Poland, Polish Processing Information Society (PTI) and Fundacja Wolnego i Otwartego Oprogramowania (FWiOO).
• 3. http://www.april.org/en/european-parliament-should-postpone-enhanced-coo...

Paris, December 20th, 2010. Press release.

The European Commission released on December 16th, 2010 its communication relative to its "Interoperability Strategy and Framework for public services". This document is carrying on an unacceptable reversal on interoperability issues, and ratifies the disappearance of open standards, which were already threatened by the Digital Agenda for Europe.

The latest version of ACTA, the “anti-counterfeiting” trade agreement, has just been published. These secret negotiations have produced a set of unacceptable measures. April is therefore calling for France and Europe to walk away from these inside arrangements which are perverting the very fabric of democracy and of our freedoms.