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

-TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKat

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It seems to me that the following considerations of the UPCA have also been completely ignored by the proponents of the UPC :

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CONSIDERING 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;

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CONSIDERING 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;

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RECALLING 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

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secondary Union law.

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Surely, there must be something in those considerations upon which a party, including any member state, could act and seize the EUCJ ?

http://ipkitten.blogspot.com/2021/09/dabus-ai-inventor-or-emperors-new.html?showComment=1632378416986#c8930027865632591835

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I 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

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Sep 23 11:21

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | DABUS: An AI inventor or the Emperor's New Clothes? - The IPKat

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With 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.

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It is difficult to understand what he wants to achieve.

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His views are often contentious and do not really bring matters forward.

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In the DABUS case his point of view is neither compelling nor convincing contrary to that of his colleagues.

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http://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632391104819#c5034526133030620816

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKat

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@NeverADullMoment

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Art 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."

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No approval of the UPCA by the CJEU is foreseen.

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http://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632391050379#c1113197399893746806

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKat

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The UPC is the revenge of the lawyers over the patent attorneys.

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Although 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.

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They wanted to keep the pie for themselves and wanted to have the exclusivity of representation before the UPC.

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They 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.

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Art 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.

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According 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.

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In other words they will have a similar position as accompanying persons according to G 4/95 in procedures before the EPO....

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Contest the Education and Childcare allowance reform - Request for Review templates

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Dear SUEPO members,

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Dear colleagues,

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On 29 June the Administrative Council decided on the Education and Childcare Reform to the detriment of many EPO staff and their families.

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In order to give support to our members and all EPO staff SUEPO Central decided to provide you with Request for Review templates.

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Defend your rights and send a Request for Review before the 29 September 2021.

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SUEPO provides you with two templates and annexes

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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).

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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”.

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Urgent 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!

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