EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.12.17

German Barrier to the Unitary Patent (UPC) is Bound to Bring the Insidious Plans to a Halt

Posted in Europe, Patents at 3:09 pm by Dr. Roy Schestowitz

This isn’t how Team UPC predicted it would go down…

German and English UPC

Summary: With two of the largest economies in Europe unable to ratify the UPC (oopsie), doubts about the Unified Patent Court (UPC) grow and it’s not clear if it will ever become a reality at all (anywhere)

THE British general election was bound to cause a disaster to the UPC and it definitely was, as we explained yesterday. Now it’s Germany’s turn to deal a death blow, bearing in mind that Germany cannot press on without the UK (as the UPC in its current form is highly if not strictly dependent on the UK).

Some time ago we took note of Constitutional issues regarding the UPC, specifically but not only in Germany. Benjamin Henrion has in fact stressed this many times before. As for Germans, they don’t want the UPC; heck, many of them barely tolerate the EPO and days ago there was a protest against the EPO for granting patents on seeds (photos from the protest in Germany have just been uploaded).

“…British general election was bound to cause a disaster to the UPC and it definitely was, as we explained yesterday.”The latest development we first became aware of thanks to Eleonora Rosati, who wrote a couple of quick tweets [1, 2] linking to this report from Germany. “Major news,” it stated, “German Federal Constitutional Court stops Unitary Patent…”

“So I was right all along,” I told her, “wasn’t I? Unlike Bristows, the liars…”

She happens to write in the same blog as those liars (IP Kat), but she should not be held accountable for Bristows’ record of never-ending lies, including about Germany.

IP Kat tweeted about this and later on Mark Schweizer, whom we trust, wrote a quick blog post about it. Jane Mutimear quickly commented to say: “Our understanding is that this is an agreement by the Office of the President to suspend ratification pending the Court’s determination of the issue in the ongoing expedited proceedings before it. The Court has not yet reached a decision.”

“Now it’s Germany’s turn to deal a death blow, bearing in mind that Germany cannot press on without the UK (as the UPC in its current form is highly if not strictly dependent on the UK).”This is an important clarification and the subject of an ongoing conversation there. Here is Tom Mitcheson explaining [1, 2]: “Federal Constitutional Court (BVerfG) has asked Federal President not to pass the laws already approved by Bundestag and Bundesrat. Karlsruhe was advocated, because a hitherto unknown private person had brought constitutional complaint.”

Some EPO insiders told us about the seminal article, “BVerfG stoppt EU-Patent,” and others clarified the meaning: “Asked the president not to sign it yet – not quite stopped.”

Well, it’s certainly a barrier nonetheless and Battistelli is running out of time (see the latest report from Heise). “They cannot go ahead without the UK anyway,” I replied, “and it’s in shambles here.” (politically)

Henrion then weighed in and EPO insiders replied with: “Not yet, it’s postponed” (technically yes, but this could be a mortal blow).

“Some time ago we took note of Constitutional issues regarding the UPC, specifically but not only in Germany.”The outcome now depends on what we do about it, always in the face of many lies from the likes of Bristows and politicians they mislead so as to get papers mindlessly signed.

“They postponed the decision,” the insider continued, “but in the end they will not go on with it…”

“Yes,” I responded, “they are losing momentum. The morale games are being played cleverly by CIPA (now INSIDE IP Kat), Bristows etc.”

CIPA’s ‘infiltration’ into IP Kat is a subject we’ll cover separately, hopefully later tonight.

“The outcome now depends on what we do about it, always in the face of many lies from the likes of Bristows and politicians they mislead so as to get papers mindlessly signed.”Axel Horns wrote: “[In English] Tomorrow F.A.Z will run a report saying that German Constitutional Court may object to #UPC, asking Steinmeier not to sign…”

“Let’s wait and see if the FAZ tells us what the case is based on,” someone responded to him after had he reminded folks of Siegfried Broß’s opposition to the UPC: “Within this context, see also http://kluwerpatentblog.com/2017/05/25/rule-law-epo-ugly-writing-wall/?platform=hootsuite&print=pdf … #Bross #EPC”

Hendrik Wieduwilt ‏also mentioned the upcoming FAZ report: “EXKLUSIV: @BVerfG stoppt einheitliches EU-Patent; Karlsruhe hat BuPräsidenten gebeten, Gesetze nicht zu unterschreiben. Morgen in “FAZ”.”

“Anyone in Germany can file such a complaint — a move that we strongly encourage.”Not even Dr. Luke McDonagh‏ overlooked such a major event.

“I guess Ingve filed a constitutional complaint,” Henrion privately told me, adding that he is “looking to file one as well…”

Anyone in Germany can file such a complaint — a move that we strongly encourage. It’s easier for German residents to do so.

EPO staff whom we heard from is generally happy about the news. They know that the demise of the UPC may mean the exit of Battistelli and reversal of at least some of his controversial proposals, which clearly contravene the EPC.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. I Would Have Supported the Coup (Under Very Different Circumstances)

    Richard Stallman's (rms) ordeals are showing us how not to deal with a founder; this is how power transition could be done instead, according to figosdev



  2. It Looks Like Red Hat's (IBM) Fedora Project May be 'Outsourced' to Amazon's Datacentres

    In "seeking a more modern and cost effective location" for Fedora Infrastructure it seems to have been decided, privately, that Amazon (AWS) would be the new home of this project; but there's sufficient obfuscation surrounding the matter and many people seem to be totally unaware



  3. IRC Proceedings: Saturday, August 08, 2020

    IRC logs for Saturday, August 08, 2020



  4. Fearmongering Was Originally an IBM Thing, Not a Microsoft Thing

    Microsoft made FUD famous, but it was actually IBM’s practice that made it commonplace in the first place (the term or acronym was coined before Microsoft even mattered and on the same year Microsoft was founded)



  5. [Meme] People Get Fired for Being Bought by IBM (With a Crummy Severance Package)

    IBM used to proudly provide job security and one could have a job there for decades (career ladders and worker benefits of all sorts are what some people assess this when looking for an employer, e.g. whether they can progress, get promoted, stay onboard); by today’s standards only a month’s salary is exceptionally bad, especially when one gets fired without warning, but this is what IBM did to some Red Hat employees



  6. New FSF Video Makes the Case Against Microsoft GitHub (and Similar), So Why is the FSF's Board Being Filled Up With Active GitHub Users?

    The FSF makes a good point about “important values like autonomy, sharing, social responsibility, and collaboration” — the very things that are under attack by Microsoft’s GitHub, which is all about coercion and monopolistic control over developers



  7. Techrights is Not Against Microsoft

    It may be a suitable time to explain why Microsoft is mentioned so much and why it's not a fixation but a reactionary priority



  8. The THRIVE Guidelines

    "Nobody is perfect, and it's obvious that people already hold some to a more unreasonable interpretation of their standards than others."



  9. Links 8/8/2020: Mageia 8 Hits Beta and FSF Has New Video

    Links for the day



  10. [Meme/History] OpenPOWER or Just White POWER?

    Antiwar and anti-nukes activists cannot support those causes and support IBM at the same time, as the founder’s son (father received a medal from the Nazi Party) flew “an American heavy bomber” and enjoyed a track record of nepotism, propelling him to the top both in the military and at IBM



  11. Rebuilding Communities

    "First, we should talk about how our communities have regressed."



  12. [Meme] Microsoft in 2020: Liaising With Criminals to Make Crime the New Normal

    As the TikTok situation serves to show, Microsoft is little but a criminal cult that relies on other criminals to do Microsoft's biddings



  13. The Computer Anybody Can Edit

    "Without rebuilding and recompiling all of the packages on a large distribution, it is possible to "remaster" an ISO and get a different system -- even before you install it."



  14. Former Microsoft Employee on So-called 'Journalists' Being Blackmailed by Microsoft

    Mitchel Lewis, a former Microsoft employee, remarks on Mary Jo Foley being 'punished' by Microsoft for not mindlessly publishing Microsoft propaganda (we remarked on this before as she had spoken to me about this over a decade ago)



  15. IRC Proceedings: Friday, August 07, 2020

    IRC logs for Friday, August 07, 2020



  16. For the Want of a Pixel

    "It is still possible to win, but the FSF has practically left the field."



  17. Ubuntu and Fedora Project Serving Microsoft

    The Ubuntu 'community' as well as the 'community' component of Red Hat (IBM) don't view Microsoft as a rival; over a decade ago Mark Shuttleworth accused Microsoft of "extortion" and "racketeering" (his words), but now he's paid to change his tune



  18. (Don't Let's) Throw Caution to the Wind

    "As it will become crucial to explain, the effect of all this dancing around truth and reality was to transform a volunteer force primed to bring freedom to users into cheap labour for an industry that exploits everyone in it -- all the way to the very top of Open Source itself."



  19. Links 7/8/2020: Mesa 20.2 RC, Radeon Software for Linux 20.30

    Links for the day



  20. Computing Fundamentals

    "A graphical interface is better, for some things -- sometimes. But it will also put a lot more on our plates."



  21. IBM and the Bomb: Series Index (on 75th Anniversary of Atomic Bombs Being Dropped on Civilians)

    Today seems an apt time to remind readers that IBM participated in the creation of the only bombs ever to be dropped in a war (not tests) and this tradition carries on because IBM is still profiting from it, to this very day (countless billions made by IBM during the Cold War too)



  22. Freedom is Personal

    "Before I say anything else, note that there are literally hundreds of GNU/Linux distros, and I put in a lot of work to rate which were the least encumbered by corporate politics — directly or indirectly."



  23. Links 7/8/2020: Ubuntu 20.04.1 LTS and GNU C Library 2.32 Released

    Links for the day



  24. IRC Proceedings: Thursday, August 06, 2020

    IRC logs for Thursday, August 06, 2020



  25. Our Collective Privacy is Under Unprecedented Attacks and Privacy is Now Conflated With Bad Hygiene, Not Just Criminality

    At warp speed the "War on cash" or "War on anonymous transactions" is moving ahead; now that COVID-19 infects a lot of people we're led to assume that mass surveillance saves lives not because of counter-terrorism but because of contact-tracing or whatever (in practice it's hardly effective, but it's conditioning people to give up any remnants of their privacy)



  26. The Psychology of Developers

    "It turns out, there are ways around a free license -- you can make software "less free" or more imposing, without changing the license at all."



  27. Social Justice is Fine... When It is Not Just a Shallow Marketing Ploy

    Don't let well-meaning concepts such as "Social Justice" become mere buzzwords or tools of corporate propaganda (greedy people's objectives disguised as populism)



  28. Site Upgrades Likely Coming Soon

    After more than 28,000 posts are published it might be time to move from the WordPress x.9.x LTS to something newer (5.5 is about to be released); we explain why it’s not as simple as it might first seem



  29. Focus on the Big Issues, Not the Words

    The pattern that is emerging in recent months if not years is that words hurt and therefore contributors to code must shut up about injustices, including corporate misbehaviour



  30. Computing vs. Marketing

    “The important lesson here is that Windows is NOT a computer — it is actually a horrible thing that people DO to a computer, and to themselves.”


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts