Bonum Certa Men Certa

The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

UPCA paralysis



Summary: Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news

THE FIRST step of António Campinos as EPO President was UPC promotion, which includes attacking constitutions across many countries in Europe. Since then the EPO has been promoting software patents virtually every day (sometimes more than once per day) in spite of the ban in Europe. So it's like the pertinent laws and truth itself don't matter to the EPO. It's like Battistelli is still in charge, but his face looks a little different now (nationality is the same).



"Actually, the United Kingdom does not want the Unified Patent Court; it’s just a bunch of law firms with a powerful lobby like CIPA that wants it and misrepresents SMEs, the country at large, and people who actually work in science and technology."We have stumbled upon quite a few Unitary Patent puff pieces this week. IAM's UPC propaganda mill was today's biggest culprit. It's like that same old UPC propaganda which the EPO's PR agency paid IAM for.

Some hours ago David Holland, Roger Lush and Melanie Stevenson (Carpmaels & Ransford LLP) overlooked major UPC barriers. Citing UK-IPO (which is biased for obvious reasons), they promote/perpetuate two famous lies and say: "Looking to the future, the government proposes that the “UK should continue to participate in the unitary patent system and the Unified Patent Court that underpins it”, confirming the United Kingdom’s long-held desire to participate in this new pan-European system."

Actually, the United Kingdom does not want the Unified Patent Court; it's just a bunch of law firms with a powerful lobby like CIPA that wants it and misrepresents SMEs, the country at large, and people who actually work in science and technology. This is what happens when law firms write "the news"; it's just marketing and lobbying. Speaking of law firms, hours ago Jörg Prechtel (Weickmann & Weickmann PartmbB) wrote this piece about the UPC, missing the point that the principal issue with UPC, as per the constitutional complaint in Germany, isn't just conditions for renewal of judges' contracts but the EPO having a long track record of breaking the law, attacking judges, and defaming them. Prechtel wrote this:

On 18 March 2018 the Federal Constitutional Court in Karlsruhe permitted the appointment of judges for a limited time (Richter auf Zeit), but only under specific conditions (Docket 2BvR 780/16).

This decision may affect a pending constitutional complaint against the UPC Agreement (for more information please see “Constitutional complaint against UPC Agreement”), since Article 4 of the Statute of the UPC provides that judges may be appointed for a limited time (six years) and can be re-appointed.

[...]

In light of this decision, the court’s stance regarding the UPC Agreement remains uncertain. While it considers the employment of Richter auf Zeit admissible in principle, there are restrictions (ie, temporary personnel requirements and the prohibition of re-appointment).

However, since the court system proposed by the UPC Agreement is international, the Federal Constitutional Court may not apply its strict national standards.


They are just trying to influence the outcome of the constitutional complaint against the UPC Agreement (UPCA); they're not even good at hiding it. There are apparently four components to this complaint and it may not be decided/ruled on before next year or 2020. In the meantime UPCA languishes to the point where Team UPC has nothing at all to report; all they do is spin of old news.

Recent Techrights' Posts

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
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
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 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