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

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock