HC Deb 21 January 1991 vol 184 cc26-7W
Miss Emma Nicholson

To ask the Secretary of State for Trade and Industry what is his Department's policy towards competition in computer software from functionally similar but non-infringing programmes.

Mr. Leigh

The Government wish to encourage competition in the market in computer programs and the move to open systems. At the same time, we wish to encourage innovation and investment in research and development in this field and this requires a proper level of intellectual property protection. The market in the United Kingdom is both innovative and competitive and is evidence that our law provides a balance, giving strong protection without stifling competition. This balance is also to be seen in the directive on the legal protection of computer programs.

Miss Emma Nicholson

To ask the Secretary of State for Trade and Industry (1) what representations he has received from British and European computer users over the purpose of his Department's late amendment to the EC draft directive on the subject of software copyright;

(2) what representations he has received from computer manufacturers regarding the EC draft directive on software copyright; and if he will make a statement;

(3) what representations he has received from British and European computer users over his Department's position regarding the draft EC directive on the legal protection of computer programs;

(4) what technical advice and consultation his Department has drawn on, particularly with regard to open systems and the views of computer users, prior to determining their position on the draft EC directive on software copyright;

(5) what representations he has received from the United States concerning software copyright protection.

Mr. Leigh

Throughout the period leading up to the agreement on a common position on the draft directive on the legal protection of computer programs, my Department received numerous representations from hardware manufacturers, software producers, users and others. These were principally from the United Kingdom, but also from other Community countries and the United States, and covered legal, technical and economic aspects of the issue. Representations were also made by the United States Government. In addition to a large number of individual meetings with interest groups and organisations, my Department held regular consultation and information meetings to which all the various interests involved were invited.

Miss Emma Nicholson

To ask the Secretary of State for Trade and Industry what is his policy on the extension of patent protection to software.

Mr. Leigh

Under the present law, the primary protection for computer software is copyright. The Patents Act 1977 excludes computer programs per se from patenting, but an invention concerning an apparatus or method in which a novel and non-obvious computer program is applied in the achievement of a new technical result is patentable. I have no plans to change the law, which accords with the European patent convention.