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schestowitzx 21 04:48
schestowitz# ad dressed up as an article;Dec 21 04:48
-TechBytesBot/ | iTWire - The rising threat of business email compromise attacks presents opportunities for MSPsDec 21 04:48
schestowitz# the weakest link in "security" are the M$ products in the work placeDec 21 04:48
schestowitz=Dec 21 04:48
schestowitzx 21 04:48
schestowitz# open standards are not "generic"Dec 21 04:48
-TechBytesBot/ | Open RAN Technology Could Play Key Role in Narrowing Digital Divide : Broadband BreakfastDec 21 04:48
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schestowitzChristopher Fisher (@Christo_Gnarus): "When it turns out that "studies done are directed towards specific prescriptive outcomes then they aren't really Studies as much as they are proposals. Sort of like the SAGE models." | nitter ⚓ 21 16:45
schestowitzGnarus/status/1473027625065107464 ䷉ #nitter | more in 21 16:45
-TechBytesBot/ | Christian (@Christo_) | nitterDec 21 16:45
-TechBytesBot/ | Social Control Media PostsDec 21 16:45
schestowitz 21 16:47
-TechBytesBot/#techbytes-@ejb1893: @schestowitz I'm in that pic.... 21 16:47
-TechBytesBot/#techbytes-@ejb1893: **CALL4JUSTICE** to send an email to Attorney General Garland please click below and select for topic: Messages to… 21 16:47
schestowitz 21 16:48
-TechBytesBot/#techbytes-@supercooldudet: #TheOnlyTerror 21 16:48
-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #Medforth ☞ WATCH: Migrant in #Sweden praises Islamic State during arrest 21 16:48
-TechBytesBot/#techbytes-@supercooldudet: #TheOnlyTerror 21 16:48
schestowitz 21 16:48
-TechBytesBot/#techbytes-@moonstar6000: @schestowitz Exciting! Join the chat💬 and Thank me Later 21 16:48
-TechBytesBot/#techbytes--> | Telegram: Contact @Nk0vrC2iVk1lMmI0Dec 21 16:48
schestowitz ䷉ #nitter | more in 21 16:49
-TechBytesBot/ | GyroGen(TM) (@GyroWaveGen_TM): "The problem is with issuing WAY too many patents in the first place. There should be more 'broad' patents but far fewer derivative ones! That's how things were done 100 years ago. Fewer patents, but much better & 'enforceable' ones (which also reduced the number of lawsuits)!" | nitterDec 21 16:49
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schestowitz 21 18:59
-TechBytesBot/ | UPC: The John Doe of Patent Law - Kluwer Patent BlogDec 21 18:59
schestowitz"Dec 21 18:59
schestowitzKnoblauchDec 21 18:59
schestowitzDECEMBER 16, 2021 AT 2:38 PMDec 21 18:59
schestowitzPaul Maier is planned to be the first President of the UPCDec 21 18:59
schestowitzExtraneous AttorneyDec 21 18:59
schestowitzDECEMBER 16, 2021 AT 3:18 PMDec 21 18:59
schestowitzThere is another issue which has the potential to cause – to quote Mr. Dhenne’s exact words – “the legitimacy and therefore the success of the future jurisdiction” to suffer.Dec 21 18:59
schestowitzThat issue is that nobody knows whether the contemplated move of the London section of the Central Division to another location is even in accordance with law in the first place.Dec 21 18:59
schestowitzIf that is not the case, then whoever is the first to lose a huge amount of money in a case which should have been adjudicated before the London section could rush to the ECJ and argue that the decision was handed down illegally and is therefore null and void. It is hard to picture a rougher start for a fresh international court, is it not?Dec 21 18:59
schestowitzIPfrogDec 21 18:59
schestowitzDECEMBER 16, 2021 AT 4:53 PMDec 21 19:00
schestowitzi think for example 2, you can find an indication in articles 13/14 of the statute of the UPCDec 21 19:00
schestowitzperhaps it’s time to open the books 🙂 ?Dec 21 19:00
schestowitzOpaque businessDec 21 19:00
schestowitzDECEMBER 16, 2021 AT 5:43 PMDec 21 19:00
schestowitzI understand the problem with London being named in the UPC Agreement as a matter of international law of treaties, and may even sympathise with the view that there my have been some opaque business in recent times (BVerfG decisions on questions that weren’t asked, “Declarations” and the like) to get us here, but I honestly cannot see the issue of the London branch being a matter referred to the CJEU after the court has started. Why would the Dec 21 19:00
schestowitzjudges of the court (the greatest of respect to them, whoever they may be) refer a question undermining the validity of their own court, and under what provision of EU law given that it is based on an international agreement? Why would the CJEU (with the greatest of respect to the CJEU) make an adverse decision of such embarrassment to the EU, when politically the EU machinery is desperate for this court to get going? I am not an EU specialist and Dec 21 19:00
schestowitzmany who read this will know more than I do about EU law and procedures — these are genuine questions.Dec 21 19:00
schestowitzExtraneous AttorneyDec 21 19:00
schestowitzDECEMBER 17, 2021 AT 2:32 PMDec 21 19:00
schestowitzAs a practical matter, I agree that the factors you mention may come into play. However, the point is that, in a union of democratic states ostensibly committed to the rule of law, they should not matter at all. If some official act has been performed contrary to law, then the competent judges must rule that said act is null and void, regardless of their personal views and interests, or of those of others. Otherwise we start making distinctions Dec 21 19:00
schestowitzbetween situations in which the rule of law “should not” matter and situations and in which it “should”, and we all know that’s a very slippery slope to start on.Dec 21 19:00
schestowitzConcerned observerDec 21 19:00
schestowitzDECEMBER 17, 2021 AT 7:41 PMDec 21 19:00
schestowitzExtraneous Attorney, I think that the point that “Opaque business” was trying to make is that there is a legal lacuna due to the “international” nature of the UPC.Dec 21 19:00
schestowitzIn essence, it may be that a lack of compliance with the rule of law will not elicit any consequences if the cracks between the national, EU and international legal systems means that any relevant complaints simply fall into a legal grey zone where no court will either acknowledge or claim competence.Dec 21 19:00
schestowitzExtraneous AttorneyDec 21 19:00
schestowitzDECEMBER 20, 2021 AT 6:03 PMDec 21 19:00
schestowitzFair enough, I don’t disagree. Perhaps I am being naive when I hope that all of this will make national parliaments a lot more reluctant to grant considerable legal power *and* immunity from suit to international organizations like the EPO or the UPC.Dec 21 19:00
schestowitzSchnittlauchDec 21 19:00
schestowitzDECEMBER 17, 2021 AT 8:35 PMDec 21 19:00
schestowitz@KnoblauchDec 21 19:00
schestowitzMaier might be in the running but he is by no means the only candidate:Dec 21 19:00
schestowitz 21 19:00
schestowitzAna LoganDec 21 19:00
schestowitzDECEMBER 18, 2021 AT 9:20 PMDec 21 19:00
-TechBytesBot/ | UPC favourites: French and German judges dominate - JUVE PatentDec 21 19:00
schestowitzJudges are elected by Parliaments. Not in the UPC universe.Dec 21 19:00
schestowitzAttentive ObserverDec 21 19:00
schestowitzDECEMBER 19, 2021 AT 7:02 PMDec 21 19:00
schestowitzThat it would be correct to know who will be the judges of the UPC, or who will be the first president, a Frenchman in any case, might be of concern, but is certainly not so vital and important than what will happen with the London Section of the Central Division. The selection criterion are also not known and like for the composition of the drafting committee of the rules of procedure, co-optation will most probably be the way of designation in Dec 21 19:00
schestowitzspite of this duty being given to an Advisory Committee. .Dec 21 19:00
schestowitzWhen the minimal conditions for ratification were set up, it was easy to find a rule which made it mandatory that in the end, the UK, Germany and France had to ratify the UPCA in order it to enter into force. Replacing the UK by Italy is thus not a problem.Dec 21 19:00
schestowitzWhen it came to the Central Division the only compromise to be reached was to give a bit of this Central Division to each of the three big contracting states, and this is why London, Paris and Munich are mentioned expressis verbis in Art 7(2) UPCA. In Annex II, but also part of the UPCA, it is even stated which IPC classes will be dealt with in the various locations.Dec 21 19:00
schestowitzWhat the proponents of the UPC hoped, was to bring it into force as quickly as possible, so that outstanders would not have time to realise what went on and all the drawbacks and problems the UPC could have been swept under the carpet. No institution would have the nerve to kill something which is already into force.Dec 21 19:00
schestowitzBrexit put an end to this endeavour and for a long time the UPC proponents suggested lots of legal tricks by which the UK could participate without being still in the EU.Dec 21 19:00
schestowitzBeing written in the treaty, which on top has not yet entered into force, the falling out of the UK after Brexit has created a real problem. Art 31 and 32 VCLT are of no help as the wording in the treaty is crystal clear. Neither does Art 62 VCLT which clearly only applies to treaties which have entered into force.Dec 21 19:00
schestowitzThe only correct way would be to at least amend the treaty so as to clarify the situation of the London Section. This perfectly legal situation would require a new negotiation, not only on where the London Section should be reallocated, but also which technical areas should be dealt with between the three locations. I cannot see the French or the German chemical/pharmaceutical industry/government letting this branch of technique go to a country Dec 21 19:00
schestowitzwhich is not at the forefront in those domains.Dec 21 19:00
schestowitzMore important, a new ratification would further delay the UPC by a few years. And the lobby behind the UPC (the big industry and especially big lawyer firms acting internationally) would see their hopes already smashed by Brexit completely ruined. The UPC proponents still hope that no institution would dare kill the “amended” UPC with the problems of the London section simply being ignored. This is why they still push towards a quick entry into Dec 21 19:00
schestowitzforce.Dec 21 19:00
schestowitzMe Dhenne, like many other French lawyers, would like to see the duties of the London Section come to Paris (the Brexit gift according to Me Véron). The problem is that it is difficult to see any legal basis for such a transfer of duties to Paris, or even Munich, as in the meantime, Germany has also shown an interest. Do you think that the other contenders for the London Section, like Italy and The Netherlands would be without reaction?Dec 21 19:01
schestowitzWithout a revision of Art 7(2) UPCA it is doubtful that the UPC would be a legally constituted court in the meaning of Art 6(1) ECHR. What it is good if the EU Commission attacks Poland and Hungary on the independence of the justice and the necessity of a legally designed judge when it happens at a court which is meant to apply Union Law. That a UPC judge might be removed from office by its peers without offering any means of redress does also not Dec 21 19:01
schestowitzappear in conformity with Union law.Dec 21 19:01
schestowitzIt should not be forgotten that appointment of UPC judges shall be carried out by the Administrative committee, i.e. by the representatives of member states (like at the EPO), that means that politics will thus play a direct role, in spite of the duties of the Advisory committee to preselect potential judges.Dec 21 19:01
schestowitzTo put it bluntly in spite of the nice words in the UPCA and in the statute of the court, the conformity of panels of the UPC with Art 6(1) ECHR, and especially those of the central section as it presently stands, does not seem to be given without any reasonable doubt. it would be nice to see those doubts dispelled as quickly as possible.Dec 21 19:01
schestowitzIn any case the UPC is a prime example of what lobbies can achieved!Dec 21 19:01
schestowitzWouter PorsDec 21 19:01
schestowitzDECEMBER 20, 2021 AT 9:54 AMDec 21 19:01
schestowitzThe Dutch government certainly is aware that the UPC is approaching. There already is a law amending the Dutch Patent Act to bring it in line with the UPC Agreement, see It will enter into force when the Agreement enters into force. All developments are regularly discussed in the standing committee on patents of the Dutch Ministry of Economic Affairs.Dec 21 19:01
schestowitzAttentive ObserverDec 21 19:01
schestowitzDECEMBER 20, 2021 AT 6:52 PMDec 21 19:01
schestowitzIs the Dutch government aware of the problems with Art 7(2) UPCA?Dec 21 19:01
schestowitzIs this problem discussed in the standing committee on patents of the Dutch Ministry of Economic Affairs?Dec 21 19:01
-TechBytesBot/ | Staatsblad 2019, 476 | > Officiële bekendmakingenDec 21 19:01
schestowitzIs the government sure that the UPCA is in accordance with Union Law?Dec 21 19:01
schestowitzI am pretty sure that lobbyists of all kinds are “helping” the Dutch government!Dec 21 19:01
schestowitzPatent robotDec 21 19:01
schestowitzDECEMBER 20, 2021 AT 10:05 AMDec 21 19:01
schestowitzIf UK=Italy then London=Milan.Dec 21 19:01
schestowitzMoreover, it was clear from the very beginning that the three UPC seats reflected the three most important UPC MS (the probability of guessing 3 numbers on 25 is 1/13800).Dec 21 19:01
schestowitzBy the way, the Italian pharma industry is the third in Europe after Switzerland and France, and before Germany and the UK.Dec 21 19:01
schestowitzAttentive ObserverDec 21 19:01
schestowitzDECEMBER 20, 2021 AT 6:54 PMDec 21 19:01
schestowitzWhat is your legal basis for UK=Italy then London=Milan?Dec 21 19:01
schestowitzFor the ratification OK, but for Art 7(2) UPCA I am not sure at all.Dec 21 19:01
schestowitzPatent robotDec 21 19:01
schestowitzDECEMBER 21, 2021 AT 9:00 AMDec 21 19:01
schestowitzIf UK=Italy for Art. 3.1 PAP then London=Milan for Art. 7.2 UPCA, unless someone can explain how you can “interpret” in the same way a first law (PAP) and not a second one (UPCA).Dec 21 19:01
schestowitzDo we now have A-laws and B-laws?Dec 21 19:01
schestowitz"Dec 21 19:01
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