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

03.07.18

The Right-Wing Alternative für Deutschland Opposes Unitary Patent (UPC), Just Like UKIP in Britain

Posted in Europe, Patents at 11:41 pm by Dr. Roy Schestowitz

Deutschland stamps

Summary: Additional barriers to the UPC in Germany; it seems as though things just get worse — not better — for the UPCA (Unified Patent Court Agreement) over time

TECHRIGHTS does not condone/endorse political parties and certainly does not support AfD (Alternative für Deutschland). It has, however, been mentioned by Mathieu Klos‏ that this nationalist party is becoming aware of the UPC and is opposing it. There was a similar situation involving MP Carswell (when he was in UKIP, after he had left the Conservatives and before he left UKIP to become independent). The link between UKIP and AfD is well documented.

Being parties that mostly/entirely oppose the EU, this should not be entirely surprising. UPC, unlike the EPO/EPC, is quite strongly connected to the EU.

“Being parties that mostly/entirely oppose the EU, this should not be entirely surprising.”Even Bristows’ Richard Pinckney wrote about it yesterday: “The Bundestag (German parliament) has announced here that on 15 March 2018 it will discuss a motion by the AfD (Alternative für Deutschland, Alternative for Germany) political party calling for the repeal of two acts enabling Germany to participate in the Unified Patent Court (UPC) and unitary patent system.”

See? So the UPC is only going backwards in Germany; many people now understand the sham vote by very few politicians who had personal stakes in the outcome. Pinckney went even further yesterday. He wrote about Stjerna’s constitutional complaint:

Dr Stjerna, who filed in the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) the complaint against the legislation enabling Germany to ratify the Agreement on a Unified Patent Court (UPC), has published here an update, reporting which parties the BVerfG invited or allowed to comment, and which of those did so.

Here is his update dated one week ago:

In August 2017, the FCC had served the constitutional complaint on both chambers of Parliament (Bundestag and Bundesrat), the Federal Chancellery, the Federal Ministry of Justice and Consumer Protection and all State governments, giving them the opportunity to comment until 31/12/2017 – until 31/01/2018 in case of the Bundestag – (sec.s 23(2), 94(4), 77 of the Federal Constitutional Court Act [BVerfGG]).

Within the same time limit, the Presidents of the Federal Bar Association (BRAK) and of the German Association of Lawyers (DAV) and – in reply to their prior written request – the Presidents of the European Patent Lawyers Association (EPLAW), of the European Patent Office (EPO), of the German Association for Industrial Property and Copyright (GRUR), of the European Patent Litigators Association (EPLIT) and of the Confederation of German Industry (BDI) were allowed to comment pursuant to sec. 27a BVerfGG.

A statement was filed by the Bundestag and the Federal government as well as by BRAK, DAV, EPLAW, EPA, GRUR and EPLIT.

It is worth noting that the EPO/Team Battistelli says absolutely nothing about the UPC nowadays. In fact, over the past month it has mentioned UPC only by retweets but never directly. It retweeted this promotional tweet earlier this week. It’s about an event stuffed with Battistelli’s friends. I joked with the EPO about it: “Does he [Yann Ménière] come with strings (so that Mr. Battistelli can hold him while he speaks)?”

“It is worth noting that the EPO/Team Battistelli says absolutely nothing about the UPC nowadays.”We already wrote about those attending this event, notably Jérôme Debrulle. By the time this event starts the UPC will have already died due to a combination of Brexit, not to mention the FCC and purely technical/legal grounds like a sham vote, judges lacking independence etc. Battistelli too will have left the Office.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  2. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  3. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists



  4. Meme: Software Patents at the EPO

    The evolution of “technical effect” nonsense at the EPO



  5. IRC Proceedings: Sunday, October 13, 2019

    IRC logs for Sunday, October 13, 2019



  6. Firm of Microsoft's Former Litigation Chief Uses Microsoft-Connected Patent Lawsuit Against GNU/Linux (GNOME Foundation) for New Breed of FUD Campaigns

    The patent troll of Bill Gates and Nathan Myhrvold has fed a patent troll that's attacking GNU/Linux and a firm owned by Microsoft's former litigation chief says it proves "Open Source Software Remains a Target"



  7. "Widespread Adoption" (Did You Mean: Takeover by Monopolies?)

    "Quite a few of them are people that would rather replace David with Goliath, just because he's bigger. Quite a few are already taking money from Goliath."



  8. Links 13/10/2019: Red Hat CFO Fired and KDE Plasma 5.17 Preparations

    Links for the day



  9. Bill's Media Strategy Amid GatesGate

    There are many ways by which to game the media’s news cycle — an art mastered by the groper in chief



  10. Hard-Core Micro-Soft

    The word "core" is increasingly being (mis)used to portray user-hostile proprietary software as something more benign if not "open"



  11. Free Software Timeline and Federation: When Free Software Advocacy/Support is a Monopoly Expansion Becomes Necessary

    Support for Software Freedom — like support for Free software (think Red Hat/IBM and systemd) — should be decentralised and compartmentalised to make the movement stronger and adaptable



  12. Projection Tactics

    The corporate media hasn't been doing its job lately; it has systematically defamed the wrong people, perhaps in an effort to distract from 'big fish'



  13. Meme: Richard Stallman Irrelevant

    Saint IGNUcius — Richard Stallman — just isn’t the Saint Bill Gates is



  14. IRC Proceedings: Saturday, October 12, 2019

    IRC logs for Saturday, October 12, 2019



  15. Links 13/10/2019: Mastodon 3.0, GNU Binutils 2.33.1, and the Road to KDE Frameworks 6

    Links for the day



  16. The New York Times About the Real Epstein-Software Scandal (Nothing to Do With Stallman)

    The media is belatedly catching up with and covering the real MIT scandal which extends far beyond MIT



  17. Openwashing Reports Are on Hold

    The need to stress Software Freedom and shun all that "open" nonsense has quickly become apparent; some of the people who oppose Stallman turn out to be "Open Source" proponents who don't even value freedom of expression (free speech)



  18. Support the GNU Project and Support Free Speech

    Techrights is loyal to Software Freedom and those eager to promote it; it cannot, however, support those who don’t support free speech



  19. Today's EPO is Working for Patent Trolls and the 'Aye Pee' (IP) 'Industry' Instead of Science

    The EPO is making allegiances and alliances with groups that represent neither science nor businesses but instead push for monopolies, litigation and extortion; lawlessness appears to have become the EPO's very objective instead of what it intends to tackle



  20. The Campinos Car Crash

    The EPO is crashing and we know who’s to blame other than Battistelli



  21. Software Patents (or Monopolies on Algorithms) Are Not 'Property' and They're Not Even Legally Valid

    The EPO insists that it's OK to grant patents on just about everything and propaganda terms are being leveraged to justify this dangerous attitude



  22. The EPO's Universal Patent Injustice Concealed With Polyglottic Tricks

    The EPO is fooling nobody; it's desperate to hide the very simple fact that Battistelli did something illegal and over the past few years every decision issued by the EPO was legally invalid (as per the EPC)



  23. Microsoft Tweets in Linux Platforms

    This observation about the Linux Foundation seems very appropriate (and true) now that Linux.com’s sole editor is (re)posting Microsoft tweets (shades of Jono Bacon)



  24. Links 12/10/2019: Rspamd 2.0, Kdenlive 19.08.2, Plasma Mobile Progress, FreeBSD 12.1 RC1

    Links for the day



  25. IRC Proceedings: Friday, October 11, 2019

    IRC logs for Friday, October 11, 2019



  26. MIT Scandal in a Nutshell

    What happened a month ago, explained using a meme



  27. António Campinos, With Diplomatic Immunity, Continues Breaking the Law by Granting Patents the EU and EPC Forbade

    The EPO shows how immunity leads to crimes being committed with total impunity; at this point the EPO's immunity must be removed and judges should be permitted to do their job, which is enforcing the law



  28. EPO is Trying to 'Force-Feed' Europe Some Fake Patents by Hijacking Courts

    Having granted a lot of dubious European Patents (to maintain constant growth despite a decreasing number of applications) the EPO seeks to subvert the court system; so far only the constitutions and the laws are being subverted — to the point where these ambitions are collapsing in Europe’s highest courts



  29. If the EPO Plans to Go 'Virtually' Private (Outside Contracting), Then Failing It Would be Deliberate

    Sooner rather than later EPO workers need to entertain the possibility that so-called 'plan Battistelli' is to enrich a bunch of well-connected people rather than improve the Office or its services



  30. Linux Oughtn't Be Just a Brand

    The non-Linux-using Linux Foundation and how it views the Linux project


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