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Spitting in the wind

European Union ministers have backed a proposal to harmonize rules for patenting computer-related inventions that critics say could stifle software development.

Poland had become a loan voice of opposition to the draft bill, which it claims acts against the principles set out in the Lisbon Strategy that aims to increase economic growth, competitiveness and employment.

Poland's European Affairs Minister Jarosław Pietras said: "Poland has exhausted its possibilities of blocking alone the controversial project of computer programs patent directive.

"However Polish representatives will support any country which will stand against the directive. Should there be a vote, Poland will abstain from it, which is equivalent to a 'no' vote," Pietras added.

Though Poland was joined in its objection at the last minute by Portugal and Denmark, the EU Council of Ministers approved the measure without a vote.

The draft bill has sparked a heated debate over whether Europe should steer away from patenting computer programs or follow the US model of granting patents for Internet business models such as online bookseller Amazon's one-click shopping.

The decision by European ministers is seen as a boost for hi-tech companies that are seeking more legal clarity on patenting rules, such as Nokia or Alcatel, but it's a blow for smaller software firms that fear they could be pushed out of the market.

The draft bill needs the backing of the European Parliament to become law and could undergo substantive changes as many lawmakers are seeking to amend the bill to favor small firms. Internal Market Commissioner Charlie McCreevy, who is responsible for the dossier in the EU's executive, pledged to seek a compromise between lawmakers and member states to make sure the EU parliament does not reject the bill in its second reading.

"I will now engage constructively with both the European Parliament and the EU Council (of EU ministers) to reach a compromise," McCreevy said in a statement. (Reuters)

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