Bonum Certa Men Certa

Dr. Siegfried Broß Says UPC is in Constitutional and Democratic Grey Area, Abuses at the European Patent Office Contribute to That

Judge Broß has been writing lengthy articles on the subject

Bross article page



Summary: Warnings about the inherent problems with the Unified Patent Court (UPC) are stressed amid Constitutional complaints/backlash in Germany -- almost certainly a fatal blow to "unitary" anything any time soon

LESS than a month ago (28th of November, 2017) there was a ceremony of the firm Cohausz & Florack in Munich. At the opening of the event there was a speech which has just been mentioned by UPC boosters like Christopher Weber and then FFII. UPC is mentioned about 3 dozen times and for preservation purposes (these things tend to vanish years down the line) we've made a copy of the translation (the copyright is the speaker's). The FFII picked this paragraph from pages 16-17: "If we now look more closely at the Unified Patent Court, we need to consider the following issues individually. To start with, we need to point out that the planned Agreement on the Unified Patent Court within the EU is destined not to succeed from the outset because it is predated by quite fundamental misconceptions. This agreement does not cover patent law per se, but rather the patents granted in accordance with the European Patent Convention. At first look, there may be nothing to objectionable about this. However, if we consider the constellation professionally and objectively with some critical distance, we notice that the Agreement is only intended to afford judicial protection within the EU if a patent application was successful in accordance with the European Patent Convention. Conversely, no access to the EU’s Unified Patent Court is intended for failed applicants in proceedings before the European Patent Office. This finding throws up various questions and casts the whole project into a constitutional and democratic grey area."



There are many more things in these pages (especially the second half) which slam the UPC as a concept. Not entirely surprising, especially given the speaker. There are serious violations of the law and the principles of law at the very heart of the EPO. Broß spoke and wrote about these issues many times before (in journals, news sites, television and more).

Speaking of these violations, check out the last comment in IP Kat. Having written about whistleblowing for nearly a decade, I know that Judge Corcoran's speech is protected and moreover, what he said wasn't so different from what a lot of EPO staff was saying (and circulating) at the time. Battistelli and his Croatian bulldog just needed a convenient scapegoat at the time -- someone whose life they can destroy to scare all the rest.

On your first reason, if public comments amount to a disciplinary offence, then the fact that they are pseudonymous doesn't change that. The issue is what the comments say, not whether the public can identify who made them.

On your second reason, whistleblowing may sometimes be justified to expose serious wrongdoings in the public interest, but pseudonymous comments on the internet would not be the right way to go about it.

Where someone has serious allegations and evidence to back them up, but there is effectively no internal channel, it may be justified to take them to a reputable investigative journalist. Such a journalist would check the facts before publication, and protect the source. A report in a reputable newspaper would consequently be much more believable and much more likely to achieve results.

While I've not seen the comments made in the present case, the pseudonymous nature and absence of independent checking would make it difficult to determine whether they were justified by hard evidence. Or were they merely repeating allegations made elsewhere and stating opinions? Or possibly a mixture of all these?


Just remember that, as we wrote on Thursday morning, the Corcoran affair serves to show that at the EPO the criminals try to criminalise those who speak about their crimes. A system so chronically incapable of introspection would be characteristic of small dictatorships in Africa, certainly not Bavaria.

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
 
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders