Bonum Certa Men Certa

German Decision on Unitary Patent/UPC Will Take Years (and It Doesn't Matter Because the Whole Thing is Dead Already)

Video download link



Summary: Kluwer Patent Blog's Dr. Bausch explains why the UPC is pretty much doomed, as it cannot be ratified any time soon and probably will never be ratified either (for a multitude of reasons, including Brexit)

THIS afternoon we saw this article by Thorsten Bausch (Hoffmann Eitle), showing and explaining why the FCC (Germany's constitutional court) won't be deciding on the two constitutional complaints (against UPCA) any time soon.



"All they have left now is paid-for lies. Don't listen to them."We've decided to respond in a one-hour video, which includes a bit of background information. Dr. Bausch has long protested against EPO injustices and UPC lies. And just like us, he predicted it wouldn't get started. He now says (and includes a screenshot that shows) "the FCC has just published its annual overview, i.e. a list of proceedings that it intends to decide in the course of 2021. It traditionally publishes this list in February of each year, and equally traditionally it is incapable of deciding even half of these cases by end of the same year. This has led to the unofficial name of this list, i.e. “Lügenliste” (Liar’s List), which may be a bit harsh, but sometimes jokes are like this. Nonetheless, while the list is not necessarily indicative of the cases that will be decided in the year to come, it is of value for the cases that will not be decided, i.e. those cases that we know have been filed but do not (yet) appear on this list. For example, the two constitutional appeals on the *new* UPCA ratification law. Thus, if I may dare making any recommendation to the stakeholders and judges that have been preparing for the imminent enactment of the UPCA for years, it is: relax and look to other plans for the near to mid-term future. While I have already won my unofficial bet that the new Berlin airport will open before the UPCA will enter into force, my second bet that UPCA will come before Stuttgart 21 (currently predicted for 2026) is still running, and it is possible that I will lose this one. This will not be over any time soon, all the more so since the Case Load of the responsible 3rd Department of the FCC, even to the extent shown on the list, is pretty crazy: A constitutional complaint against the marketing approval of a generic veterinary medicament, two disputes in regard to the government’s obligations to inform the Bundestag about its plans to act against human traffickers in the mediterranean, a dispute in regard to a state law of Bremen prohibiting the turnover of nuclear fuels in its ports, various constitutional complaints against CETA, another constitutional complaint against a decision of the FCJ and CJEU declaring an arbitration clause in an investment protection agreement between Slovakia and the Netherlands inapplicable under EU Law, several referrals of courts and the Parliament in regard to the “Mietendeckel” of Berlin (rent cap) – and five more constitutional complaints, of which at least four have appeared on the “annual overview” for years.

In short, don't expect the UPC to have any news associated with it. Bristows' UPC blog has been inactive for months, it's composed by individuals who work for Europe's most notorious patent trolls, and there's virtually no press coverage on the matter. Well, there's nothing to report. This morning we saw Bristows spreading some more UPC lies in a paid placement. All they have left now is paid-for lies. Don't listen to them.

Recent Techrights' Posts

Links 19/11/2024: War on Cables?
Links for the day
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
 
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024
Links 18/11/2024: Science News and War Escalations in Ukraine
Links for the day
Gemini Links 18/11/2024: Degrowth and OpenBSD Fatigue
Links for the day
Technology: rights or responsibilities? - Part VII
By Dr. Andy Farnell
BetaNews is Still 'Shitposting' About Trump and Porn (Two Analysers Say This 'Shitposting' Comes From LLMs)
Probably some SEO garbage, prompted with words like "porn" and "trump" to stitch together other people's words
Market Share of Vista 11 Said to be Going Down in Europe
one plausible explanation is that gs.statcounter.com is actually misreporting the share of Vista 11, claiming that it's higher than it really is
Fourth Estate or Missing Fourth Pillar
"The term Fourth Estate or fourth power refers to the press and news media in explicit capacity of reporting the News" -Wikipedia on Fourth Estate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 17, 2024
IRC logs for Sunday, November 17, 2024
LLMs Are Not a Form of Intelligence (They Never Will Be)
Butterflies are smarter than "chatGPT"
Business Software Alliance (BSA), Microsoft, and AstroTurfing Online (Also in the Trump Administration Groomed by BSA and Microsoft)
Has Washington become openWashington? Where the emphasis is openwashing rather than Open(Source)Washington?
Windows at 1%
Quit throwing taxpayers' money at Microsoft, especially when it fails to fulfil basic needs and instead facilitates espionage by foreign and very hostile nations