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| schestowitz | > Have a nice Christmas. | Dec 25 05:56 |
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| schestowitz | You too. Maybe I'll have proper recording equipment by the time I cover this. This laptop is awful. | Dec 25 05:56 |
| *schestowitz got some new leaks | Dec 25 05:56 | |
| *schestowitz will cover them soon | Dec 25 05:57 | |
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| schestowitz | x https://www.economist.com/christmas-specials/2020/12/19/tales-of-a-ceo-monk-obscure-the-business-of-faith-in-china | Dec 25 12:09 |
| -TechrightsBN/#boycottnovell-www.economist.com | Shaolin monastery - Tales of a “CEO monk” obscure the business of faith in China | Christmas Specials | The Economist | Dec 25 12:09 | |
| schestowitz | # all the original monks there were killed and or driven out generations ago | Dec 25 12:09 |
| schestowitz | # what's left is theatre for tourists | Dec 25 12:09 |
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| schestowitz | http://patentblog.kluweriplaw.com/2020/12/23/two-new-constitutional-complaints-in-germany-against-upca/ | Dec 25 23:48 |
| -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Two new constitutional complaints in Germany against UPCA - Kluwer Patent Blog | Dec 25 23:48 | |
| schestowitz | " | Dec 25 23:48 |
| schestowitz | Extraneous Attorney | Dec 25 23:48 |
| schestowitz | DECEMBER 23, 2020 AT 11:49 AM | Dec 25 23:48 |
| schestowitz | “although is isn’t clear whether the FCC will accept the complaints and request the German Bundespräsident to refrain from signing the UPCA legislation into law as long as it hasn’t decided on them.” | Dec 25 23:48 |
| schestowitz | Should not the same causes lead to the same consequences? Why should this time be any different than in the previous occasion? I suspect the new complaints do not raise fewer substantive issues than the previous one Mr. Stjerna filed. | Dec 25 23:48 |
| schestowitz | REPLY | Dec 25 23:48 |
| schestowitz | The Convention Watchdog | Dec 25 23:48 |
| schestowitz | DECEMBER 23, 2020 AT 12:46 PM | Dec 25 23:48 |
| schestowitz | The Convention Watchdog: | Dec 25 23:48 |
| schestowitz | The same causes do no longer exist. The missing majority in the German Parliament (Bundestag) has been observed. | Dec 25 23:48 |
| schestowitz | Most of the other grounds submittd by the complainant were held inadmissible by the FCC in proceedings before the Law’s entry into force (note 103 et seq.). They can only be put forward by a complainant immediately adversely affected by an act of the UPC violating the complainant’s constitutional rights. This situation can only arise once the UPC will have become operative. | Dec 25 23:48 |
| schestowitz | Link to the decision: | Dec 25 23:48 |
| schestowitz | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2020/02/rs20200213_2bvr073917.html;jsessionid=D42C575092614487C48AED25BBF69D31.1_cid377 | Dec 25 23:48 |
| schestowitz | REPLY | Dec 25 23:48 |
| -TechrightsBN/#boycottnovell-www.bundesverfassungsgericht.de | Bundesverfassungsgericht - Entscheidungen - Gesetz zum Abkommen über ein Einheitliches Patentgericht nichtig | Dec 25 23:48 | |
| schestowitz | Extraneous Attorney | Dec 25 23:48 |
| schestowitz | DECEMBER 23, 2020 AT 1:32 PM | Dec 25 23:48 |
| schestowitz | @The Convention Watchdog: fair enough, time will tell if the FCC rules in such a way. | Dec 25 23:48 |
| schestowitz | REPLY | Dec 25 23:48 |
| schestowitz | Attentive Observer | Dec 25 23:48 |
| schestowitz | DECEMBER 24, 2020 AT 12:06 PM | Dec 25 23:48 |
| schestowitz | I am not as sure as “Convention Watchdog” that a complaint before the GFCC will be dismissed at once. | Dec 25 23:48 |
| schestowitz | This is certainly what all the pro-UPC lobbyists hope. Three reasons make me believe that this might not be the case. The whole discussion was not only about the necessary quorum for the ratification. | Dec 25 23:48 |
| schestowitz | There is still the problem raised in Point 106 of the March 2020 decision over the supremacy Union law over the German constitution. This point has been completely dodged in the explanatory note for the new ratification bill. Whether one agrees or not with it, it is a point which can play a role, as this stance was adopted by the GFCC when dealing with the complaint about the dealings of the EZB. The chair of the GFCC has changed, | Dec 25 23:48 |
| schestowitz | but the rapporteur is still the same. | Dec 25 23:48 |
| schestowitz | Some of the reasons brought forward by the then complainant were dismissed for lack of substantiation. It is difficult to see why they could not be brought in again with a better substantiation. | Dec 25 23:48 |
| schestowitz | Last but not least there is one big change in the overall situation. The UK has left the UPCA, but Art 7(2) UPCA still mention that a Section of the Central Division with specific duties should be located in London. | Dec 25 23:48 |
| schestowitz | In the explanatory note for the new ratification bill, this problem has been dealt with in a quite specious way. The duties of the London Section will be shared “provisionally” between Paris and London, and a new location can be found when the UPCA is first revised. | Dec 25 23:48 |
| schestowitz | This is an interpretation of the UPCA which is probably not shared by the other contracting states and especially not by those wanting the London Section to be transferred to their country. This interpretation is also not in line with numerous articles of the VCLT. | Dec 25 23:48 |
| schestowitz | Most important, this interpretation amounts to deprive a party to the UPC from its right for its legitimate judge. This is a real constitutional problem which can even be tackled under the ECHR. | Dec 25 23:48 |
| schestowitz | This important problem is best exemplified in all the comments made in the present blog under: | Dec 25 23:48 |
| schestowitz | http://patentblog.kluweriplaw.com/2020/12/18/german-bundesrat-approves-ratification-of-unified-patent-court-agreement/ | Dec 25 23:48 |
| -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | German Bundesrat approves ratification of Unified Patent Court Agreement - Kluwer Patent Blog | Dec 25 23:48 | |
| schestowitz | The best is to have a look at those. | Dec 25 23:48 |
| schestowitz | " | Dec 25 23:49 |
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