Bonum Certa Men Certa

[Meme] Team UPC: Nothing Can Stop Us!!!

Team UPC



Summary: No matter how much Team UPC lies and fakes things, the comments it is attracting are consistently negative, unfavourable (basically "calling out their bullshit")

See all the comments here (commenting period has just ended):

Attentive Observer FEBRUARY 23, 2022 AT 11:19 PM It will be interesting to see who will chair the AC? I think the former tenant of the 10th floor in Munich might be too old. I take bets that he would like an honorary chairmanship and why not a BB passage like it exists a Kurt Haertel Passage in Munich!




Patent robot FEBRUARY 24, 2022 AT 8:58 AM Is all this legal?




Concerned observer FEBRUARY 24, 2022 AT 11:37 AM A good question to which I predict there will never be a satisfactory answer. This is because I have no doubt that the governments of the Participating Member States will exert their influence to ensure that the question falls between one of the numerous cracks between the different (national, international and EU) legal systems that govern the UPC.




Attentive Observer FEBRUARY 25, 2022 AT 12:01 AM I am not too sure that there are so many cracks. What if a national jurisdiction refuses the exequatur of decision taken in Paris and/or Munich in IPC files in classes A and C? National jurisdictions regularly refer prejudicial questions to the CJEU about SPC. It would be surprising if the UPC would not need to do the same. In all courts of member states, there is a double degree of jurisdiction, with a revision instance above. This is not the case for the UPC of for the BA of the EPO. Just compare trademarks: EUIPO, its internal BA and eventually Luxembourg. What seems to have been necessary for a EU TM system should not be valid for a “EU” Patent? You must be joking.




Concerned observer FEBRUARY 25, 2022 AT 10:50 AM Attentive, I agree that IN THEORY there should not be quite so many cracks. However, we are talking here about practice.

To illustrate, consider that ALL of the EPC Member States are party to the ECHR, and the majority are EU Member States. Nevertheless, they have presided over the imposition of measures that deprive EPO staff of human rights that are enshrined in both EU law and the ECHR. And, thanks in large part to a highly “political” decision of the Dutch Supreme Court, they have escaped accountability for doing so.

I do not yet know how, but I am pretty sure that similar tricks to escape accountability will be employed in connection with the UPC. The politicians simply have too much invested in the UPC project for the outcome to be otherwise.

Of course, I could be mistaken. For example, it would be quite something if the CJEU were to rule that it could not consider preliminary references from the UPC, on the grounds that the UPC is not a court common to the EU Member States. However, are we sure that the UPC will risk this outcome? Might the UPC’s judges instead refuse to submit preliminary references to the CJEU, even when they ought to be obliged to seek an opinion from the CJEU on a point of EU law? What could any litigant do in that situation to ensure that their rights under EU law are respected? Would this then come back to a situation where what actually happens is a far cry from what the law says SHOULD happen?




Attentive Observer FEBRUARY 24, 2022 AT 6:08 PM As long as those wanting the UPC declare it is legal, it will be legal. Reasonable doubts are however permitted that the UPC is in conformity with EU law. It seems to need more than a reference to the supremacy of EU law to insure that it is actually the case! It is amazing to see how the supporters of the UPC superbly ignore the open issues which exist. In certain circles, auto-suggestion seems to be a favourite topic. It reminds of a proprietor repeating that claim 1 is novel in the hope that the self-professy suddenly becomes true!




Patent robot FEBRUARY 25, 2022 AT 9:25 AM I was actually thinking about this sentence of the UPC website (28 October 2021):

“The Chairman presented a draft Declaration on the authentic interpretation of Art. 3 of the PAP-Protocol, following the United Kingdom’s withdrawal from the Unitary Patent System. In line with public international law, this Declaration will confirm the entry into force of the PAP-Protocol, once the required 13 Member States become bound by said Protocol, recognizing that Art. 3 of the PAP-Protocol is to be interpreted as mirroring Art. 89 of the UPCA. The delegations supported the approach proposed by the Chairman, hence giving him the mandate to organize a signing ceremony of the Declaration, foreseen in the margins of a future COREPER meeting.”

Has the Declaration been signed? If not, how could the PAP-Protocol have entered into force?




zoobab FEBRUARY 25, 2022 AT 12:05 PM There is new jurisprudence in PL Holdings of the CJEU regarding international courts that have to interpret EU law:

https://ffii.org/pl-holdings-european-court-of-justice-confirms-eu-law-cannot-be-outsourced-to-international-courts-like-unified-patent-court/

The opinion of the AG in PL Holdings was already mentioned in the Jaeger paper.

Supporters of the UPC claims the court is part of the “judicial system of the European Union”, but a common court ***has to*** talk to National Courts to be considered part of the system.


The opinion of the AG in PL Holdings was already mentioned in the Jaeger paper.

Recent Techrights' Posts

Twitter (X) is Dying, Now It's Just Like a Mafia-Type Operation of the Man Who Does Nazi Salutes in Public
a form of extortion
The Price of Exposing Corruption in Poland (and Elsewhere)
It's easier to participate in corruption than to merely do the right thing and oppose it
Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
 
Links 13/06/2025: US Reduces Nonessential Staff at Baghdad Embassy Ahead of Strikes in Iran, Invasion of California Debated
Links for the day
X11 is Free Software
Whether you agree (e.g. on politics) with the person/s forking it doesn't matter
The More Time Passes, the Better Our Advice on Social Control Media Seems
At the end of the day, any platform you do not control yourself is working for someone else
UK High Court Blasts Brett Wilson LLP for Misusing "GDPR" After Failed Efforts to Censor Critics Using 'Libel' Claims
No wonder this firm is rapidly shrinking
Recent Blunders in Microsoft GitHub (e.g. Slop-Generated Bug Reports or GPL Violations 'as a Service') Taking Their Toll?
Put bluntly, if you still use Microsoft GitHub, then you're slave to Microsoft
American Imperialism and Microsoft Plagiarism
Techrights will therefore do what Microsoft does not want it to do: it'll write even more about Microsoft
When They Have Nothing Left to Help Advance Abusive Litigation for Microsoft People... Other Than Throwing ~500 Pages of Someone Else's Work Into a PDF
Microsoft is having a very tough year
Slopwatch and Yet More Holes in 'Secure Boot' (as Usual!), Promoted Inside Linux by the Man We Are Suing
Today's Slopwatch will be short
Gemini Links 13/06/2025: People You've Left Behind, Life Update and OS Changes
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 12, 2025
IRC logs for Thursday, June 12, 2025
Links 12/06/2025: Portland Homeless Deaths Quadruple, COVID Cases Surge in Asia
Links for the day
EPO's Gareth Lord Asked About "Quality and Productivity" or, Put Another Way, Why the EPO Keeps Granting So Many Invalid/Illegal Patents
letter to Lord
EPO's Central Staff Committee (CSC) Scrutinises the Man Who Illegally Grants (and Forces Others to Illegally Participate in Granting) Software Patents in Europe
EPO compels examiners to break the law in the name of obeying illegal "rules" or "orders"
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025
Links 11/06/2025: More Vulnerabilities Found in 'Smart' Phones, China Extends Reach in the Pacific
Links for the day
Gemini Links 11/06/2025: Grain and Steam Next Fest
Links for the day
Links 11/06/2025: "Quantum" Hype From IBM, US Closer to Martial Law, and “The Nation” Celebrates Milestone
Links for the day
IBM's CEO Roasted, Sizzled and Grilled for Dumb and Inconsistent Vapourware Promises
It looks like being a chronic liar is what it takes to lead the company once synonymous with computing
IBM's Goal Is Not (and Never Was) Computer Users' Freedom
More than 1.5 decades ago I found IBM to be an "ally of convenience" because of OpenDocument Format (ODF)
Wayland Shows the IBM/Red Hat Way of Doing Things
IBM is trying to 'kill' X
GitHub is Proprietary, Controlled by Microsoft, and GPL Violation Warehouse
"IRS tax filing software [will be] released to the people as free software" ... In general this is good news
Slopfarm Catastrophe
Seems like BetaNews (or BetaNoise) has just suffered a major data loss and restored the site from a week-old backup
Abuse Inside the Polish Patent Office (UPRP) - Part VIII: Illegal Working Conditions
How many people need to die for these people to get their massive salaries?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 10, 2025
IRC logs for Tuesday, June 10, 2025