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

02.02.19

Concerns About Stephan Harbarth’s Unitary Patent (UPC) Vested Interests and His Entrance Into the Constitutional Court That Decides on UPC

Posted in Europe, Patents at 10:55 am by Dr. Roy Schestowitz

António Campinos for UPC
Source

Summary: Dr. Ingve Björn Stjerna’s complaint about the Unified Patent Court Agreement (UPCA) in light of the newly-appointed judge at the Federal Constitutional Court (“BVerfG”), who moves there from the Bundestag (at the centre of Stjerna’s complaint because of a notorious vote by a fraction of members at 1AM in the morning)

THE previous post noted that software patents granted by the European Patent Office (EPO) would likely not withstand scrutiny in European courts — the same thing that’s happening at the U.S. Patent and Trademark Office (USPTO) because of SCOTUS and 35 U.S.C. § 101. On his first week on the job António Campinos publicly promoted the UPC, which is means for bypassing European courts. Knowing Team UPC, we remain concerned that they’ll pull dirty tricks — even outright corruption — as they did before.

“Knowing Team UPC, we remain concerned that they’ll pull dirty tricks — even outright corruption — as they did before.”Just before the weekend the patent trolls’ lobby or propaganda mill IAM, which the EPO had paid to promote the UPC, spoke of “pharma UPC strategies” under the heading “Getting to the heart of the life sciences patent debate” (link omitted intentionally). Why would they suggest such a strategy after admitting that the UPC is likely dead?

As it turns out, there’s this latest update from the complainant against UPC/A in Germany. In his own words:

On 30/11/2018, Prof. Dr Stephan Harbarth, a Member of the German Parliament (“Bundestag”) for the Conservative party (“CDU”) was appointed judge at the Federal Constitutional Court (“BVerfG”), where he is since chairing the First Senate (cf. the press release of the BVerfG of 30/11/2018 [German language]). Previously, the majority of the German Bundestag had approved his appointment on 22/11/2018 (see Plenary Protocol 19/65, p. 7447, 7454 [German language]). He was also elected as Vice-President of the BVerfG by the Federal Council (“Bundesrat”) on 23/11/2018 unanimously (see Plenary Protocol 972 [German language], p. 411), which designates him to succeed the current President of the BVerfG after the expiry of the latter’s term of office in two years’ time.

This matter is also of interest for constitutional complaint proceedings 2 BvR 739/17 on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany.

Mr Harbarth, Member of the Bundestag since 2009, was a deputy chairman of the Conservative parliamentary group (“CDU/CSU”), the largest in the German Bundestag, and was also practicing as a lawyer. In the latter function, he was managing partner of the law firm SZA Schilling Zutt & Anschütz and was among the Members of Parliament with the highest additional income. In view of his election as a BVerfG judge and the resulting statutory incompatibilities (cf. sec. 3(4)1 Act on the BVerfG [“BVerfGG”]), he has meanwhile resigned from his seat in the Bundestag and suspended his admission to the bar; he has also departed from the aforementioned law firm.

This was publicly mentioned yesterday by Benjamin Henrion (FFII) on a couple of occasions [1, 2]: “A Unitary Patent Court public consultation in Germany was denied/postponed thanks to Mr Harbarth, a CDU/CSU politician that is now becoming member of the Constittutional [sic] Court, that has to rule on the Stjerna’s complaint! Insane! [...] UPC German Constitutional Court now infected by patent believers “In the past, Mr Harbarth has strongly supported the European patent reform”…”

“It is also worth remembering that a UPC booster, Dr. Ernst, got a high-paying job (Vice-President) by appeasing Battistelli and then Campinos.”Are we seeing interest groups walking in the courtroom? Seeing what they previously did in the Bundestag, it would not even be their biggest scandal to date.

It is also worth remembering that a UPC booster, Dr. Ernst, got a high-paying job (Vice-President) by appeasing Battistelli and then Campinos. He started the job a month ago, becoming subservient after being a fake 'boss' to these two Frenchmen, who are connected to Team UPC. This picture says it all because a very major booster of UPC was all along Michel Barnier (shown below with his fellow Frenchmen):

The three Frenchmen

It’s all about vested interests. The three Frenchmen above have plenty to gain by tilting the court into French presidency (allocated to France, with some rumours about Battistelli being ‘reserved’ for the job). This brings us to the following new comment from Kluwer Patent Blog:

…do not underestimate AC members. AC members may do more than cashing allowance and perks. Some have been smarter and taken their position to advantage to reach top management positions within the EPO.

An interesting case in the history of the relationship between the AC and EPO management is the turning down of the EPO proposal for 3-year deferred examination by the AC. The reason was money : by prolonging pendency, the proposal would have enabled the EPO to collect renewal fees for a longer time, and as you know, the EPO gets 100% of renewal fees for pending applications while it gets only 50% of renewal fees collected by member states after grant.

The EPO has recently launched a new online consultation on this topic, apparently to prepare for a new bid to the AC. It remains to be seen what will be the position of the current president.

The EPO is a corrupt institution; Team UPC is looking to benefit from corruption because all it cares about is increasing the amount of litigation and lowering the patent bar (closely related and correlated to this). What better way than to write the law themselves and put their moles in charge of the entire system, including courts at multiple levels? There’s plenty of money at stake and lawyers wish to tax the public as much as possible.

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. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  2. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  3. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  4. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  5. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  6. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  7. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance



  8. 2020: A Time for Resolutions or Revolutions?

    There are nonviolent means by which the current system can be corrected; we need to convince peers and relatives to change the way they behave and not cooperate with unjust elements of the system



  9. IRC Proceedings: Tuesday, June 02, 2020

    IRC logs for Tuesday, June 02, 2020



  10. The Gates Press (GatesGate) -- Part I: Lost the Job After Writing an Article Critical of Bill Gates for Attacking Some Actual, Legitimate Charities (Because They Had Spread GNU/Linux)

    The sociopaths from the fake 'charity' of Bill Gates would go to great lengths to squash criticism and also to eliminate critics; this series tells the story of some of those personally affected



  11. Don't Fall for the Spin, Microsoft is Laying Off Workers and It's Not Just Because of the Pandemic





  12. All They Want is Litigation, Not Innovation

    It's getting difficult to ignore or to overlook the fact that the 'litigation lobby' (the likes of Team UPC and today's EPO management, guided by groups like the Licensing Executives Society International) doesn't care about innovation and is in fact looking to profit by crushing innovation



  13. Reminder: Microsoft Profits From Crushing Protesters for Donald Trump

    Don't lose sight of the fact that what's going on in the United States right now is very profitable to Microsoft



  14. No, GNU/Linux Isn't at 3% and Windows Isn't at Over 90%, Either

    This ludicrous idea that "Linux" (however one defines it) enjoys just 3% of the "market" is false and it should be treated as laughable spin (it is being widely promoted this week, often by Microsoft boosters looking to make charts where Windows stays at above 90% and Vista 10 is 'gaining'... at the expense of Windows)



  15. Links 3/6/2020: Devuan Beowulf 3.0.0 and Tails 4.7 Released

    Links for the day



  16. Links 2/6/2020: New Firefox Release (77), Debian-based MX Linux 19.2, KDevelop 5.5.2, GNU/Linux Growth on Desktops/Laptops

    Links for the day



  17. Techrights Can Figure Out Source Protection/Anonymisation Whilst Operating Very Transparently

    We're still quite radically transparent whilst at the same time enjoying 100% source protection record; we're also improving the software we use to publish more quickly and efficiently



  18. IRC Proceedings: Monday, June 01, 2020

    IRC logs for Monday, June 01, 2020



  19. This is How GNU Finally Dies

    "Brace for when GNU falls the way that OSI, FSF, FSFE, Mozilla, and the Linux Foundation did."



  20. Latest Microsoft Layoffs Spun as 'Innovation' (There's Always a Positive PR Angle)

    The public is expected to simply ignore the fact that Microsoft is laying off employees (again); instead we're expected to think it's all about Microsoft being very brilliant and innovative



  21. Microsoft Playing the Victim, Irrationally 'Hated' by Victims of Its Abuse

    We're meant to believe that those whom Microsoft bribes against are the opinionated 'haters' and Microsoft is a victim of 'hate'



  22. Links 1/6/2020: Linux 5.7, FOSSlife Born, LibreOffice 7.0 Beta1, Linux Mint 20 Making Early Promises

    Links for the day



  23. Linux Without Linus

    The Linux Foundation seems to be acting like Linus (Linux founder) is somewhat of a liability (forcing him to take a ‘break’ from his own project) while taking even the most notorious proposals from corporations, including those that called Linux a “cancer”



  24. What It Would Take for Linus Torvalds to Leave Linux Foundation Without the Linux Trademark and Without Linux

    It's nice to think that the founder of Linux can just take his project and walk away, moving elsewhere, i.e. away from the Microsoft-employed executives who now "boss" him; but it's not that simple anymore



  25. The Past Does Not Go Away, Except From Short-Term Memories

    People who are drunk on power and money (sometimes not even their own money) like to portray themselves as the very opposite of what they are; but in the age of the Internet it's difficult to make the general public simply forget the past and "move on..."



  26. IRC Proceedings: Sunday, May 31, 2020

    IRC logs for Sunday, May 31, 2020



  27. Links 1/6/2020: OpenMandriva Lx 4.1 2020.05, Linux Lite 5.0 Release, FreeBSD 11.4 RC2

    Links for the day



  28. It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')

    What's wrong about Microsoft isn't its size; what's wrong with Microsoft is its behaviour, which isn't just illegal (crimes are the norm) but also hugely unethical



  29. Lessons of Michael Arrington (About Microsoft)

    Microsoft and Bill Gates have a long history bullying their critics; the quote above (or below) shows how even people who advertise with Microsoft are becoming the target of abuse



  30. 'Best' of Both Worlds: GNU/Linux Freedom + Malware With Keyloggers and DRM

    Running a Microsoft-controlled GNU/Linux instance under Vista 10 ("Windows Subsystem for Linux") in the age of virtual machines, dual boot and containers makes as much sense as chopping some carrots to go with the veal meal to appease vegetarian diners


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