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06.01.18

In Gross Violation of German Law, as Per EPO Tradition, Fronleichnam ‘Stolen’ by Benoît Battistelli

Posted in Europe, Patents at 12:16 am by Dr. Roy Schestowitz

Lawlessness (as we last noted yesterday) is de facto rule for EPO and UPC

Fronleichnam

Summary: The violations of labour rights at the EPO continue unabated; the culmination of such flagrant disregard for the law can be seen in the Unified Patent Court (UPC), which attracted a rare constitutional complaint

THE systematic ‘robbery’ of public holidays by the EPO‘s management (which takes holidays whenever Saint-Germain-en-Laye calls) was noted here before. Each year the EPO takes away yet more public holidays (lots taken away last year), which workers in Germany are entitled to. They cannot really sue because the EPO is immune; it’s above the law (in effect).

Märpel has just taken note of Fronleichnam: “Märpel wishes a pleasant holiday to all residents of Bavaria. The weather is superb, enjoy your day!”

“EPO staff were on duty as the Sun King cancelled Fronleichnam from the EPO public holidays, probably as a reward for a production increase of 40% last year.”
      –Anonymous
There’s a veiled sense of humour (tongue in cheek) in there. A reader explains it as follows, in relation to Fronleichnam in particular: “Please note that there was a very pleasant summer weather today in Munich and most of the people were enjoying it. But not all. EPO staff were on duty as the Sun King cancelled Fronleichnam from the EPO public holidays, probably as a reward for a production increase of 40% last year. Having this in mind do you know what we wish you Monsieur Battistelli?”

Sadly, as long as the EPO is above the law it will get away with it. We’ve seen this all across the spectrum, including the UPC. The Unitary Patent lobbying has, all along, involved: 1) political corruption; 2) breaking laws and 3) violation of constitutions. These people just make up rules as they go along, totally immune from prosecution. This is why we’ve spent nearly a whole decade opposing the UPC. If they break laws just to ratify the UPCA imagine what sense of “justice” there will be in the UPC itself; the constitutional complaint in Germany has already taken note of the rogue appointment of judges (rogue process which may also favour plaintiffs-friendly and overzealous rulings).

Speaking of this whole UPC mess, Robert Burrows from Bristows has just brought up Bulgaria again. The country has nearly a thousand times less patents (European Patents) than Western Europe, but somehow Bristows keeps looking for an illusion of UPC progress. There’s nothing for his colleague Brian Cordery to say about UPC in their UPC propaganda blog, so yesterday he wrote about matters such as FRAND instead. FRAND/SEP was also the subject of this new CCIA paper, which was published yesterday.

“Just recall what they got away with in Germany; one might expect this in the former Soviet Union, but such political corruption now thrives in Germany; no wonder the constitutional complaint was successfully admitted and accepted by FCC (in the face of fierce lobbying by Team UPC).”It’s worth noting that in response to the UPC puff piece from IP Kat (“Report on IPO’s 2018 European Practice Committee Conference”), which it still promotes in Twitter, a UPC proponent (part of Team UPC) wrote: “Not quite: „The relatively easier approach will be taken by Administrative Committee to change the UPC [...], although the new diplomatic conference might be necessary if one country does not want it.“ Not „might be“, but „will be“ necessary, cf Art 87(3) 2nd sentence UPCA.”

These people don’t care about the law. The UPC is the grossest violation of laws as well as constitutions that I have ever encountered in Europe. Just recall what they got away with in Germany; one might expect this in the former Soviet Union, but such political corruption now thrives in Germany; no wonder the constitutional complaint was successfully admitted and accepted by FCC (in the face of fierce lobbying by Team UPC).

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