Bonum Certa Men Certa

The EPO's Systematic Attacks on Justice and on Judges Have Likely Played the Biggest Role in the Death of Unitary Patent (UPC)

Recent: Another Victim of Corrupt Benoît Battistelli (a judge)

Fair trial



Summary: The issues associated with lack of independence for European patent judges are totally unsolved; this means that any decisions about European Patents may, in the meantime, be subjected to substantial doubt and it harms the perception of justice

THE EPO's judges still lack independence under António Campinos. It certainly seems like Campinos doesn't intend to fix anything and maybe this is why he's so afraid to meet SUEPO officials, who are growing impatient with him by the looks of it.



"Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years."An article just published by Leythem A. Wall (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, one of the biggest patent maximalists out there) may be short, but it basically repeats somewhat old news from the EPO when it says: "In one of his last acts as President of the European Patent Office (EPO), Benoît Battistelli has referred a question to the Enlarged Board of Appeal concerning appeal fees and the interpretation of Article 108 EPC. The case is now pending under the reference G1/18."

Battistelli made appeals more expensive, knowing that such a move would discourage appeals and thus help hide the profound decline in patent quality -- a point we've made countless times over the years. What is going to happen next? We're not optimistic. Remember that the Enlarged Board of Appeal, due to decide on matters including this, is not independent. It spoke about it again not too long ago.

"Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC."The media barely mentions any of these issues. Joff Wild, for example, has just mentioned "President Benoît Battistelli" again (at IAM). This can become a serious reputational liability if Battistelli gets arrested some time in the future (not his extremely violent bodyguard). After Benoît Battistelli wrote articles for IAM and was given a keynote slot by IAM they still treat him as some sort of champion with a "legacy". What exactly is his legacy? Corruption? Construction site? Serious brain drain? The death of the UPC? Remember that Battistelli's abuses have played a very considerable role employees' deaths and in the scuttling of the UPC.

There's no "Future Unified Patent Court". We're pretty certain of that. But pro-UPC propaganda blogs such as Kluwer Patent Blog now give the platform to "Intellectual Property Rechtsanwälte" Thomas Musmann, whose biases are revealing. From yesterday's blog post:

IIAs are treaties under public international law that are not specific intellectual property (IP) agreements, such as TRIPs. Rather, they generally protect property rights against state interference. To date, arbitral tribunals have rendered decisions in four IP-related international investment disputes. Whereas the Eli Lilly v. Canada award pertained to a dispute involving decisions of state courts, arbitral proceedings based on an IIA may also be considered as a special appeal mechanism concerning IP-related decisions of international organizations, e.g. the European Patent Office (EPO) or the future Unified Patent Court (UPC). Thus, they could represent an alternative to other extraordinary remedies which have already been used for challenging EPO decisions, e.g. constitutional complaints before the German Federal Constitutional Court or applications submitted to the European Court of Human Rights (ECHR).


This is the same ECHR where SUEPO lodged a serious complaint. We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes. The UPC hopefuls too will move on with their lives.

"We expect the German FCC, ECHR, ILO and others to play a role in the scuttling of whatever remains of UPC hopes."Team UPC has in general been very quiet for months and not because it's summer. Bad legislation dies in the midst of inaction, not because its death is announced (it 'hibernates'). The UPC is dead. Even if Britain decided to can Brexit and remain in the EU, the UPC would still be dead. It's no longer the UK that acts as a barrier; there are several constitutional issues, EPO corruption and a lot more.

Recent Techrights' Posts

CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
 
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock