●● IRC: #techbytes @ Techrights IRC Network: Tuesday, March 29, 2022 ●● ● Mar 29 [02:26] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [02:27] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [02:38] *u-amarsh04 has quit (Quit: Konversation terminated!) [02:57] *u-amarsh04 (~amarsh04@v6xmmrhxmbafc.irc) has joined #techbytes ● Mar 29 [03:00] *u-amarsh04 has quit (Quit: Konversation terminated!) ● Mar 29 [05:24] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [05:28] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [05:47] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [05:48] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [05:57] schestowitz Re: How is the weblog performing? [05:57] schestowitz > *At top level and like it never had a problem. Your fix was perfect.* ● Mar 29 [06:00] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [06:00] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [06:10] *DaemonFC has quit (Ping timeout: 2m30s) ● Mar 29 [07:14] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [07:15] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [07:16] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [07:16] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes ● Mar 29 [08:24] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [08:24] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [08:31] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [08:31] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes [08:31] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [08:31] *freer (~UC401@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes ● Mar 29 [10:35] schestowitz x https://cio.economictimes.indiatimes.com/news/digital-security/microsoft-expands-programme-to-skill-indians-in-cybersecurity/90508207 [10:35] -TechBytesBot/#techbytes-cio.economictimes.indiatimes.com | microsoft: Microsoft expands programme to skill Indians in cybersecurity, CIO News, ET CIO [10:35] schestowitz # M$ is trolling India with charades [10:36] schestowitz https://foreignpolicy.com/2022/03/28/pentagon-defense-strategy-russia-ukraine-war/ [10:36] -TechBytesBot/#techbytes-foreignpolicy.com | Pentagon Briefs Defense Strategy to Congress [10:36] schestowitz = [10:36] schestowitz https://www.telegraph.co.uk/world-news/2022/03/29/ukraine-russia-war-latest-peace-talks-zelensky-putin-mariupol/ [10:36] -TechBytesBot/#techbytes-www.telegraph.co.uk | Russia-Ukraine latest news: Roman Abramovich pictured at fresh peace talks weeks after 'poisoning' [10:36] schestowitz = [10:36] schestowitz https://www.telegraph.co.uk/news/0/matt-cartoons-march-2022/ [10:36] -TechBytesBot/#techbytes-www.telegraph.co.uk | Matt cartoons March 2022 - News ● Mar 29 [11:01] schestowitz http://patentblog.kluweriplaw.com/2022/03/23/is-upc-victim-of-a-latent-vice/#comments [11:01] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Is UPC Victim of a Latent Vice? - Kluwer Patent Blog [11:01] schestowitz " [11:01] schestowitz Concerned observer [11:01] schestowitz MARCH 23, 2022 AT 4:00 PM [11:01] schestowitz Matthieu, 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. [11:01] schestowitz From 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. [11:01] schestowitz Firstly, 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. [11:01] schestowitz Secondly, 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. [11:01] schestowitz Thirdly, 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. [11:01] schestowitz The 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 [11:01] schestowitz extensive 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. [11:01] schestowitz William Garry [11:01] schestowitz MARCH 23, 2022 AT 5:52 PM [11:01] schestowitz Probably not a common court in the light of CJEU jurisprudence (Achmea). [11:01] schestowitz There 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. [11:01] schestowitz Max Drei [11:01] schestowitz MARCH 23, 2022 AT 11:03 PM [11:01] schestowitz Also 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. [11:01] schestowitz Thousands of jobs are at stake. [11:01] schestowitz What judge is brave enough to go against all that, even under the assumption that the legal case against the factory is overwhelming? [11:01] schestowitz Compared 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- [11:01] schestowitz interest. [11:01] schestowitz What international industry wants, these days, it gets, regardless of any legal obstacles standing in the way. [11:01] schestowitz Attentive Observer [11:01] schestowitz MARCH 25, 2022 AT 10:12 AM [11:01] schestowitz I 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. [11:01] schestowitz How 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? [11:02] schestowitz As 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. [11:02] schestowitz As 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. [11:02] schestowitz The only conclusion to be drawn is that lobbyism and private interests are more present in our day and age than ever before. [11:02] schestowitz Concerned observer [11:02] schestowitz MARCH 28, 2022 AT 12:20 PM [11:02] schestowitz Attentive, 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. [11:02] schestowitz Yes, 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. [11:02] schestowitz Patent robot [11:02] schestowitz MARCH 25, 2022 AT 1:28 PM [11:02] schestowitz To 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. [11:02] schestowitz zoobab [11:02] schestowitz MARCH 28, 2022 AT 11:43 AM [11:02] schestowitz How Breton did not answer a parliamentary question from MEP Breyer: [11:02] schestowitz https://twitter.com/zoobab/status/1501933238989688833 [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 https://t.co/9ncD4q4VUM [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 https://t.co/9ncD4q4VUM [11:02] schestowitz The 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: [11:02] schestowitz https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62009CV0001 [11:02] -TechBytesBot/#techbytes-eur-lex.europa.eu | EUR-Lex - 62009CV0001 - EN - EUR-Lex [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 C337/95 Parfums Christian Dior [1997] ECR I6013, 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 [11:02] schestowitz ensuring the full effectiveness of the rules of the European Union. [11:02] schestowitz If you read the Spanish complaint, this point has not been decided by the CJEU, because they could not decide on it for legal reasons. [11:02] schestowitz " [11:10] *DaemonFC (~daemonfc@tqegvjsx7fdka.irc) has joined #techbytes ● Mar 29 [12:33] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has joined #techbytes [12:33] *drawers (~exeqciusm@joseon-jf1.dmh.mtb4mu.IP) has left #techbytes ● Mar 29 [13:11] schestowitz (cat) gemini://nytpu.com/cheetahs/D544.jpg [13:53] schestowitz " [13:53] schestowitz In 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. [13:53] schestowitz SUEPO 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. [13:53] schestowitz Please read more here if, as we hope, you intend to participate. [13:53] schestowitz [13:53] schestowitz LOGISTICS [13:53] schestowitz Update: [13:53] schestowitz On 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. [13:53] schestowitz To 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. [13:53] schestowitz " ● Mar 29 [14:00] *DaemonFC has quit (Quit: Leaving) [14:02] *u-amarsh04 (~amarsh04@v6xmmrhxmbafc.irc) has joined #techbytes ● Mar 29 [18:12] *u-amarsh04 has quit (Quit: Konversation terminated!) [18:58] schestowitz https://translate.google.com/translate?sl=sv&tl=en&u=https://svenska.yle.fi/a/7-10014592 [18:58] schestowitz https://en.wikipedia.org/wiki/Dagny_Carlsson [18:58] -TechBytesBot/#techbytes-svenska-yle-fi.translate.goog | SVT: Sveriges ldsta bloggare Dagny Carlsson r dd Utrikes svenska.yle.fi [18:58] -TechBytesBot/#techbytes-en.wikipedia.org | Dagny Carlsson - Wikipedia [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 isnt bad but 109, thats incredible. [18:58] schestowitz I think you started in Dec 2004. ● Mar 29 [21:10] *DaemonFC (~daemonfc@znahu4npa3evq.irc) has joined #techbytes [21:19] schestowitz https://twitter.com/zoobab/status/1508750282418794496 [21:19] -TechBytesBot/#techbytes-@zoobab: @JBRivoire @Elysee Consultant pour Rothchild manque toujours au CV de Mr Breton https://t.co/5oGG3M6Poe