07.16.20
Gemini version available ♊︎Commissioner Thierry Breton, Acting Like a Patent Maximalists’ ‘Mole’ (as Expected All Along), is Now Formally Lying for Team UPC (Updated)
This cannot possibly help the credibility of the European Commission
Summary: The rogue Commissioner who was put there by people in positions of power (to perpetuate their power) is doing exactly what we’d expect from officials who work against the people (like a force of occupation rather than service, as in public service)
THE old ally of European Patent Office (EPO) President Benoît Battistelli is now controlling a key seat at the European Commission. This won’t end well. António Campinos is also selectively quoting people, such as the misguided justice minister who attacks both the law and the constitution of Germany.
“In a sense, they doom their own credibility and future legitimacy.”What has Europe sunk to? As per this report, based on this reply from Breton (they use Microsoft’s OOXML in the Commission/Parliament!! “Answer given by Mr Breton”), facts don’t matter. The general attitude is, let’s tell a bunch of lies:
The European Commission’s answer reads as follows:
“The unitary patent will be an effective tool for businesses to protect their inventions on the European market at a competitive price, and the Unified Patent Court will offer the possibility for these businesses to enforce their patents at a European Union level, thereby enhancing legal certainty and reducing costs. It will further boost innovation in Europe, which will be key for the economic recovery following the COVID pandemic.
The Commission is of the view that the withdrawal of the United Kingdom from the European Union does not affect the ratification process of the Unified Patent Court Agreement in Germany. The United Kingdom signed and ratified the United Patent Court Agreement when it was still an EU Member State and in its capacity of Member State. The United Kingdom has ceased to be an EU Member State and, therefore, will not participate in the unitary patent system after the end of the transition period, given that participation in that system, including the Unified Patent Court Agreement, is only open to EU Member States.
There’s “no reference to the Withdrawal Agreement of course,” Benjamin Henrion told us, as “the Withdrawal Agreement only specifies the UK has to respect EU law and EU law includes international agreement signed by the EU, or a group of member states but international agreements not in force cannot be reasonably considered EU law as the law is not active…”
So there are now two authorities — not only one — that spread lies for personal agenda. The laws, the constitutions, and even pertinent facts don’t seem to matter to them. In a sense, they doom their own credibility and future legitimacy. Then they wonder why things like ‘Brexit’ happen… █
Update: Bristows is quick to sensationalise Breton's same old words in two sites, its own (Gregory Bacon) and Kluwer’s (unnamed author but almost simultaneous).