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

08.29.17

Hiring of German Judges for UPC Has Been Halted as the Future of UPC as a Whole Now in Doubt

Posted in Europe, Patents at 9:16 am by Dr. Roy Schestowitz

Do not enter

Padlock

Summary: Things keep getting worse for the Unified Patent Court (UPC), whose manifestation looks more and more like a distant dream (fantasy of the litigation ‘industry’) due to Brexit, the exit of Battistelli, and the departure of the Chairman of the EPO’s Administrative Council one month from now

THE situation is getting rather grim for Team UPC; they’re all very silent… silent for well over a week! (since the EPO released some PDF)

A month ago the German press published quite a few noteworthy reports. These covered EPO scandals around that time (SUEPO published translations and so did at least one German publication). Yesterday, SUEPO highlighted a couple more of those [1, 2]. Will SUEPO translate these to English some time soon? Regardless of these reports, the German media is still far too soft on the corrupt EPO. Well, what happened to guts in the media? It’s like they fear the prospect of unleashing another Dieselgate, which caused tremendous damage to German reputation/credibility, not to mention long-term economic harm.

“Regardless of these reports, the German media is still far too soft on the corrupt EPO.”Later this week we are going to resume the “EPO Silencers of the Media” series. For the past few days I have been getting numerous requests of self-censorship regarding the EPO (I ignored all of them, as usual).

More important for the time being is new information we found out on Monday. This new article from a biotechnology news site which is based in Europe, called “European Biotechnology Magazine,” said this yesterday: “As Spain and Italy resisted to adopt the rules because unitary patents will be only translated into few languages, reducing overall cost, the initial plan failed. Furthermore, the unitary patent and the UPC may make European companies more vulnerable due to the fact that a single proceeding in one country can annul their patent claims in all EU countries.”

“Language discriminations cannot happen,” said one of the comments from earlier this month, “even if the CJEU tolerates them.”

Here is the full comment (there’s more to that effect there):

For the automated non-legally binding translations, be prepared that there will be appeals at the national level and up to the ECHR.

Unfortunately, Germany, France or UK are not concerned about those automated translations under the UPC.

Language discriminations cannot happen, even if the CJEU tolerates them.

And that decision was a political one.

“Germany has stopped hiring of German judges for the court,” continued the above piece. Just like in the UK then; the UPC Preparatory Committee put the brakes on the UPC, having even advertised UPC jobs that quite likely would never exist because the Unitary Patent is dead in the UK (or will be officially dead soon).

Here is the relevant passage/paragraph: “Sources told European Biotechnology Magazine that Germany has stopped hiring of German judges for the court, a clear signal that Germany is going to halt the ratification process of the UPC agreement for a longer period of time than previously expected. Without the UK, Germany and France ratifying legislation for the UPC, the unitary patent cannot become reality. To date, only five EU member states (Austria, Belgium, Denmark, Malta, and Sweden) have ratified the agreement.”

“What will be the fate of judges who were attacked by Battistelli (or those who saw their independence under attack)?”The UPC will languish or die like Battistelli’s career and health. Judging by the German media, there’s no hope for the UPC any time soon; even the patent microcosm is no longer as optimistic as it used to be. EPO abuses have a lot to do with that.

What will be the fate of judges who were attacked by Battistelli (or those who saw their independence under attack)? What will happen to prospective UPC judges? Will they be told that the job they applied for no longer exists? Here is a comment left a short while ago in IP Kat:

What is a “juristic person of corporations”? A very fat judge?

“I am the judge, the very fat judge, that waters the patent law!
Oh, I am the judge, the very fat man, that waters the patent law!
And what do I care about freedom to work, or the honest prior us-or?
For I am the judge, the very fat judge, that waters the patent law!”

The context for this comment is partly related to the EPO. But we no longer want to link to IP Kat, at least until it resumes covering EPO scandals (not ignoring them, cowardly pretending they do not exist).

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. Links 21/10/2020: $8000 GNU/Linux Desktop, Tails 4.12, Open Infrastructure Foundation and Firefox Release

    Links for the day



  2. Never Feed the Internet Trolls, No Matter How Tempting It Becomes

    The tactics for removing critics of abuse (by framing them as "abusive") have evolved a lot in recent years; the best course of action is to never entertain provocateurs in any way whatsoever (just ignore them, give them no attention which they crave and feed on)



  3. Bill Gates: “I'm Not a Lawyer” (He Dropped Out of College, Where He Studied Law Before and After Breaking the Law Chronically)

    How Microsoft blackmailed other companies into supporting nothing but Microsoft and Windows; Bill Gates repeatedly lied to the interrogators about it, then said "I'm not a lawyer" (IANAL) even though he went to college to become one, just like his father who died last month



  4. Microsoft Has Not Changed Since Being Investigated (and Prosecuted) for Crimes at a Federal Level

    The media keeps telling us a bunch of worthless junk about Gates "saving the world" and Microsoft becoming a "nice" and "gentle" (or "soft") company, but nothing could be further from the truth



  5. Stick a Fork in the Open Source Initiative (OSI). OSI is Dead. Microsoft Bought OSI.

    OSI leadership proudly showing early signs of 'prognosis negative'; the OSI can never and will never recover from this; Microsoft killed it



  6. Links 20/10/2020: OpenZFS 2.0 RC4 and Trisquel GNU/Linux 9.0

    Links for the day



  7. People With God Complex Must Never be Allowed in Positions of Power

    The attack on Linus Torvalds — an attack which at his own expense/peril he fails to recognise/acknowledge — seeks to put both projects that he founded right in Microsoft’s palm



  8. IRC Proceedings: Monday, October 19, 2020

    IRC logs for Monday, October 19, 2020



  9. Corporate Media: GNU/Linux Can Only Succeed If/When Microsoft Dominates Everything Inside It

    The corporate takeover (or handover) of GNU/Linux would not have been possible without complicity of corruptible (bribed) media



  10. Bill Gates Explains How Microsoft and Apple Leverage Software Patents in Their Cross-Licensing Deals (to Perpetuate Duopoly/Shared Monopoly)

    A look back at Apple's and Microsoft's use or misuse of bogus software patents in bargaining (in effect excluding those who have not amassed tens of thousands of patents)



  11. Standards and Choices

    GNU/Linux is a very standards-based platform; having lots of choices (e.g. distros to choose from) isn’t the principal problem — or nowhere near the extent sabotage and illegal tactics by Microsoft have been



  12. IBM's “Emb(RACE)” Campaign is an Insult to History and Historians

    IBM wishes to be seen as some heroic saviour and warrior for black girls; this requires serious if not torturous revisionism to be believed



  13. There Are Too Many Types of Cars...

    "Choice is malicious," say the antagonists



  14. Reversal of Narratives by Internet Trolls (Spinning Reaction to Their Trolling as 'Abuse')

    Organisations that engage in demonisation of people (typically those who expose the abuses of such organisations) somehow evade the standards of Codes of Conduct, as if Codes of Conduct are covertly designed not to protect individuals but to empower those who already have all the powers (or front for powerful people/corporations)



  15. Ongoing (Albeit Secret) Campaign of Patent Extortion Against GNU/Linux Distributions Using Software Patents, Even Expired Ones in Europe

    GNU/Linux distros attacked by software patents, even in Europe where no such patents are supposed to exist (or have any legal bearing)



  16. Links 19/10/2020: Linux 5.9-ck1/MuQSS, Linux Kodachi 7.3

    Links for the day



  17. Java's James Gosling is Wrong. Free Software Advocates Never Suggested or Insinuated That Money-Making Was Ethically Wrong.

    The honorable James Gosling mischaracterises the stance of Free software advocacy, portraying it like it is an issue of money rather than respect for users



  18. Maybe This is What Codes of Conduct Were Made for? Or to Prevent? (Updated)

    When people bemoan the abuse they receive from a so-called 'anti-harassment' team (covering up corporate corruption in a project by ousting people) this is the kind of thing they receive from colleagues or former colleagues



  19. Media Contradicts Itself, Redefines Proprietary Software as 'Open'... for Microsoft

    Proprietary GitHub is being spun as Microsoft going "open" (nothing could be further from the truth) in another EEE-type move with diffusion and confusion



  20. A Critic's Free Software Dictionary by figosdev

    Sarcastic take on often-spoken words in the domain of technology



  21. IRC Proceedings: Sunday, October 18, 2020

    IRC logs for Sunday, October 18, 2020



  22. Links 19/10/2020: OpenBSD 6.8, RapidDisk 7.0.0, Tails 4.11 Reviewed

    Links for the day



  23. The Different Types of Spammy 'Articles' and 'Reviews' Which Have Killed 'Professional Journalism' (Nowadays Mostly SPAM)

    The media has become so rogue that a lot of it is merely an extension of the marketing/PR industry; unless this is corrected, online publishers will fail to earn or maintain any degree of trust



  24. When the Software -- and by Extension Hardware and Network -- Controls the User...

    A distraction-free workflow is more likely to be attained using Free software than without it; in a world with information overload and 'surveillance capitalism' people need to carefully rethink what they do (or have done to them) digitally



  25. What the Linux Foundation Teaches People About GNU/Linux in LinuxFoundationX (edX) LFS101x “Introduction to Linux” [sic]

    Some annotated screenshots of preliminary sections of LFS101x, a 'course' designed to indoctrinate people for the Linux Foundation and the project is borrows its name from (but whose trademark it does not control)



  26. Shut Up and Learn to Maintain an Application Suite

    "Try and maintain a complex piece of software like a browser or an office suite, and then you'll understand."



  27. LinuxFoundationX (edX) LFS101x “Introduction to Linux” is More Linux Foundation Marketing and 'Linux' Revisionism Than Actual Training/Teaching

    The Linux Foundation makes a course about "Linux" partly about itself (the Linux Foundation, with top members like Microsoft and Oracle) and distorts the record with terms like "Open Source" and the pretense everything is "Linux" (even work that predates Linux itself)



  28. Microsoft Sheds Off Lots of Staff in This Autumn of COVID

    Microsoft is laying off more staff than we've estimated (even Azure staff) and the modus operandi disguises layoffs as mere departures (to make it seem wilful)



  29. [Meme] Microsoft's Calculator is Spyware

    The last thing GNU/Linux users need or want is yet another simple calculation tool, this one with Microsoft in control



  30. History's Lesson: Microsoft Now Does to GNU/Linux What It Did to Java (Creating 'Schism' to 'Wrest Control')

    We take a closer look at what Bill Gates admitted (under pressure, with 'smoking guns' to compel him into admission) regarding his rogue tactics


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