Bonum Certa Men Certa

UPLS is on the Rocks

Beach



Summary: The unified patent litigation system (UPLS) -- a back door to software patents in Europe -- may be on its deathbed

FOR those who do not know, UPLS is one of the latest sets of clothing for those whose goal is to subvert EU law and make Free software borderline illegal in the whole continent (freedom gone in one fell swoop). Axel H. Horns has been keeping an eye on the subject for quite some time and his latest report calls TFEU "a monster". Glyn Moody wonders out loud, "could this kill the EU patent?"



This TFEU is a monster. I do commiserate with the Judges who are confronted with the inescapable duty to make sense of all that. In the above text I merely have picked up some of the contributions made. See the full text in the minutes of the Hearing as linked above to enjoy the full spectrum of legal arguing as presented in Luxemburg.

Obviously the points made by the opponents of the PC are least partially seen even by the supporters. For me as a humble Patent Attorney it appears to be entirely open as to whether or not the Court might accept the golden argumentative bridges built by various Governments (see above for the German version) in order to make the overall construct looking compatible with the EU Treaties.

There is even arguing that - at least in the present phase of lawmaking - the referral is inadmissible.

What I don't understand is this: Why on earth did various EU Member States press in the negotiations so hard to include countries which are not EU Member States? It would have been a titanic effort to push through a EU Patent plus a EU Patent Court exclusively for EU Member States. But the complexity which now has been arranged by the decision of the EU Council to include non-EU countries is sheer overwhelming.


More from Axel (prior to the above):

In some earlier posting I had reported that, on the occasion of the 2945th session of the Council of the European Union - Competitiveness Configuration (Internal Market, Industry and Research) - held on May 28, 2009, and in accordance with a Presidency proposal, a decision was taken to allow for a re-examination by the European Court of Justice (now: Court of Justice of the European Union) of the compatibility of the drafted agreement on a single court system for solving patent disputes. However, the EU Council did not publish any Documents from which the gist of the questions put before the ECJ could be derived.


Here is another new take on the subject:

UPLS: 'We will fight them on the beaches ...'



The Court of Justice of the European Union has received submissions in Opinion 1/09 Unified patent litigation system. In this Report for the Hearing, almost all possibilities regarding the legality of the proposed unified patent litigation system are contemplated:
"16 The observations submitted argue one of the following: (i) that the request for an opinion is inadmissible or (ii) that the draft agreement is incompatible with the Treaty [establishing the European Community] or (iii) that it is necessary to make amendments to the draft agreement in order to ensure its conformity with the Treaty or (iv) that the draft agreement is compatible with the Treaty".


What a mess. This is good news and the FFII is pleased. It will also attend LinuxTag 2010 for those who are interested. ⬆

Recent Techrights' Posts

The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
 
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026