[Fsf-friends] Patents and India

Ramanraj K ramanraj@md4.vsnl.net.in
Tue Nov 9 04:41:33 IST 2004


Rajeev J Sebastian wrote:

  > What is FSF and the free software/linux user groups in India
 > doing about getting rid of software patents in India ?

Software per se, is not a patentable invention in India.

 > And what is the impact
 > on India wrt global patent regimes like WIPO ? Does India have 
clauses in its
 > agreement with the global patents organizations such that software 
patent
 > rights cannot be exercised in India ?

AFAIK, so far, the WIPO treaties provide copyrights for software, and
patents for inventions.  IMHO, in some other countries, patent
procedures are often abused as though software is patentable which won't
stand close judicial scrutiny.  Computer programs cannot be treated as
inventions, any more than poems can be treated as inventions, and the
notion of "software patent right" is mere nonsense.  As such, there is
no need for the kind of clauses you expect.

The free software movement has brought in scientific renaissance, and
there is a good possibility that WIPO may become WIWO, and shape the law
to reflect the true spirit of science and human co-operation.

 > What are the recommendations given and actions taken, by FSF-India 
regarding
 > the new Royalty-free license agreement of Microsoft for Internel 
protocols ?

Please point links to the "Royalty-free license agreement".

Generally, free software movement is open to all, including Microsoft :)

Regards,
Ramanraj.








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