Gemini version available ♊︎

Why the Unified Patent Court (UPC) Cannot Enter Into Force, Based on the UPC Agreement Itself

Posted in Deception, Europe, Law, Patents at 3:05 am by Dr. Roy Schestowitz

Protocol to the Agreement on Unified Patent Court on provisional application
There’s only one country called “United Kingdom”

Summary: Carefully examining, based on or right from the worse’s own mouth, why UPC cannot proceed; those who try to proceed in violation of the law (and against the Vienna Convention, never mind constitutional violations and doctored 'studies') are only embarrassing themselves and discrediting the notion that Europe respects the Rule of Law, even international law

THE “Protocol to the Agreement on Unified Patent Court on provisional application” [PDF], which we present below as text, isn’t too convenient to António Campinos, who misuses the EPO‘s Web site to lobby for Team UPC; it’s all over the front page of the EPO’s site in at least 5 (maybe 6) “news” items and “site updates”. Just like Benoît Battistelli before him, he’s willing to break the law, violate constitutions, and these people even suggested rewriting (retrofitting) constitutions to allow the UPC. Their goal isn't to help SMEs but to ram European software patents down our throats whilst inviting patent trolls to Europe, mostly to Germany, to blackmail companies with “unitary” effect (i.e. outside Germany as well). Who stands to benefit? Don’t check the doctored ‘studies’, which are doctored by admission of those who did them (based on leaks).

“It’s trying to compensate for actual facts using an endless barrage of fake news headlines (disinformation), but truth remains the strongest disinfectant.”There are so many different issues and obstacles preventing the UPC from becoming a reality; even Team UPC knows it (it’s fully aware), but it hopes nobody will pay attention. It’s trying to compensate for actual facts using an endless barrage of fake news headlines (disinformation), but truth remains the strongest disinfectant.

Here is the PDF above as text/HTML:

Protocol to the Agreement on a Unified Patent Court on provisional application

The undersigning Signatory States of the Agreement on a Unified Patent Court, hereinafter referred to as the Parties,

CONSIDERING that the Unified Patent Court should become fully operational upon the entry into force of the Agreement on a Unified Patent Court;

CONSIDERING the need to provide a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court before the entry into force of the Agreement on a Unified Patent Court;

ACKNOWLEDGING that the provisional application of a treaty is an instrument suitable to ensure such a smooth transition;

ACKNOWLEDGING that the use of provisional application is in accordance with customary international law;

ACKNOWLEDGING that such provisional application can be limited to certain parts of a treaty where the negotiating States have in some manner so agreed;

CONSIDERING that provisional application should only come into force when 13 Signatory States of the Agreement on a Unified Patent Court have approved this protocol and only among those Signatory States where the Governments have received parliamentary approval to ratify the Agreement on a Unified Patent Court.

CONSIDERING that the provisional application should concern only the institutional, organisational and financial provisions of the Agreement on a Unified Patent Court and should be limited to what is strictly necessary to ensure the smooth transition into the operational phase.


Article 1 – Provisional application of the Unified Patent Court Agreement

Article 1-2, 4-5, 6(1), 7, 10-19, 35(1, 3 and 4), 36-41 and 71(3) of the Agreement on a Unified Patent Court and Article 1-7(1), 7(5), 9-18, 20(1), 22-28, 30, 32 and 33 of the Statute of the Unified Patent Court shall enter into provisional application among the Parties that have completed the requisite procedure referred to under Article 3(1), upon the entry into force of this Protocol.

Article 2 – Signature and consent to be bound

(1) This Protocol shall be open for signature from October 1 2015 by any Signatory State of the Agreement on a Unified Patent Court.

(2) Consent to be bound by this Protocol may be expressed, without prejudice to paragraph 3 and Article 3(1)b, by

a. signature; or
b. signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval.

(3) Consent to be bound by the provisional application of the articles of the Agreement on a Unified Patent Court mentioned under Article 1 of this Protocol may be expressed by a unilateral declaration.

(4) Instruments of ratification, acceptance or approval of this Protocol or the unilateral declaration mentioned in paragraph 3 shall be deposited with the General Secretariat of the Council of the European Union, hereinafter referred to as the depositary.

Article 3 – Entry into force

(1) 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.

(2) In respect of any Party which subsequently after the entry into force of this Protocol completes the procedure referred to in (1), this Protocol shall have effect on that Party from the date when the Party has completed the said procedure.

(3) This Protocol and the provisional application it prescribes shall have effect only with regard to Parties having completed the requisite procedure referred to in (1).

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.

Done at Brussels October 1st 2015 in the English, French and German languages, all three texts being equally authentic, in a single copy, which shall be deposited with the depositary who shall transmit a certified true copy to all Signatory States of the Agreement on a Unified Patent Court.

Authored by “UPC” (see metadata), the document was created using “Microsoft Word 2007″ (yes, software from 15 years ago!) and it speaks of “unilateral declaration” without taking any constitutional aspects into account.

This isn’t about creating a legal system; it’s about breaking the legal system.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New

  1. After Freenode's Demise It's OFTC That's Gaining in IRC, Not Libera.Chat

    IRC 12 months after the dust 'settled'

  2. Finland Turns 18

    This summer in Finland there seem to be changes

  3. Copyleft is Still Better and More Suitable for Business

    Copyleft does not mean one cannot make money; it just means proprietary software companies such as Microsoft stand to lose their dying empires, only to be replaced by new businesses that market and support GPL-licensed systems

  4. With New Data Just in (a Couple of Hours Ago), It Seems Clear Microsoft Windows Continues to Lose Market Share in July

    As shown above, Windows continues its demise; there’s also rapid erosion of Windows "market share" in Russia this year (“Russians [are] switching to Linux”) and sooner or later Windows will be just a quarter of the market (maybe by year’s end). Windows is at 10% in Turkey (down by a huge amount this year) and in Russia it’s down by about 5% since the war. In India GNU/Linux (“proper”, not ChromeOS) is up to nearly 5% of desktops/laptops.

  5. Links 02/07/2022: PSPP 1.6.2 Released, Linux Mint Rejects Parts of Systemd, Lots of Politics

    Links for the day

  6. Walking Like the Talking, Acting Like One's Preaching

    It has now been about 2 years since lock-downs in the world's Western nations were first loosened or lifted; we've thankfully taken advantage of all that commotion (persistent flux; we've not solved the underlying issues) to expand beyond and Web and become self-hosted wherever possible

  7. IRC Proceedings: Friday, July 01, 2022

    IRC logs for Friday, July 01, 2022

  8. EPO Steering Off the Road, Just Like the Drunken Son of António Campinos, Who Crashed the Car and Begged for Impunity

    With the EPO rapidly turning into a corrupt dynasty of rogue politicians, lawyers and bankers (not scientists) we must turn to constitutions and treaties that they knowingly violate with impunity

  9. Koch Operatives Working to Shape Patent Law in Favour of Monopolies and Oligarchs

    Patent systems are being hijacked by monopolists and plutocrats for their financial gain and protectionism; it's a longstanding issue because it begets constitutional violations (glossed over by bought or installed "Justices", which is another creeping threat, especially in light of recent developments in the US Supreme Court and patently, manifestly illegal actions by Team UPC)

  10. At the EPO, “Online” Means Microsoft Windows Only (“Unitary Patent” Also Limited to Microsoft Customers!)

    The EPO's "special" (corrupt) relationship with Microsoft is a major liability for Europe; does one need to adopt back doors and US surveillance to interact with the EPO?

  11. Microsoft GitHub Exposé — Part XXII — 'Mr. GitHub Copilot' Balabhadra (Alex) Graveley Pleads Guilty After Assaulting Women

    Balabhadra (Alex) Graveley from Microsoft GitHub (the man behind the GPL violation machine called “Copilot”) has “pled guilty to get deferred sentence”

  12. Links 01/07/2022: Russians Switching to GNU/Linux, New WINE Release

    Links for the day

  13. Links 01/07/2022: More Widespread Calls to Delete GitHub

    Links for the day

  14. [Meme] President Crybaby

    EPO President António Campinos, who constantly assaults the EPO’s staff, has portrayed himself as a poor victim of “hostile” staff (reversal of narratives)

  15. People Are Very Angry That Campinos Was Left in Positions of Power Without Any Competition and in Spite of Failing to Fulfill Essential Goals

    As predicted, people are infuriated by the decision of the Administrative Council to give Campinos several more years to destroy the EPO and its reputation (while moreover pushing a totally illegal and unconstitutional patent court system, which severely harms the image of the European Union)

  16. Microsoft Windows is a 'Burning Platform' (Both on the Server Side and the Client Side)

    'Burning platform' is a derogatory term from Microsoft's Elop; ironically, today's 'burning platform' is actually Windows, even if the corporate media isn't talking about that

  17. Links 01/07/2022: Nitrux 2.2.1 and Raspberry Pi Pico W Chatter

    Links for the day

  18. Links 01/07/2022: Wayland 1.21.0 and SteamOS 3.3 Beta

    Links for the day

  19. IRC Proceedings: Thursday, June 30, 2022

    IRC logs for Thursday, June 30, 2022

  20. [Meme] EPO Election (Auction)

    The corruption at the EPO did not end with Benoît Battistelli‘s departure; it’s still deepening

  21. Links 01/07/2022: Condres OS 1.0 and Microsoft Losing More Share in Web Servers

    Links for the day

  22. Published 10 Minutes Ago: IRCNow by Aaron Lin

    This talk was uploaded moments ago. “Of the users, by the users, for the users…”

  23. Links 30/06/2022: PostgreSQL 15 Beta 2

    Links for the day

  24. Links 30/06/2022: Pine64 Has RISC-V-Based Raspberry Pi Rival, Pico W Introduced

    Links for the day

  25. IRC Proceedings: Wednesday, June 29, 2022

    IRC logs for Wednesday, June 29, 2022

  26. It's 2022 and Installing Software in GNU/Linux Has Never Been Easier

    GNU/Linux is easy to use and extend; the above demonstrates how new software gets installed, removed, and updated in KDE Neon

  27. Sitting Down Less

    Avoiding long periods of sitting down is important for one's health, especially in sedentary lifestyles or jobs

  28. Microsoft Windows Market Share in Russia in 2022: Down From 55% to 50% in 5 Months

    As June ends (last day today) let’s examine the rapid demise of Windows in Russia, even before the exodus media speaks of this week (an ongoing story)

  29. European Patent Office is a Kakistocracy Illustrated

    Benoît Battistelli and António Campinos aren’t just a “dark era” for the EPO; they might in fact be the end of the EPO, having made corruption the “new normal” or “new ways of working”

  30. [Meme] EPO Rewarding Corruption Instead of Upholding the Law and Protecting the European Patent Convention (EPC)

    Wednesday proved that the EPO actively guards corruption and protects Team Battistelli from scrutiny; instead of standing for patent law the EPO under António Campinos stands for overt violations of the law; national delegates are fine with it as long as they’re personally rewarded for complicity

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts