IAM_50 Paginated - 1 23/09/2011 18:40 Page 4

Insight

It’s time for European IP owners to meet the pirate challenge head-on

The ’s stunning quorum by some narrow margin member states and the handed-out flyers than ever. success in a key German but obtained a sensational , a revised Unfortunately, the wind was election held in September surplus of up to 4 percent version of the former was not in our sails this time, as it sets IP owners in a points over the 5% hurdle… eventually adopted, but the was with the European challenge that they cannot I expect to see them in more latter never saw the light of day. elections.” In other words, afford to duck State Parliaments of other Events in , though, no-one was listening. For Bundesländer in the coming showed that not only was it European IP owners, so long years. And, like it or not, taking possible to mount successful on the defensive, it was music the history of the other German one-off campaigns, but also to the ears. Sunday 18th September could grassroots party, the Greens, as that there were votes to be won mark a red letter day for anti-IP a precedent, the Pirates might in elections where more than IP Balance of power activists in Europe: going to the well sit in the lower chamber was being debated. Very quickly But any thoughts that they may polls to elect a new government of the German pirate parties sprung up in have had about the pirate for their region, close to 9% of Parliament in 2017 if they miss other European countries too. challenge fading away have now voters in Berlin decided to back the 5% hurdle in the next What each of them sought been proved to be so much the Pirate Party, a grouping that general elections scheduled to tap into was the IP-sceptic wishful thinking. While the proclaims a deep antipathy for fall 2013.” zeitgeist that prompted the pirates will never be an election towards the current IP system opposition to the two European winning , should and calls for it to be radically The first breakthrough directives, as well as moves to that 9% Berlin vote be reworked. The support it The Pirate Party first burst onto tighten laws relating replicated nationwide in received meant that the party the scene in 2009 as a result of to the . Although each countries in which votes are secured 15 seats in the new its eye-catching performance in national Pirate Party advocates proportionally allocated (ie, regional parliament. To put that Sweden’s European differing levels of opposition to almost everywhere in Europe into context, the Free Democrat parliamentary elections. IP (the German one, for outside the UK) there is a Party, the junior partner in the Campaigning on a platform example, does not seek a ban on chance that its representatives ruling German coalition headed based on proposals for a all , just those relating to could end up forming part of by Angela Merkel, obtained just fundamental reform of the genes, biological material, national coalition governments. 2% of the votes and not a single copyright system – including software and business patents; If there is a temptation to see elected representative. making all non-commercial in Sweden, by contrast, the that as a far-fetched Although the Pirate Party copying and use completely party advocates “abolishing proposition, it is worth has enjoyed some electoral free, and actively encouraging patents outright”), they are remembering that the German success in in the past and p2p networking united in their vocal opposition , whose growth Axel – in the 2009 national election – and the abolition of patents – to the status quo and a desire for Horns believes may well be it won 845,904 votes, an overall which its manifesto described radical change. replicated by the pirates in the share of 2% – the Berlin result as ranging from the “morally However, as Europe found country, served in a national marks a turning point. For the repulsive” through the itself mired in economic coalition as a junior partner to first time ever in a major “seriously harmful” to the difficulties, so the appeal of the the Social Democrats between election, the party overcame the “merely pointless” – the party pirates began to wane. In the 1998 and 2005. While there 5% vote share threshold won over 7% of the national face of growing unemployment may be some debate as to just entitling it to representation; vote and secured two seats in and government austerity how far any Pirate Party in a crucially, this gives it a platform the European Parliament. programmes, what the pirates coalition can go in terms of and shows potential voters that Even before this electoral had to say began to seem reconstructing a country’s IP a cross by the party’s name can breakthrough, though, it was irrelevant. In last year’s Swedish system, its presence in be more than a wasted protest clear that there was a strong, general election, the party government is not likely to be vote. well-organised and effective received a mere 70,000 votes, helpful to those advocating Writing on the KSNH blog, anti-IP voice in Europe. That representing just 1% of the strong IP rights. which is based in Germany, much had become clear in electorate. It failed to obtain a Alternatively – and perhaps after the result became known, previous years during high- single parliamentary seat and more likely – more mainstream Axel Horns, a highly respected profile campaigns opposing EU its despondent leader declared: parties will feel the need to observer of the German IP directives on the protection of “The Swedish Pirate Party did modify their IP messages in scene, stated: “After the Berlin biotechnology and computer its best election campaign ever. chapter of the German Pirate implemented inventions. After We had more media, more Party not only got over the 5% initially beeing rejected by articles, more debates, more continued on page 8

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Insight

Pirate challenge continued from page 6

order to win back votes they have lost to the pirates, especially among the young. This is exactly what happened in Sweden, even before the European election in 2009. Both the Green Party and Party adopted more copyright- sceptic policies in the run-up to the general election in 2006 in order to attract potential Pirate that Prime Minster David However, that could easily Getting involved in Ideas Party voters. Both had been Cameron personally change. If mainstream Matter is a very public way for members of the previous left- commissioned in November politicians feel there are votes companies to show that they of-centre coalition government. 2010. Among other things, this to be had in being more IP- embrace IP; that they see it as What the Berlin result describes IP policy as: “An sceptic, then that’s exactly what an important asset and are shows above all else is that IP increasingly important tool for they will become. The only way committed to maximising its owners in Europe who thought stimulating economic growth.” to prevent this happening is to value. The more that make this they had finally managed to win In , the government has make sure you have the best statement, the more chance the battle of ideas with their just launched a fund. arguments on your side. The there is that decision makers opponents had better think In Germany, Angela Merkel, problem is that right now IP and opinion formers will heed again. People who are virulently a scientist by background, has owners in Europe do not have what they have to say. With opposed to the current IP been an advocate of a strong that many to hand. Instead, they companies large and small system, and believe the world patent system since she have relied far too much on the putting their names to a would be a better place if it did took office. people that matter just “getting campaign to promote the not exist, are still being heard In May, the leaders of it”. That is a dangerous benefits of IP, the message will and continue to have the Germany, the UK, France and approach – especially in light of be unequivocal: real companies potential to make electoral Italy put their signatures to a the pirates’ resurgence. that employ real people and waves. On their own, the Berlin statement released after the G8 generate real revenue need a results will not change much. summit which, among other Ideas Matter solid, reliable and predictable IP But if they signal the start of a things, carried these words: “We Some big IP owners clearly infrastructure in order to go Pirate Party breakthrough across agree on the necessity of a level understand this. Earlier this about their business. At a time Germany and other parts of playing field in the innovation year, Philips, DSM and when the economic outlook is Europe, they could change area, including a strong and Microsoft got together to fund a uncertain, to say the least, that absolutely everything. robust campaign entitled Ideas Matter. is powerful stuff. system as an incentive to Based on a multimedia website Up to now, the European IP Fighting back innovation and a catalyst for (www.ideasmatter.com) the industry in all its forms has So what can European IP owners growth… Renewing our support campaign promotes IP through been dreadful at explaining do? The good news is that not to the principles of the patent videos that tell the story of what it is all about and why IP all the continent’s politicians system, we attach great innovative and creative is important. Anything that can are IP sceptics. In fact, there is importance to its promotion companies that depend on IP; speak to policy makers, opinion every indication that many of and development… In addition details facts and figures that formers and the general public the EU’s big hitters are we note the importance of demonstrate the economic and about IP in an engaging, non- beginning to pay much greater enforcement in order to social benefits of IP; and technical and understandable heed to the pro-IP message. incentivise innovation and provides commentary from way stands a great chance of While the EU patent may protect innovation once well-known figures in politics, success. And that’s because IP still have its problems, 25 of the developed.” industry and elsewhere on the is important and does matter. In 27 member states of the EU are The economic and financial importance of IP. Rather than the past, nimble-footed, media- now moving quite rapidly to the woes of recent years in Europe just saying IP is important, it savvy groups in Europe have creation of a transnational right have led to a much greater focus shows why. What’s more, the proved adept at obscuring these – mainly because the issue has on issues such as creating jobs whole effort is being simple facts. It would be good finally caught the attention of and keeping businesses afloat. coordinated by leading digital to see that change. If it does leaders, as opposed to the junior Decision-makers have had to PR agency Waggener Edstrom. not, it may not be too long minsters and officials who used think much more deeply about In other words, this is not a before we see Pirate Party to handle the negotiations. In where growth and competitive cheap operation – real ministers sitting in the the UK, the government has advantage is going to come from resources are being invested. government of a European accepted the findings of a report in the future. As that has But, in the end, it will only work country. Can any IP owner view on the country’s IP laws and happened, they have begun to if others join Philips, DSM and that possibility with anything their effects on the economy see IP as part of the solution. Microsoft in supporting it. other than dread?

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