Bonum Certa Men Certa

Further Complications Ahead for Team UPC as Unitary Patent-Type Plans Become Untenable and Complaints Pile Up

Even potential successors of UPCA (fallbacks and alternatives, new lipstick on a pig) would never fly

Concealer



Summary: The European Commission is asked about the UPC's demise and Bristows carries on with the lies and ridiculous spin (after nearly two months of silence)

THE European Patent Office (EPO) has not mentioned the UPC since March (when the Benoît Battistelli-chosen President António Campinos made some ridiculous statement about the FCC's historic decision). Is Battistelli still alive? And out of prison? The people whom he used to break laws are in prison, but miraculously enough this thug is in a law school (the very top of it; a law school run by a criminal!), presumably waiting for UPC, which this school still promotes.



"Don't fall for optimistic lying by Team UPC."In any event, the UPC is dead and future attempts at it seem dead in the water, too. Don't fall for optimistic lying by Team UPC. "Parliamentary question on Unitary Patent Court and Germany," Benjamin Henrion noted today, soon quoting his older press release that said: "the Member States no longer have the right, acting individually or even collectively, to undertake obligations with third countries which affect those rules or alter their scope."

Patrick Breyer's question to the Commission said this:

Parliamentary questions

Question for written answer

to the Commission Rule 138 Patrick Breyer

Subject: The future of the Unified Patent Court (UPC)

The Agreement on the Unified Patent Court (UPCA) has been ratified by 15 Member States and the United Kingdom, but will not come into force until it has been ratified by Germany. According to EU case law (Court of Justice of the European Union Case 22/70), Member States must not enter into agreements with third countries that affect EU rules or alter their scope. The UK is now considered a ‘third country’ under Article 216 of the Treaty on the Functioning of the European Union. While the EU may jointly assume obligations with the UK with respect to patent litigation, Member States no longer have a right to do so.

1. Can the Commission confirm that Germany no longer has the right to ratify the UPCA?

2. Is the Commission going to advise the German Government not to ratify the UPCA as it stands?

3. If Germany ratified the UPCA in its existing form, would the Commission launch an infringement procedure against it?


Each of these questions presents an issue for the UPC.

"Note how Bristows continues to mock the UPC complaint/complainant, reaffirming that same old Bristows bitterness over the collapse of the UPC."Team UPC is well aware of it, but it just doesn't mention that. There's a new spin pattern. It's related to future or follow-up complaints.

But as noted only hours ago by Gregory Bacon of Bristows, there are more complaints on the way, shall they become necessary (at the moment the UPC is mostly drowned, likely for good). Note how Bristows continues to mock the UPC complaint/complainant, reaffirming that same old Bristows bitterness over the collapse of the UPC. No wonder staff fled the firm, seeing what a sham it is. We once heard that these people had spread rumours about the complaint being tied to Russia or something (classic Red Scare). They also tried to associate it with the far right in Germany (AfD). Here's the part about "a further constitutional complaint [which] may be filed":

It has been reported that the complainant has indicated that a further constitutional complaint may be filed, saying: “The court did not even rule on the substantive complaints and even hinted at further constitutional deficits of the agreement. It remains to be seen what conclusions the federal government will draw from this decision. If, despite these problems, the German government continues to adhere to the Convention, a new constitutional review by the Constitutional Court will have to be considered, possibly of a complaint from a company.”

The potential grounds for a further complaint are not immediately clear. Even if some of the inadmissible arguments were able to be overcome by the complainant being a company rather than an individual (as the complainant’s remarks suggest), the Senate’s comments (above) on the UPC Agreement’s compliance with the Basic Law do not indicate any obvious problem in that respect. However, the Senate did state (paragraphs 141 and 166) that it did not decide (as it was not necessary) whether the UPC Agreement’s provisions that establish the primacy of EU law violate the Basic Law.

If a new complaint was filed before the UPC system started, this could of course, even if unsuccessful, delay the start.


It would "delay the start"?

Start of what?

"This whole thing is a cautionary tale about how precarious democracy is in Europe."Are you still living in fantasy land?

The article repeats the lie which we mentioned the other day. They try to make the UPC's collapse seems like merely a procedural fluke.

These liars need to be confronted and corrected, not ignored. For years they've lied, cheated and even advertised job openings for jobs that did not exist and would not exist. They also floated fabricated rumours as part of their lobbying push. We may soon work on a book chapter about all that deception and the UPC's collapse (for scholarly publication). This whole thing is a cautionary tale about how precarious democracy is in Europe.

Recent Techrights' Posts

Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
 
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles
Today (a Day Before Richard Stallman Talk at TUM) There's a Patent Propaganda Event at TUM
Perhaps an opportunity for Dr. Stallman to rebut this "invention to patent" nonsense/fantasy (conflating monopolies with innovation)
OpenSource or "Open Source" as a Brand is Dying, Let's Get Back to Talking About Software Freedom
Those of us who actually want to reform the industry and put users in control of their systems/devices will recognise that "Open Source" was selling a lie or got-co-opted by liars
19 Years in Numbers: Techrights' Anniversary Countdown and Retrospective
In 2019 we began improving our workflows and, accordingly/predictably, we became a lot more productive
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025