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

03.26.19

Dimitris Xenos on Unconstitutional Supranational Arrangements for Patent Law: Leaving Out the Elected Legislators and the People’s Participatory Rights

Posted in Deception, Europe, Law, Patents at 4:08 am by Dr. Roy Schestowitz

By Dimitris Xenos, School of Law and Social Sciences, University of Suffolk, Ipswich, UK

Dimitris Xenos paper on the European patent system

Summary: A new paper from a British scholar proves to be timely because of the EPO’s violations of the European Patent Convention (EPC) and failed push to force-feed Europe with the unconstitutional Unified Patent Court (UPC)

THE European Patent Office (EPO) has long granted patents in defiance of the EPC and Parliament? Who’s to stop it? It’s structurally above the law, as it has even demonstrated in the highest Dutch court. Who can compel António Campinos to stop granting software patents in Europe? The Parliament/Commission asked for that to stop and it also asked for patents on life/nature to no longer be granted. Did the EPO listen? No, it only pretended to. To keep up appearances.

“The Parliament/Commission asked for that to stop and it also asked for patents on life/nature to no longer be granted. Did the EPO listen? No, it only pretended to. To keep up appearances.”Well, a new paper has just been published [1, 2] to deal with some profound questions. Its author, writing in Twitter this week, spoke of ‘unitary’ patents among other things. It’s “a constitutional examination of the European patent system as well as of unitary patent,” he summarised. Remember that the UPC has already been ruled unconstitutional in the Hungarian court. For Germany this ruling is an ongoing affair. No other country even checked! They didn’t bother checking the constitutional status of what they’re ratifying.

We worry greatly that the EPO is a ‘monster’ out of control. It just grants patents on everything conceivable with the goal of increasing revenue, as we’ve just noted. When the public fights back, e.g. protests in Germany, the EPO invokes its magical “supranational” status. Notice how, as recently as yesterday, press in Munich (IPPro Magazine) referred to “No Patents on Seed” as a “pressure group” (the headline is “Pressure group calls for ending to EPO plant patent ‘legal chaos’”). They keep referring to public interests as “pressure group” and did it several times in recent weeks. We saw that in IPPro Magazine and another site that used similar language. From the article:

Pressure group No Patents on Seed’s report covering conventionally bred patents granted by the European Patent Office (EPO) called for an end to “the legal chaos”.

The report details the plant patents granted by the EPO in 2018 and at the beginning of this year. It called for an end to “further monopolisation of resources for producing our daily food” and “the legal chaos at the EPO”.

No Patents on Seeds’ report also stressed the need for patents granted on processes of genetic engineering to have their scope confined to the specific technical processes.

Patents that cover the process of conventional breeding, as well as on plants an animals derived are prohibited by rule 28(2) for the interpretation of the European Patent Convention (EPC).

According to the report’s findings, around 60 new patent applications covering conventionally bred plants were filed, but none were granted to companies Bayer, Syngenta, or DowDuPont, who have allegedly broken rule 28(2) of the EPC with plant-related patents at the EPO on previous occasions.

No Patents on Seeds alleges that the EPO “was afraid of further public protests against these patents and therefore refrained from granting them”.

The group’s report stressed that EPO president António Campinos “needs to stop ongoing proceedings to ensure that no further such patents are granted”.

Didn’t the European authorities (let alone the EPC) make themselves clear enough? Does Campinos intend to keep pretending he’s above the law and the Office can just do as it pleases? And then it wants to also assert control over the court system, EU-wide (UPC)? Amazing. Dictatorial.

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. Techrights' Interpretation of Koch v EPO: The EPO's Management Still Attacks Staff Representatives

    The EPO hopes to get its victims (of EPO abuse) to not only foot their own bills but also the EPO's



  2. Understanding Thierry Breton: “Mister Cash” Arrives at France Télécom

    The psychological harassment of the France Télécom workforce led the "suicide wave" after Breton had left France Télécom



  3. The Breton-Battistelli Relationship and Breton Hiding His Employment Record at Rothschild & Cie Banque

    EPO scoundrels such as Battistelli are closer to Breton than most people care to realise; Breton is hiding part of his career ahead of today's grilling



  4. A Lot of EPO Staff on Dutch Land Protested (Despite Abusive Threats From Management) and a Strike is Reportedly Next

    EPO management in Rijswijk tried hard to prevent workers from protesting on their free time (lunch break), reaffirming that same old belief that nothing is changing at the EPO and nothing will change without truly disruptive action



  5. IRC Proceedings: Wednesday, November 13, 2019

    IRC logs for Wednesday, November 13, 2019



  6. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  7. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  8. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  9. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  10. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  11. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  12. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  13. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  14. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  15. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  16. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  17. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  18. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  19. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  20. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  21. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions



  22. IRC Proceedings: Monday, November 11, 2019

    IRC logs for Monday, November 11, 2019



  23. Links 12/11/2019: Sparky 2019.11 Special Editions and Twisted 19.10.0 Released

    Links for the day



  24. Microsoft's Abduction of the Voice of Its Opposition Highlights the Urgency of the Movement/Campaign to Delete GitHub

    Microsoft understands that by entrapping FOSS and GNU/Linux inside proprietary software platforms like GitHub and Azure it can utilise the false perception that it somehow speaks on behalf of both (whilst attacking both)



  25. IRC Proceedings: Sunday, November 10, 2019

    IRC logs for Sunday, November 10, 2019



  26. SUEPO Protests Against Management of the European Patent Office Brought Back Discussions About Corruption

    The atmosphere at the second-largest institution in Europe has long been toxic; now it is becoming a lot more visible again and comments highlight the reasons for the cover-up (gross misuse of billions of euros)



  27. Links 11/11/2019: Linux 5.4 RC7, HandBrake 1.3.0 and Analysis of XFCE

    Links for the day



  28. Links 10/11/2019: digiKam 6.4.0, OpenMandriva Lx 4.1 Alpha and OpenZFS Plans

    Links for the day



  29. Video: Dutch Media on EPO Protest

    The new video added by SUEPO on Saturday in order to show Dutch media coverage of last week's protest in The Hague



  30. Politics in the Workplace Are Not Paradoxical and Outside the Workplace They Are Free Speech

    The safest space is one in which no other human (or creature) exists, but in reality we must make compromises and accept that not everyone will agree with us 100% of the time (so we must learn to live with that)


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