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| schestowitz | http://patentblog.kluweriplaw.com/2020/11/02/better-late-than-never-german-liberal-party-files-parliamentary-question-on-unified-patent-court/#comments | Nov 03 17:13 |
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| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Better Late Than Never – German Liberal Party Files Parliamentary Question on Unified Patent Court - Kluwer Patent Blog | Nov 03 17:13 | |
| schestowitz | " | Nov 03 17:13 |
| schestowitz | Why not deciding to have EU Regulation on EU Patent (including infringements provisions), such as the ones for EU Trademark and Model ? | Nov 03 17:13 |
| schestowitz | Wouldn’t be quicker, simpler, more consistent and efficient ? | Nov 03 17:13 |
| schestowitz | REPLY | Nov 03 17:13 |
| schestowitz | Kay. | Nov 03 17:13 |
| schestowitz | NOVEMBER 3, 2020 AT 10:36 AM | Nov 03 17:13 |
| schestowitz | Again, political achievability. | Nov 03 17:13 |
| schestowitz | Too many states in Europe have been against further expansion of centralized regulations (and consequent diminishment of things regulated nationally). | Nov 03 17:13 |
| schestowitz | And patents are too obscure for the masses to push that topic. | Nov 03 17:13 |
| schestowitz | Furthermore, why have a EUropean Monopoly Office if there’s a European Patent Office? | Nov 03 17:13 |
| schestowitz | That would be difficult to explain for the politicians, hence they tried to allow “enhanced cooperation” within the EU for those who want. | Nov 03 17:13 |
| schestowitz | We don’t have too much globalisation, we have too little. | Nov 03 17:13 |
| schestowitz | One set of rules applicable in as many regions as possible would be much easier for the industry, SME,… and avoid tax-evasions better, yet the nationalists cannot be sold to this idea, hence we live in a world of political compromises. | Nov 03 17:13 |
| schestowitz | Make a compromise, live with it and try to vote in ways which can make it better. | Nov 03 17:13 |
| schestowitz | REPLY | Nov 03 17:13 |
| schestowitz | Attentive Observer | Nov 03 17:13 |
| schestowitz | NOVEMBER 3, 2020 AT 12:11 PM | Nov 03 17:13 |
| schestowitz | Thanks to Dr. Klopschinski to draw our attention to the questions raised by the Liberal Party. | Nov 03 17:13 |
| schestowitz | I fear I have to agree with Concerned Observer, “that the responses will amount to nothing more than hand-waving, smoke and mirrors and half truths”. | Nov 03 17:13 |
| schestowitz | In the comments to the draft bill the problems of the unequal footing of SMEs vs. big industry and the deleterious effects of the UPC on SMEs have been clearly set out. But what should not exist has been carefully ignored up to now. Chances that this attitude changes are very remote! | Nov 03 17:13 |
| schestowitz | The Paper of Mr Xenos: “The Impact of the European Patent System on SMEs and National States and the Advent of Unitary Patent”, published in Prometheus, Vol. 36, No. 1 (March 2020), S. 51-68, is very clear about the problems encountered by SMEs with the present European IP system. | Nov 03 17:13 |
| schestowitz | One can expect that the German Government will rely on the EPO study about SMEs. The statistical validity of this study is very much subject to caution as only 12, in words twelve, SMEs have been scrutinised. And all scrutinised had only positive experiences with IP to report….. | Nov 03 17:13 |
| schestowitz | The level of fees are a clear deterrent for SMEs. Basic fee for an infringement action: 11000€. Basic fee for a claim to nullity or a counter-claim to nullity: 20000€. Do not tell me this is in favour of SMEs. | Nov 03 17:13 |
| schestowitz | It is true that no question relating to Brexit has been brought forward, but the question raised by the FGCC in Point 106 is indirectly brought up. | Nov 03 17:13 |
| schestowitz | It remains that trying to push the UPCA without an amended Art 7(2) UPCA is also posing a constitutional problem. How can a treaty be amended by a purely administrative committee? | Nov 03 17:13 |
| schestowitz | The German government should also explain why countries like Poland and the Czech Republic, although having signed the UPCA will not ratify it: because it will be deleterious for their industry. | Nov 03 17:13 |
| schestowitz | To Me Mollet-Vieville: the idea of an EU regulation on patents is an old one, but it requires unanimity and this is not achievable, hence the concept of enhanced cooperation. There were four drafts on a patent for the European community in the 60-70ties, and the Luxembourg agreement of 1975 on a Unitary Patent was dead borne. | Nov 03 17:13 |
| schestowitz | On the other hand, is there a real need for a true supranational jurisdiction for patent litigation? The number of average validations of EP granted by the EPO lying between 5 and 7, does not justify the setting up of a separate jurisdiction, which on top of it can only be financed by the fees it levies. | Nov 03 17:13 |
| schestowitz | The only technical area which might benefit from such a supranational jurisdiction is the pharmaceutical industry which validates in much more countries. This industry can certainly afford multiple litigations. | Nov 03 17:13 |
| schestowitz | For trademarks it might be more justified to have a centralised approach, but is the experience with the EUIPO and the CJEU as positive as it was hoped when it was set up? | Nov 03 17:13 |
| schestowitz | " | Nov 03 17:13 |
| schestowitz | http://patentblog.kluweriplaw.com/2020/11/03/a-few-thoughts-on-trust-and-judicial-independence/#comments | Nov 03 17:18 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | A few thoughts on trust and judicial independence - Kluwer Patent Blog | Nov 03 17:18 | |
| schestowitz | | | Nov 03 17:18 |
| schestowitz | Thank you, Thorsten. You quote Snyder: Without trust, we can’t have the Rule of Law. For we patent attorneys, the Rule of Law is precious, and we should fight for it. So how do we preserve trust? | Nov 03 17:18 |
| schestowitz | For we patent attorneys, trust in “science” is fundamental to our profession. From time to time, corporate interests try to erode trust in science. In our age of human-induced climate change, this is itself a disaster which has to be resisted. One way to resist is to flag up the work of Harvard Professor Naomi Oreskes (link below) and her current book “Why Trust Science”, to anybody willing to listen. Impressive, in the book, is | Nov 03 17:18 |
| schestowitz | how she solicits views from other academics and then replies to them. Judge for yourself how convincingly she sees off her academic rivals. | Nov 03 17:18 |
| schestowitz | Perhaps the name Oreskes seems familiar? That would be because of her earlier book from 10 years ago “Merchants of Doubt” about how self-professed “scientists” promulgated corporate views, that there is no connection between smoking and cancer. | Nov 03 17:18 |
| schestowitz | It is fashionable to deplore the USA. But Oreskes is at Harvard. I salute those who support her research there and wonder whether there is anybody outside the USA who is doing as much to nurture the idea that, at least in science and the law, fact should trump fiction, and that being selective with the facts, making economies with the truth (never mind promulgating an “alternative truth” debases us all and so is something deeply to | Nov 03 17:18 |
| schestowitz | be deplored. | Nov 03 17:18 |
| schestowitz | https://en.wikipedia.org/wiki/Naomi_Oreskes | Nov 03 17:18 |
| -TechBytesBot/#techbytes-en.wikipedia.org | Naomi Oreskes - Wikipedia | Nov 03 17:18 | |
| schestowitz | | | Nov 03 17:18 |
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