Techrights logo

IRC: #techbytes @ Techrights IRC Network: Thursday, September 23, 2021

(ℹ) Join us now at the IRC channel | ䷉ Find the plain text version at this address (HTTP) or in Gemini (how to use Gemini).

schestowitzhttp://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632326482281#c5715083979827179983Sep 23 00:53
-TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKatSep 23 00:53
schestowitz"Sep 23 00:53
schestowitzIt seems to me that the following considerations of the UPCA have also been completely ignored by the proponents of the UPC :Sep 23 00:53
schestowitzCONSIDERING that the Contracting Member States should, in line with the case law of the Court of Justice of the European Union on non-contractual liability, be liable for damages caused by infringements of Union law by the Unified Patent Court, including the failure to request preliminary rulings from the Court of Justice of the European Union;Sep 23 00:53
schestowitzCONSIDERING that infringements of Union law by the Unified Patent Court, including the failure to request preliminary rulings from the Court of Justice of the European Union, are directly attributable to the Contracting Member States and infringement proceedings can therefore be brought under Article 258, 259 and 260 TFEU against any Contracting Member State to ensure the respect of the primacy and proper application of Union law;Sep 23 00:53
schestowitzRECALLING the primacy of Union law, which includes the TEU, the TFEU, the Charter of Fundamental Rights of the European Union, the general principles of Union law as developed by the Court of Justice of the European Union, and in particular the right to an effective remedy before a tribunal and a fair and public hearing within a reasonable time by an independent and impartial tribunal, the case law of the Court of Justice of the European Union and Sep 23 00:53
schestowitzsecondary Union law.Sep 23 00:53
schestowitzSurely, there must be something in those considerations upon which a party, including any member state, could act and seize the EUCJ ?Sep 23 00:53
schestowitzI was also under the impression that at some stage, one of the drafts (unfortunately don't remember which document now) contained an explicit reference to seeking approval from the EUCJ (or perhaps it was only the EU Commission) as to the validity of the agreement ?Sep 23 00:54
schestowitz"Sep 23 00:54
*DaemonFC has quit (Ping timeout: 2m30s)Sep 23 01:32
*rianne_ has quit (Quit: Konversation terminated!)Sep 23 01:43
*rianne_ (~rianne@qhduu73fcjmdn.irc) has joined #techbytesSep 23 01:43
*GNUmoon2 (~GNUmoon@ggviptc9syaq6.irc) has joined #techbytesSep 23 01:57
*DaemonFC (~DaemonFC@jqw6a9nnkevmk.irc) has joined #techbytesSep 23 02:23
*DaemonFC has quit (Ping timeout: 2m30s)Sep 23 04:28
*DaemonFC (~DaemonFC@e4z63rvppmwhu.irc) has joined #techbytesSep 23 04:40
*DaemonFC has quit (connection closed)Sep 23 05:07
*GNUmoon2 has quit (Ping timeout: 2m30s)Sep 23 05:49
*psydroid3 (~psydroid@cqggrmwgu7gji.irc) has joined #techbytesSep 23 07:37
*GNUmoon2 (~GNUmoon@aznruqq9uvrec.irc) has joined #techbytesSep 23 10:45
*DaemonFC (~DaemonFC@e5ifhyuxg6s7y.irc) has joined #techbytesSep 23 11:21
schestowitzhttp://ipkitten.blogspot.com/2021/09/dabus-ai-inventor-or-emperors-new.html?showComment=1632378416986#c8930027865632591835Sep 23 12:20
schestowitz"Sep 23 12:20
-TechBytesBot/#techbytes-ipkitten.blogspot.com | DABUS: An AI inventor or the Emperor's New Clothes? - The IPKatSep 23 12:20
schestowitzWith due respect to his function, it is worth noting that LJ Birss has a clear tendency to attempt regularly to distinguish himself from his peers. Sep 23 12:20
schestowitzIt is difficult to understand what he wants to achieve. Sep 23 12:20
schestowitzHis views are often contentious and do not really bring matters forward. Sep 23 12:20
schestowitzIn the DABUS case his point of view is neither compelling nor convincing contrary to that of his colleagues. Sep 23 12:21
schestowitz"Sep 23 12:21
schestowitzhttp://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632391104819#c5034526133030620816Sep 23 12:21
-TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKatSep 23 12:21
schestowitz"Sep 23 12:21
schestowitz@NeverADullMomentSep 23 12:21
schestowitzArt 42(2)UPCA, second sentence: "The prior opinion of the European Commission on the compatibility of the Rules of Procedure with Union law shall be requested."Sep 23 12:21
schestowitzNo approval of the UPCA by the CJEU is foreseen. Sep 23 12:21
schestowitz"Sep 23 12:21
schestowitzhttp://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632391050379#c1113197399893746806Sep 23 12:22
-TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKatSep 23 12:22
schestowitz"Sep 23 12:22
schestowitzThe UPC is the revenge of the lawyers over the patent attorneys. Sep 23 12:22
schestowitzAlthough they can, under certain conditions, represent parties before the EPO, it is a very rare occurrence. They have not really been present before the EPO.Sep 23 12:22
schestowitzThey wanted to keep the pie for themselves and wanted to have the exclusivity of representation before the UPC.Sep 23 12:22
schestowitzThey had to accept that parties can be alternatively represented “by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate”, cf. Art 48(2)UPCA.Sep 23 12:22
schestowitzArt 48(4) Representatives of the parties may be assisted by “patent attorneys”, who shall be allowed to speak at hearings of the Court in accordance with the Rules of Procedure. Sep 23 12:22
schestowitzAccording to R 292(3) UPCA “patent attorneys” shall be allowed to speak at hearings of the Court at the discretion of the Court and subject to the representative’s responsibility to coordinate the presentation of a party’s case. Sep 23 12:22
schestowitzIn other words they will have a similar position as accompanying persons according to G 4/95 in procedures before the EPO.... Sep 23 12:22
schestowitz"Sep 23 12:22
schestowitz"Sep 23 12:25
schestowitz Contest the Education and Childcare allowance reform - Request for Review templatesSep 23 12:25
schestowitzDear SUEPO members,Sep 23 12:25
schestowitzDear colleagues,Sep 23 12:25
schestowitzOn 29 June the Administrative Council decided on the Education and Childcare Reform to the detriment of many EPO staff and their families.Sep 23 12:26
schestowitzIn order to give support to our members and all EPO staff SUEPO Central decided to provide you with Request for Review templates.Sep 23 12:26
schestowitzDefend your rights and send a Request for Review before the 29 September 2021.Sep 23 12:26
schestowitzSUEPO provides you with two templates and annexesSep 23 12:26
schestowitz    You can find a general template especially for colleagues in The Hague, Vienna and some cases in Berlin that can be adapted to your situation (see template „Request for review_Edication-Childcare_TH-VI-BE.docx“ and „ANNEXES" in annex).Sep 23 12:26
schestowitz    If your situation is not reflected in the general template - that is mostly the case for the colleagues in Munich -, you can find a template especially for colleagues having their child(ren) studying abroad, in countries where the cost of living is higher than in The Netherlands (see see template „Request for review_Edication-Childcare_MU.docx“ and „ANNEXES" in annex).Please follow the instructions in the annexed “Instruction guide”.Sep 23 12:26
schestowitzUrgent Call: We need YOUR support and help in collecting the number of Requests for Review (RfRs) submitted so we have an accurate overview of the filings!Sep 23 12:26
schestowitz"Sep 23 12:26
*DaemonFC has quit (connection closed)Sep 23 13:34
*DaemonFC (~DaemonFC@e5ifhyuxg6s7y.irc) has joined #techbytesSep 23 13:34
*DaemonFC has quit (Ping timeout: 2m30s)Sep 23 14:21
*GNUmoon2 has quit (Ping timeout: 2m30s)Sep 23 14:59
*GNUmoon2 (~GNUmoon@5azp8xgxmpx9k.irc) has joined #techbytesSep 23 15:15
schestowitzhttps://nitter.eu/KriyaOaira/status/1440791593892474880Sep 23 18:30
-TechBytesBot/#techbytes- ( status 429 @ https://nitter.eu/KriyaOaira/status/1440791593892474880 )Sep 23 18:30
*DaemonFC (~DaemonFC@vgjrvyjw9fiyc.irc) has joined #techbytesSep 23 18:36
*DaemonFC has quit (Ping timeout: 2m30s)Sep 23 19:38
*DaemonFC (~DaemonFC@bzfy7qyfg7eje.irc) has joined #techbytesSep 23 19:41
*DaemonFC has quit (connection closed)Sep 23 22:30
*psydroid3 has quit (connection closed)Sep 23 22:57
schestowitz>>> The sound quality of that phone number might not be good enough forSep 23 23:40
schestowitz>>> proper dialog.  Perhaps SIP could be offered as a backup plan.Sep 23 23:40
schestowitz>> It went on OK just now... we spoke for over half an hour. There will beSep 23 23:40
schestowitz>> follow-up, too.Sep 23 23:40
schestowitz>>Sep 23 23:40
schestowitz> Excellent news.Sep 23 23:40

Generated by irclog2html.py 2.6 | ䷉ find the plain text version at this address (HTTP) or in Gemini (how to use Gemini).