09.14.20

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Team UPC Wants Germany to Break International Law

Posted in Deception, Europe, Patents at 3:48 am by Dr. Roy Schestowitz

Law violated

Summary: Team UPC is reaching the lowest of all lows; from lies to fraud they’ve succumbed to advocacy of breaking international law (they no longer deserve the category called “law firms”)

THE other day we wrote about the hoax posts from Team UPC, pretending there’s UPC “progress” and also that a bunch of people having a webchat is a formal “meeting”. There were many other lies thrown into those blog posts, which were bound to earn condemnation from the clinically sane.

Well, as expected, all comments disagree with the ‘article’ (AstroTurfing by Bristows or similar) and the first comment notes: “It seems that the UK is not alone in being prepared to break international law!”

Bristows et al have repeatedly done — and occasionally pushed for — illegal and unconstitutional things. No wonder staff resigned (left, retired, became silent). They should be ashamed of themselves. In spite of all the cheating, they failed to accomplish their goal. They wasted loads of time and if in their own minds they’re worth $300 an hour (they’re not), then they’ve lost a lot of money as well.

On wheelchair parkingThe first comment also notes: “Errr… are we not ignoring rather insurmountable problems with the “Entry into force” provisions of the Protocols, such as Article 3(1) of the PAP: “This Protocol shall enter into force the day after 13 Signatory States of the Agreement on a Unified Patent Court including Germany, France and the UNITED KINGDOM, have either ratified, or informed the depositary that they have received parliamentary approval to ratify, the Agreement on a Unified Patent Court and have a. signed in accordance with Article 2(2)a. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.; or b. declared by means of a unilateral declaration or in any other manner that they consider themselves bound by the provisional application of the articles of the Unified Patent Court Agreement mentioned under Article 1 of this Protocol.”

“The UK is still a “Negotiating State” in the sense of Article 1(e) of the VCLT. The UK has not given its agreement for the international treaties whose texts it took part in drawing up and adopting (the UPCA and the two associated protocols) to enter into force. Thus, in addition to entry into force now being contrary to a literal reading of the relevant provisions of the Agreement and Protocols, there would appear to be no basis for entry into force under Article 24 VCLT.”

Basically, Team UPC happily advocates breaking international law. But they have done even worse things in the past…

The next comment points out that “[i]n the Italian announcement “Announcement of Milan candidacy to the seat of the UPC”: “it [the Preparatory Committee] approved a provisional redistribution of the competence of the London office between the existing offices in Paris and Munich”

“Basically, Team UPC happily advocates breaking international law. But they have done even worse things in the past…”“The Preparatory Committee does not have the competence to distribute tasks from London to Paris+Munich. This is not legal. And Italians are being screwed, as a promise to have the seat in Milan after the UPC enters into force is not legally binding.”

We covered this before. But Team UPC will carry on lying and lying and lying in public…

For instance, last month UPC hopefuls wrote this trash about the UPC as if it’s about the exist, having miraculously been passed. It says “UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPCA and the UPC Rules. The main seat of the central division will be Paris with further seats in Munich and one other participating member state (previously this was London until its recent withdrawal from the UPC system).”

Oh, really? This is not legal.

“When these lawyers not only lie but also break the law and courage others to break international law, what are we supposed to think of patent lawyers?”It further notes: “The work of the central division will be divided according to the subject matter of the patent in dispute based on IPC classifications: the seat previously assigned to London (but now possibly to be located in Milan) will deal with patents falling into International Patent Classification of WIPO sections (A) Human necessities (including pharmaceuticals but also foodstuffs, tobacco, clothes, furniture, footwear, some agriculture applications and sports and amusements and much more – see here) and (C) Chemistry (which includes genetic engineering) and Metallurgy – see here. Munich will hear cases involving patents in IPC class F, concerning mechanical engineering. All other patent classifications will fall to be heard before the Paris central division.”

Who made this up? Who agreed on such a thing? The same litigation profiteers who choose something illegal?

Of course we can point out that the longer they do this, the more they disgrace themselves, framing themselves as illegality firms rather than law firms.

This is a total embarrassment to Europe, no better than the EPO in Munich. When these lawyers not only lie but also break the law and courage others to break international law, what are we supposed to think of patent lawyers?

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