Bonum Certa Men Certa

Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

Prof. Dr. Thomas Jaeger
Prof. Dr. Thomas Jaeger



What news have we heard from the Unified Patent Court (UPC) lately? None, other than there is yet another holdup from yet another constitutional complaint in Germany? Or, none, other than the Court of Justice of the European Union (CJEU) has by now repeatedly indicated that the model is incompatible with EU law? True: ten years into the UPC Agreement, all is still on hold and functional, and legal challenges are as unresolved as ever. But no news in this case is good news, it allows time to ponder alternatives. One alternative is actually quite obvious: the Benelux Court of Justice, which just gained significant new powers in mid-2018. This article looks at the lessons to be learned from the Benelux Court and outlines a Benelux-plus Patent Court as a legally safe alternative to the UPC.

Summary: The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same

According to Team UPC (a fake news/propaganda mill which evades very simple questions): "The Unified Patent Court (UPC) will be a court common to the Contracting Member States and thus part of their judicial system."

A fake "common" court? This official page tells lies.

"Maybe it would be a good idea to mirror Jaeger's paper," found here, according to a reader. "Jaeger argues that the UPC is not a common court as they pretend because it is not linked to National Courts, as (for example) the Benelux court."

Here's a copy of it; the public deserves access, which is imperative to rebuttal of lies.

"We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past."The Court of Justice of the European Union (CJEU) "could strike it down, as the design of the EU is "CJEU+national courts"."

Prof. Thomas Jaeger thinks so. And he warned about it 5 years ago as well.

This is legal chaos and hackery.

We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past. Too many times before (to be worth repeating). Do not be misled by a high quantity of fake (worse than low-quality) self-serving lies.

As our reader notes, even if the UPC ever runs, there is hope of halting it very fast. It's simply not compatible. As someone put it in comments the other day: "All aboard the Titanic!"

The next comment said: "Time for an appeal to the Austrian Constitutional Court?"

DXThomas then wrote:

It is amazing to see how UPC proponents want to push it through at any cost, and want to ignore the problem of Art 7(2) UPCA. When looking at Art 6(1) ECHR, how can it be justified that the crystal clear wording of Art 7(2) UPC is to be ignored? A first year law student would blush if he came up with the theory of the provisional allocation of the London duties to Paris/Munich.

How can such legally qualified people come up with such legal nonsense? What do the judges think who applied for a job at the UPC?

The UPC proponents act exactly like the Polish government by superbly ignoring the notion of of legally appointed judge.

How can a court be conform with Union law if one of its members can be removed from office without offering him any means of redress? See Art 10 of the statute of the court = Annex I to the UPCA.

The financial interests of the UPC proponents must be extremely high in order to persist in such a way that they ignore fundamental aspects of the legality of the judicial.


Team UPC is just being very loud because public comments keep correcting it, so it's trying to compensate by sheer volume, believing that shouting down the truth will be worthwhile. FAKE IT TILL YOU MAKE IT? Courts don't work that way and the law is on the UPC opponents' side. The "sceptics" know how constitutions and courts work. We may not have as many lobbyists and a generous "fake news" budget, but justice will prevail at the end, as it has for over a decade already.

Recent Techrights' Posts

Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
 
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
Downlplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day
Links 28/08/2025: Greenland 'Interferences' by US and Skinnerboxes to Get Banned in Korean Schools
Links for the day
Richard Stallman (RMS) Talk in Ethereum Cypherpunk Congress Will be Remote
This past week RMS received lots of accolades online
The Register MS (Run by Microsoft Operatives): Free Software is Putin, Hence Evil and Dangerous
The current editor in chief is an American Microsofter, the previous one went to work for Google (US)
Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025