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schestowitzRe: How is the weblog performing?Mar 29 05:57
schestowitz> *At top level and like it never had a problem. Your fix was perfect.*Mar 29 05:57
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schestowitzx 29 10:35
-TechBytesBot/ | microsoft: Microsoft expands programme to skill Indians in cybersecurity, CIO News, ET CIOMar 29 10:35
schestowitz# M$ is trolling India with charadesMar 29 10:35
schestowitz 29 10:36
-TechBytesBot/ | Pentagon Briefs Defense Strategy to CongressMar 29 10:36
schestowitz=Mar 29 10:36
schestowitz 29 10:36
-TechBytesBot/ | Russia-Ukraine latest news: Roman Abramovich pictured at fresh peace talks weeks after 'poisoning'Mar 29 10:36
schestowitz=Mar 29 10:36
schestowitz 29 10:36
-TechBytesBot/ | Matt cartoons – March 2022 - NewsMar 29 10:36
schestowitz 29 11:01
-TechBytesBot/ | Is UPC Victim of a Latent Vice? - Kluwer Patent BlogMar 29 11:01
schestowitz"Mar 29 11:01
schestowitzConcerned observerMar 29 11:01
schestowitzMARCH 23, 2022 AT 4:00 PMMar 29 11:01
schestowitzMatthieu, whilst you have a good point regarding the “fragile” legal basis of the UPC, the important question is whether this will make any difference in practice.Mar 29 11:01
schestowitzFrom a practical point of view, one could be forgiven for concluding that the UPC will now be effectively immune from any legal challenge, no matter how well-founded and persuasive. This is for three main reasons.Mar 29 11:01
schestowitzFirstly, the UPC enjoys strong political support at the highest levels (including in the European Commission, the European Parliament and the most influential EU Member States). Whilst this should not have any bearing upon UPC-related deliberations of the CJEU, experience teaches us that the CJEU is perfectly capable of delivering decisions whose conclusions show signs of being “politically” motivated.Mar 29 11:01
schestowitzSecondly, the judges of the UPC are hardly likely to reach the conclusion that the legal basis for the UPC – and hence also the legal basis for their employment – is not valid.Mar 29 11:01
schestowitzThirdly, invalidation of the UPCA would make the EU Regulations governing unitary patents completely unworkable. This would leave EPs granted as unitary patents in legal limbo, and potentially unenforceable. This factor could persuade the courts to seek out a way of upholding the UPCA even if they conclude that it is manifestly invalid.Mar 29 11:01
schestowitzThe fact that the UPC seems to be a fait accompli will certainly please the litigation lawyers that crafted the UPCA, persuaded politicians to pick up the project, nursed it through several episodes that seemed certain to spell its demise, and staffed the preparatory and advisory committees. Nevertheless, whilst those lawyers will be quick to point to the purported benefits of the UPC, I have yet to see any sign of an acknowledgement that their Mar 29 11:01
schestowitzextensive involvement in the UPC project could be seen as inappropriate (and a conflict of interests) in view of the fact that they stand to become the biggest beneficiaries of the advent of the UPC.Mar 29 11:01
schestowitzWilliam GarryMar 29 11:01
schestowitzMARCH 23, 2022 AT 5:52 PMMar 29 11:01
schestowitzProbably not a common court in the light of CJEU jurisprudence (Achmea).Mar 29 11:01
schestowitzThere has been a parliamentary question about this, but Mr Breton did not answer the question in the light of the jurisprudence, adding to the mix that everything has been solved to deal with opinion 1/09, which is false.Mar 29 11:01
schestowitzMax DreiMar 29 11:01
schestowitzMARCH 23, 2022 AT 11:03 PMMar 29 11:01
schestowitzAlso in the news is the TESLA Giga-Factory in Brandenburg, because it has just this week gone into production. Elon Musk has invested billions in the project, despite numerous lawsuits striving to halt the mega-project in its tracks. But politicians in Germany have invested even more of their credibility than Musk has of his shareholders’ money.Mar 29 11:01
schestowitzThousands of jobs are at stake.Mar 29 11:01
schestowitzWhat judge is brave enough to go against all that, even under the assumption that the legal case against the factory is overwhelming?Mar 29 11:01
schestowitzCompared with such matters it requires a minimum of wilful blindness for judges steadfastly to turn a collective blind eye to the manifest unlawfulness of the UPCA, because (unlike the Tesla factory drinking all the groundwater in the German State of Brandenburg) it is a topic of interest only to a few obsessive patent practitioners, whose viewpoint is easily swept aside by the many proponents of the UPC as being nothing more or less than naked self-Mar 29 11:01
schestowitzinterest.Mar 29 11:01
schestowitzWhat international industry wants, these days, it gets, regardless of any legal obstacles standing in the way.Mar 29 11:01
schestowitzAttentive ObserverMar 29 11:01
schestowitzMARCH 25, 2022 AT 10:12 AMMar 29 11:01
schestowitzI can agree with Concerned Observer, but I continue to claim that by abolishing the rule of law, which will be the case if the UPC starts in the present form, we will end in a legal jungle. This is not what I wish for my children and grandchildren.Mar 29 11:01
schestowitzHow can a court be abiding Union law or Art 6(1) ECHR if a judge can be removed from office by his peers without offering any means of redress? Or do you want a UPC judge to go to Geneva like members of the BA have to do?Mar 29 11:01
schestowitzAs far as the Tesla factory is concerned, one can agree with Max Drei and understand that politicians have jobs in mind. This is also one of the reasons Germany has always been resisting new rules of CO2 emissions by car.Mar 29 11:02
schestowitzAs far as jobs are concerned, I fail to see that UPC judges could not continue to live with what they earned before coming to the UPC, and the big lawyer firms have already deep pockets which do not need to get deeper.Mar 29 11:02
schestowitzThe only conclusion to be drawn is that lobbyism and private interests are more present in our day and age than ever before.Mar 29 11:02
schestowitzConcerned observerMar 29 11:02
schestowitzMARCH 28, 2022 AT 12:20 PMMar 29 11:02
schestowitzAttentive, I believe you underestimate the ability of those steering the destiny of the UPC to arrange for large servings of legal fudge that will keep the show on the road. One need only look to the Northern Ireland Protocol to see how the irreconcilable can be reconciled in a legal document.Mar 29 11:02
schestowitzYes, the UPC might be irreconcilable with fundamental rights guaranteed with the ECHR. It may also suffer from fundamental flaws, including worrying democratic deficits. But the same could be said for the EPC … and there is no sign that any judicial instance will take steps to pull that particular international convention back into a land where the rule of law reigns supreme.Mar 29 11:02
schestowitzPatent robotMar 29 11:02
schestowitzMARCH 25, 2022 AT 1:28 PMMar 29 11:02
schestowitzTo avoid a UPC disaster, one can only hope that the Italians, who have most to lose (London to Paris/Munich only) and can block the entire UPC thanks to the “authentic interpretation”, strongly intervene by requesting the signature a new protocol which fixes all pending issues, including the London section.Mar 29 11:02
schestowitzzoobabMar 29 11:02
schestowitzMARCH 28, 2022 AT 11:43 AMMar 29 11:02
schestowitzHow Breton did not answer a parliamentary question from MEP Breyer:Mar 29 11:02
schestowitz 29 11:02
-TechBytesBot/#techbytes-@zoobab: UPC: Breyer: "Is it a Common Court according to CJEU jurisprudence?" Breton: "It is a Common Court because it is w… 29 11:02
-TechBytesBot/#techbytes-@zoobab: UPC: Breyer: "Is it a Common Court according to CJEU jurisprudence?" Breton: "It is a Common Court because it is w… 29 11:02
schestowitzThe CJEU emphasized the UPLS court model of 2009 was NOT a “common court” as the Benelux Court of Justice (which cooperates with National Courts in order to respect the principle of Autonomy of EU law), the UPC design is still the same as the UPLS on, here mentioned in Opinion 1/09 as the “PC”:Mar 29 11:02
schestowitz 29 11:02
-TechBytesBot/ | EUR-Lex - 62009CV0001 - EN - EUR-LexMar 29 11:02
schestowitz“82. It must be emphasised that the situation of the PC envisaged by the draft agreement would differ from that of the Benelux Court of Justice which was the subject of Case C‑337/95 Parfums Christian Dior [1997] ECR I‑6013, paragraphs 21 to 23. Since the Benelux Court is a court common to a number of Member States, situated, consequently, within the judicial system of the European Union, its decisions are subject to mechanisms capable of Mar 29 11:02
schestowitzensuring the full effectiveness of the rules of the European Union.”Mar 29 11:02
schestowitzIf you read the Spanish complaint, this point has not been decided by the CJEU, because they could not decide on it for legal reasons.Mar 29 11:02
schestowitz"Mar 29 11:02
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schestowitz(cat) gemini:// 29 13:11
schestowitz"Mar 29 13:53
schestowitzIn 2010 and 2013 the Central Staff Committee (CSC) carried out an office-wide scientific survey on psychosocial risks at work, prepared by Technologia[1] Paris. SUEPO carried out the same survey in 2016 (since Mr Battistelli had prevented the CSC to organise the survey in house), and a fourth edition in March 2020 just at the onset of the pandemia.Mar 29 13:53
schestowitzSUEPO has therefore decided to organise the fifth edition of the Technologia Staff Survey. Although this announcement is published by SUEPO, it is addressed to all staff of the EPO – not only to SUEPO members.Mar 29 13:53
schestowitzPlease read more here if, as we hope, you intend to participate.Mar 29 13:53
schestowitz Mar 29 13:53
schestowitzLOGISTICSMar 29 13:53
schestowitzUpdate:Mar 29 13:53
schestowitzOn Wednesday morning, March 30, 2022, invitations (as well as reminders) for the Technologia survey will be automatically emailed to ALL active SUEPO members as well as non-SUEPO members who have signed up to participate in the survey.Mar 29 13:53
schestowitzTo ensure the highest standards of security and confidentiality, SUEPO will use the services of BigPulse's mail distribution technology. SUEPO has a long history of trustful cooperation with BigPulse; we conduct electronic elections for our local offices through their platform.Mar 29 13:53
schestowitz"Mar 29 13:53
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schestowitz 29 18:58
schestowitz 29 18:58
-TechBytesBot/ | SVT: Sveriges äldsta bloggare Dagny Carlsson är död – Utrikes – svenska.yle.fiMar 29 18:58
-TechBytesBot/ | Dagny Carlsson - WikipediaMar 29 18:58
schestowitz> She has me beat in all categories except the years she was a blogger, which were relatively few. I started in December 2005 and have been at it  ever since. That in itself is a long time. As to age, hell,  93 isn’t bad but 109, that’s incredible. Mar 29 18:58
schestowitzI think you started in Dec 2004.Mar 29 18:58
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schestowitz 29 21:19
-TechBytesBot/#techbytes-@zoobab: @JBRivoire @Elysee Consultant pour Rothchild manque toujours au CV de Mr Breton 29 21:19

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