Bonum Certa Men Certa

FFII: German President of the Unified Patent Court Rewrites the Treaty Like a Dictator

By Benjamin HENRION

Klaus Grabinski or SACHA BARON COHEN THE DICTATOR



Brussels, 22 May 2023 — The German President of the Unified Patent Court (UPC), Klaus Grabinski, has decided alone to rewrite the Unified Patent Court Agreement (UPCA) at this own will, and move London to Paris and Munich due to Brexit. FFII condemn this abuse of power and violation of the Rule of Law. This a decision typical of a dictatorship, not of an institution governed by the separation of powers. Judge Grabinski will also have the last word over software patents in Europe, without any possible appeal to the European Court of Justice (CJEU).



The President of the UPC decided the following:



In its meeting of 8 May 2023, the Presidium of the Unified Patent Court decided that, as from 1 June 2023, actions pending before the central division related to patents in IPC section (A) shall be assigned to the seat in Paris while actions related to patents in IPC section (C) shall be assigned to the section in Munich. […] the Presidium has exercised its managerial power under Article 15(3) of the Statute of the Unified Patent Court in the aforementioned sense.

— Unified-Patent-Court.org: Decision on the provisional distribution of actions related to patents in IPC sections (A) and (C) pending before the central division | Unified Patent Court (unified-patent-court.org) https://www.unified-patent-court.org/en/news/decision-provisional-distribution-actions-related-patents-ipc-sections-and-c-pending-central


Article 15(3) of the Statutes of the Unified Patent Court does not mention any power to decide on such a political topic to relocate the Court from one place to another, except a broad “management” responsibility:



  1. The Presidium shall be responsible for the management of the Court and shall in particular:
    (a) draw up proposals for the amendment of the Rules of Procedure in accordance with Article 41 of the
    Agreement and proposals regarding the Financial Regulations of the Court;
    (b) prepare the annual budget, the annual accounts and the annual report of the Court and submit them to
    the Budget Committee;
    (c) establish the guidelines for the training programme for judges and supervise the implementation thereof;
    (d) take decisions on the appointment and removal of the Registrar and the Deputy-Registrar;
    (e) lay down the rules governing the Registry including the sub-registries;
    (f) give an opinion in accordance with Article 83(5) of the Agreement.
Agreement on a Unified Patent Court (2013/C 175/01) https://www.unified-patent-court.org/sites/default/files/upc_documents/agreement-on-a-unified-patent-court.pdf


The decision of the UPC’s President is not an item in the list between points (a)-(f), but under the broad “management of the Court” broad spectrum. This is an abuse of the Rule of Law, as judges are not supposed to rewrite the Content of Treaties. This power is the one reserved to law makers, not to judges.



The whole game is to change the Treaty without having to call for a diplomatic conference. People in Germany have invented this idea that the UPCA can be changed without a diplomatic conference, using the art87(2) UPCA, which will be active on the 1st of June 2023 at 00h01. The Administrative Committee will then rubberstamp the relocation of London competencies to Paris and Munich without having to pass by National Parliaments. Countries are playing with fire as tribunals (here the appeal court) need to be established by LAW according to the ECHR art6.1.



The Rule of Law is dead (art2TFEU), but that we know it since the legal service of the Council decided to declare the UPCA into force despite the signature of the UK being still missing.



This decision of the President is also not challengeable in front of another tribunal, as international organizations are shielded from challenges, enjoy immunity and impunity. This is what had been created: an EPO-like monster, a new country where all abuses are now possible, including recruiting judges from Nokia or Airbus, which are like Judge Grabinski ardent supporters of software patents.



References





Recent Techrights' Posts

Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
What is "MATA"?
Think of it as GAFAM or "Meta"
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better
 
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
BetaNews Beginning to Show What Its True Goals Are
The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
Links 25/06/2025: Thwarting More Software Patents, Overlap Grows Between EPO Corruption and Illegal Kangaroo Patent Courts in EU
Links for the day
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore