Bonum Certa Men Certa

Dr. Ingve Björn Stjerna on German 'Justice': “Not a Single One of the EPO Complaints Has Been Decided to Date.”

Dr Ingve Björn Stjerna



Summary: With the Unified Patent Court (UPC) Agreement (UPCA) we're already seeing the role played by German courts in undermining laws and constitutions; Is there any hope that Germany as a country will ever put an end to EPO abuses? The apathy (if not active complicity, set aside passive corruption) merely serves to to discredit or delegitimise the state...

THE EPO is basically above German law despite being based in Germany. Many times in the past we wrote about how the German government had intentionally turned a blind eye to EPO corruption. Some of the worst corruption is yet to be exposed (there's truly explosive material).



At what stage does one categorically accept that the so-called ministry of 'justice' in Germany and its constitutional court (FCC) as well are in cahoots with or participating in this corruption? There are some concrete examples of entryism and one might say "collusion"...

Well, Constitutional Court judge Prof. Huber is leaving, after rejecting two UPC complaints without really looking into them. One complainant just wrote the following text:

Patent Law: End of the term of office of Constitutional Court judge Prof. Huber – When a constitutional complaint outlasts the twelve-year term of office of the judge responsible for it (Published on 08/12/2022)



For years, several constitutional complaints against acts of the European Patent Office have been pending before the German Constitutional Court (“BVerfG”). Five such proceedings are currently publicly known, namely those with the docket numbers 2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16 and 2 BvR 561/18 (afterwards “EPO complaints”), in which, among other things, a violation of the fundamental rights to effective legal protection (Article 19 (4) of the Grundgesetz [“GG”]) and to the lawful judge (Article 101 (1) sentence 2 GG) is complained of.

As is well known, the decisions of the BVerfG – as well as of other panels of judges to which several judges belong (so-called “collegial courts” [“Kollegialgerichte”]) – are prepared by the so-called “judge rapporteur”, or short “rapporteur”. The rapporteur for the EPO complaints in the responsible Second Senate is judge Prof. Peter M. Huber, who, in the field of intellectual property law, is known in particular for the not necessarily consistent decisions on the European patent reform for which he was the rapporteur as well.

The oldest two EPO complaints, dating from 2010 and 2013, have been listed since 2016 in the so-called “annual preview” (“Jahresvorschau”) of the BVerfG, which provides an overview at the beginning of a calendar year of those proceedings that the court intends to decide in the course of the year. Since 2021, all aforementioned EPO complaints have been listed in the annual preview of the court. Judge Prof. Huber has already indicated in a commentary in 2018 that he may consider the legal protection at the EPO to be in line with the minimum required by the German Grundgesetz.

Nevertheless, not a single one of the EPO complaints has been decided to date.


Read on for the rest...

Recent Techrights' Posts

Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
 
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
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