Bonum Certa Men Certa

The EPO's Patent Coup in Europe Moves on With Conflict of Interests-Plagued German Authorities for UPC

Trojan horse



Summary: Germany, careful not to reveal its bias and gross nepotism (not to mention self interest) in this matter, is starting to push for the Unitary Patent Court (UPC), which would potentially destroy Europe's wealth by passing a lot of it to very few (already affluent and usually non-European) actors

THERE is an increasingly urgent and incredibly big EPO scandal that many EPO insiders haven't been paying enough attention to (or were thoroughly misinformed on, as part of the secretive and expensive PR campaign for UPC, let aside the internal censorship). Dr. Glyn Moody wrote about it earlier this month and the EPO's official responses to him only served to reinforce beliefs that the UPC is quite a scandal (against democracy) in the making. The vast majority of European citizens know nothing at all about the UPC, probably by intention -- as obscurity serves the UPC's architects and lobbyists. The UPC is not for Europeans. It's steered by scope maximalists, as FOSDEM recently explained (Stallman too spoke about it).



"The vast majority of European citizens know nothing at all about the UPC, probably by intention -- as obscurity serves the UPC's architects and lobbyists.""Breaking news is that Germany has produced draft bills for implementing the UPC," wrote this new commenter, who spreads terrible news that we have been dreading for months (EPO-funded media repeatedly pressured Germany -- even by shaming -- to do this).

"BMJ is financed with EPO fees," Benjamin Henrion correctly noted, "and they do have a bad record with the swpat [software patents] directive, where they trumped the econ ministry" (we previously wrote about this role of nepotism in UPC promotion inside Germany, putting the country's justice system/ministry to great shame, having led the way in software patents promotion). Spain shows the better way forward and explains the reasons.

Here is the comment in question in its entirety:

Breaking news is that Germany has produced draft bills for implementing the UPC.

https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/RefE_Uebereinkommen_EinheitlichesPatentgericht.pdf?__blob=publicationFile&v=2

https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/RefE_Begleitgesetz_EuropaeischePatentreform.pdf?__blob=publicationFile&v=3

My German may be a little rusty, but I cannot see anything in the two published documents that indicates how German national law will be amended in the light of the substantive provisions of the unitary patent package.

Can anyone shed any light on this situation? I would have thought that at least some modifications of national patent law would be necessary.


"The document of your second link," added another commenter, "proposes all necessary amendments of German Law, particularly for the international patent act and the patent act. But the first link is the more interesting…"

"UPC is a cash cow for patent lawyers in Germany."According to this morning's post from IP Kat: "In its proposal for the legislation implementing the Unified Patent Package in Germany, the German Ministry of Justice suggests a compromise: double patenting vis-a-vis unitary patents is not prohibited, but if an action regarding a unitary patent for the same invention is pending before the Unified Patent Court or is made pending during the national proceeding or has been finally adjudicated by the UPC, then the German court will dismiss the action brought based on the national patent insofar as the patents concern the same invention, provided that the defendant raises the objection before the beginning of the oral hearing (see proposed Article 18 Gesetz über internationale Patentübereinkommen, p. 6 of the linked PDF)."

UPC is a cash cow for patent lawyers in Germany. They would make a lot of money from it, and guess at whose expense...

No wonder it's mostly patent lawyers who are pushing for the UPC, usually behind closed doors. It's an attack on democracy. It is a coup. The UPC is yet another rogue project, maybe on par with (or along with) efforts such as TPP. They are hoping to bypass the European public and covertly impose the 1%'s wishes on all who live inside Europe. Deception, propaganda etc. come into play as soon as the public begins to discover what's going on, whereupon it antagonises. That's when they start pretending that it's good for European SMEs and perpetually spread other such myths.

"BristowsUPC", an LLP rebranded for UPC marketing, has just written about the above. Longtime UPC booster Annsley ​Merelle Ward (also of IP Kat) said: "The German Federal Ministry of Justice and Consumer Protection (BMJV) yesterday published the first draft of legislation that will make it possible for Germany to ratify the Unified Patent Court Agreement. The draft bill was published, together with a second draft bill to implement the Unitary patent system into German law. After a period of consultation, it is anticipated that final draft bills will be introduced into the German parliament before summer 2016. These will then pass through the legislative process in parliament for debate, any amendment, and then a final vote."

"The EPO’s autocracy is now expanding onto other European institutions."Only patent lawyers (and their media) rejoice right now (see the positivity, with optimistic phrases like "A significant development for the #UPC.") while the rest of the public is totally unaware. It is an unacceptable attack on European democracy. "DE, UK & 2 more need to ratify for #UPC to begin," said the patent maximalists (MIP in this case). As Henrion put it last night: "There should be a call to abolish fiscal priviledges for royalties over any type of IP right, and tax it as the same level as labour #fraud"

The EPO's autocracy is now expanding onto other European institutions. This too is a cause for alarm. They don't care what the public thinks; they just do whatever the heck they decided is good for Europe (or for themselves and their mates). It's like with the EPO the EU is increasingly shadowing the worst practices of the Kremlin; oh, lo and behold whose hands Battistelli is now shaking (warning: epo.org link). To quote the latest puff piece showing Battistelli in Russia: "On the occasion of a visit to the EPO in Munich by Grigory Petrovich Ivliev, the new Director General of Rospatent (the Russian Federal Service for IP), the two institutions have committed to further strengthen their co-operation."

That was published yesterday. It's self-serving propaganda disguised as 'news' (and Google News indexes it as such).

"While the EPO says (right there on national television) that it intends to ignore the law and refuse to obey the highest court at The Hague it sure feels comfortable to do its patent brainwashing right there at The Hague."Congratulations, Mr. Battistelli. Having just collaborated with Cubans (who parked Russian nukes just a short distance away from your American masters), you now go visit their old masters in Moscow. Having refused to obey orders from The Hague (renowned for international criminal justice), your obedient PR bunnies now set up shop in The Hague. Irony is not dead yet. While the EPO says (right there on national television) that it intends to ignore the law and refuse to obey the highest court at The Hague it sure feels comfortable to do its patent brainwashing right there at The Hague.

The EPO is officially a rogue institution out of control. The UPC is its latest project and the main threat to this project is European democracy (meaning, people actually becoming aware of what's going on and then voting on it, i.e. against it).

Recent Techrights' Posts

Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
 
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025