06.13.17

The UPC Gravy Train is Claimed to Have Been “Halted” in Germany and More Oppositions or Constitutional Complaints Are on Their Way

Posted in Europe, Patents at 11:11 am by Dr. Roy Schestowitz

A shipwreck of UPC

Summary: More information surfaces in German and British media today, shedding light on the severity of the mortal situation of the Unitary Patent, which isn’t going anywhere any time soon

THE EPO‘s management is having a hard time today. Benoît Battistelli will probably leave with no UPC in the bag and all these so-called ‘reforms’ were in vain. Destructive is an understatement.

“Benoît Battistelli will probably leave with no UPC in the bag and all these so-called ‘reforms’ were in vain.”One person asked yesterday: “Are the British now blocking Germany from being true Europeans?”

As we wrote yesterday, Germany cannot proceed without the UK or even on its own, having made some sham votes at 1 AM in the morning. As one comment put it yesterday, “the time table for starting the UPC is in tatters. There is no uncertainty about this.”

Here is the full comment:

Even if it is a provisional measure, the mere fact that the German constitutional Court stops the ratification process, shows that the objections raised by the “unnamed private person” must have some value. In the contrary, the Constitutional Court might not have gone so far.

We still have to wait whether the court will accept the petition, and in the affirmative, what the decision as to the merits will be, but the time table for starting the UPC is in tatters. There is no uncertainty about this.

There are further constitutional claims pending before it, but at the moment it is not clear if they are related to the present case, although they might touch upon a similar topic.

In a lecture before the MPI at the end of May, the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.

We leave in interesting times!

That typo was later corrected with: “Sorry for the mishap: please read “We live in interesting times” and not “We leave in interesting times”.”

“the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.”
      –Anonymous
Indeed.

Well, we certainly hope that ordinary EPO staff understands that this is good news. It is their foe, Benoît Battistelli, who should be deeply worried right now. SUEPO has already taken note of this, having added a potpourri of links from the German media [1, 2, 3] and even the British media, which somewhat belatedly covers this setback for the UPC [1, 2]. We are very certain that some blogs and ‘news’ sites of legal firms will attempt to spin this soon (the subject of future posts of ours). The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all… after all. Irrespective of whether the UK participates or not. The EPO is primarily based in Germany, the EU’s largest economy. Without Germany, there will be no UPC. There are some interesting comments (does not require inside knowledge about the EPO) in The Register. “Obviously,” the FFII’s President wrote, “TheRegister keeps not mentioning the real constitutional problems, starting with rules of procedure not made by parliament(s).”

“The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all… after all.”He later said that the Germany-centric “FFII will submit another constitutional complaint in Germany against the Unitary Patent, still looking for deadlines…”

“Governments don’t seem to care,” said another person (an opponent of software patents), “they are supporting the EPO by supporting the UPC regardless of the problems…”

Watch the UPC dreamers stuck in denial. One of them wrote: “All, let’s keep calm and wait to see what’s behind it. Maybe it’s easy to remedy, maybe not. Maybe just one last hick-up before launch.”

Not really. Based on coverage from Bild and FAZ — coverage that EPO staff is taking note of and which was much anticipated since yesterdaythis is a “halt”, not just a delay. FAZ says that the “German Constitutional Court halts UPC ratification,” according to a rough translation.

“Don’t expect Germany or the UK to ratify any time soon and without them and their courts there’s no prospect of starting anything.”Managing IP, having promoted the UPC for years, admits the issue by stating: “Caught unawares by UPC delay in Germany? Ingve Stjerna predicted it in 2014! http://www.stjerna.de/index_en_htm_files/Unitarypatent_Constitution.pdf … .@ManagingIP #patent cc. @hwieduwilt”

It also said: “Germany about to put the final nail in the UPC coffin?”

Hey, the final nail in the UPC coffin?

That’s ‘our’ phrase. ;-)

“For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news.”Oopsie (UPC) is not happening. Not any time soon. It’s stuck in a limbo if not dying. Don’t expect Germany or the UK to ratify any time soon and without them and their courts there’s no prospect of starting anything. Don’t believe those who claim otherwise.

People continue to pursue additional information while patent trolls, who bet their farm on the UPC, must be pursuing more bogus patents at the EPO. What good will these patents be if there’s no UPC for them to sue the whole of Europe with (in one fell swoop)?

For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/06/13/german-and-british-media-on-upc/

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. Richard Stallman Vilified by Those Who Don't Know Him, Says Sylvia Paull

    Republished "In Support of Richard Stallman"



  2. [Meme] Linux Foundation Can't Use Linux

    Two examples from yesterday, highlighting what a bunch of hypocrites run the marketing operation now disguised as ‘research’; Jason Perlow from Microsoft signed/published this newsletter highlight from the failing “Linux” Foundation — a foundation that calls itself “Linux” while its newsletter is still hosted by Microsoft Windows+proprietary IIS and this latest report is made with proprietary software on a Mac



  3. [Meme] Haters Gonna Hate, Don't Apologise to a Libelling Mob

    As was already pointed out before, you cannot appease a mob by talking back to it, certainly not by issuing an apology (putting oneself in a position of weakness)



  4. What the EPO Has 'Normalised' in Europe...

    Under the cover of 'new normal', Europe's second-largest institution crushes the law and crushes its own staff



  5. Lots of Information in Sight, But Minimal Distraction

    How I keep focused on reading and writing whilst at the same time keeping an eye on important incidents, such as DDOS attacks and urgent messages coming in



  6. IRC Proceedings: Friday, April 16, 2021

    IRC logs for Friday, April 16, 2021



  7. Hate Letter Against FSF (Concern Trolls): 1415 Committers, Letter in Support of FSF (With Its Founder Back): 5116

    Taking into account people who asked for their names to be removed from the defamatory hate letter (inciting people, based on falsehoods), it's not impossible that the support letter really triples or quadruples it in terms of number of signatures



  8. Richard Stallman: Sharing is Good... We Need to Legalise It

    Dr. Richard Stallman, the Free Software Foundation's founder, explains his take on copyright and the artificial restriction being used against sharing



  9. Nadine Strossen and Hannah Wolfman-Jones Rebut Accusations Against Stallman and Choose Him as Coauthor

    "Here are her thoughts and the response she received from Nadine, extracted verbatim with their permission from the original article"



  10. Links 17/4/2021: GNOME 40 in Tumbleweed, Devuan 4.0 Alpha, Kate Editor Makes a Leap

    Links for the day



  11. EPO Staff Union Takes the EPO 'to Court' (the ILO's Tribunal, as the EPO Cannot be Taken to a Proper Court)

    The Staff Union of the EPO (SUEPO) Committees are preparing a legal battle over unlawful and unjust measures taken collectively against hard-working (overworked during pandemic) members of staff; the European public should support them



  12. The Latest Anti-RMS Coup Attempt Targets the GNU Project (Because the FSF Coup Has Clearly Failed) by Infringing and Disregarding Trademark Conventions

    A fake "GNU" (not the original GNU, just riding the coattails of the name "GNU") is trying to find/gain traction and we must oppose it because it's an extension of the very same coup attempt (same plotters) that manufactured a whole bunch of libel to incite people and blackmail the Free Software Foundation (FSF)



  13. Links 16/4/2021: Mozilla Dumping FTP, Corporations Still Concern-Trolling FSF

    Links for the day



  14. The EFF Attacks Software Freedom and Promotes Fake Privacy Linked to Microsoft

    Only weeks after attacking Software Freedom (the ad hominem way, which is easier) the EFF endorses a Microsoft-linked privacy abuse, misframing it as some sort of privacy champion



  15. Richard Stallman on How Corporate Media Limits What People Are Allowed to Think and Say (Updated)

    What the founder of the FSF told yours truly a number of years ago about the behaviour of corporate (funded and controlled by corporations) media



  16. Exposing Hard Truths is the First Step or the Path Towards Justice

    A reflection and a moment taken to set aside tribalism (shallow differences based on allegiances of personal comfort), for we need look back at actual facts — however inconvenient at times — and consider the reality of the situation



  17. IRC Proceedings: Thursday, April 15, 2021

    IRC logs for Thursday, April 15, 2021



  18. [Meme] Laundering Bribes as 'Cooperation Money'

    Germany has financial interest in ensuring that EPO abuses carry on and nobody holds the EPO accountable



  19. Articles in Support of Richard Stallman

    Reproduced with permission



  20. EPOLeaks on Misleading the Bundestag -- Part 20: Taking Stock

    Benoît Battistelli's legacy at the EPO is a legacy of corruption and cover-up; we take stock of how illegality was defended and persists to this day



  21. Links 15/4/2021: Zorin OS 16 Beta and Pushing Linux to GitHub- and Microsoft-Connected Rust

    Links for the day



  22. [Meme] Enemies With Common Interests

    The Software Freedom Movement (or Free Software Movement) has many enemies; some of them just hide in the shadows or speak out through shadowy front groups/NGOs that they semi-officially sponsor



  23. [Meme] Germany's Red Cash Cow

    EPO brings a lot of money to the German state. But at what cost to citizens and Germany’s public image?



  24. EPOLeaks on Misleading the Bundestag -- Part 19: The Deafening Silence of the Media

    "There has been speculation that Maas might have had his own political interest in protecting Battistelli and the Balkan Express because of certain allegations about financial irregularities involving the German Patents and Trademark Office (DPMA) which were doing the rounds at the time."



  25. The Indirection Game

    How to attack institutions and concepts by personifying them, then proceeding to character assassination based on lies and deliberate distortions



  26. Links 15/4/2021: LXQt 0.17, Proxmox Backup Server 1.1

    Links for the day



  27. The Patent Battles in Europe Are Connected to the War on GNU/Linux (as a Community-Led Effort)

    Monoplisers of GNU and Linux want us to think that OIN is the solution while they actively lobby for software patents in Europe and the people in charge of Europe’s second-largest institution and Europe’s largest patent office help them; this long video contains thoughts about news from the past couple of days



  28. Richard Stallman: Freedom is the Goal (Updated)

    What Richard Stallman (RMS) told me in person on his trip here



  29. IRC Proceedings: Wednesday, April 14, 2021

    IRC logs for Wednesday, April 14, 2021



  30. EPOLeaks on Misleading the Bundestag -- Part 18: Zero Tolerance for “Lawless Zones”?

    "It comes as no surprise that Maas appeared as a guest of honour at the European Inventor of the Year Boondoggle in Berlin in 2014 where he was seen on stage clapping along with the EPO President."


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