Bonum Certa Men Certa

The UPC Gravy Train is Claimed to Have Been “Halted” in Germany and More Oppositions or Constitutional Complaints Are on Their Way

A shipwreck of UPC



Summary: More information surfaces in German and British media today, shedding light on the severity of the mortal situation of the Unitary Patent, which isn't going anywhere any time soon

THE EPO's management is having a hard time today. Benoît Battistelli will probably leave with no UPC in the bag and all these so-called 'reforms' were in vain. Destructive is an understatement.



"Benoît Battistelli will probably leave with no UPC in the bag and all these so-called 'reforms' were in vain."One person asked yesterday: "Are the British now blocking Germany from being true Europeans?"

As we wrote yesterday, Germany cannot proceed without the UK or even on its own, having made some sham votes at 1 AM in the morning. As one comment put it yesterday, "the time table for starting the UPC is in tatters. There is no uncertainty about this."

Here is the full comment:

Even if it is a provisional measure, the mere fact that the German constitutional Court stops the ratification process, shows that the objections raised by the "unnamed private person" must have some value. In the contrary, the Constitutional Court might not have gone so far.

We still have to wait whether the court will accept the petition, and in the affirmative, what the decision as to the merits will be, but the time table for starting the UPC is in tatters. There is no uncertainty about this.

There are further constitutional claims pending before it, but at the moment it is not clear if they are related to the present case, although they might touch upon a similar topic.

In a lecture before the MPI at the end of May, the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.

We leave in interesting times!


That typo was later corrected with: "Sorry for the mishap: please read "We live in interesting times" and not "We leave in interesting times"."

“the former constitutional judge Prof. Broß expressed reservations about the constitutionality of the EPO and hence the UPC. Some of the arguments brought forward cannot be simply wiped away and ignored, although some people would like to do so.”
      --Anonymous
Indeed.

Well, we certainly hope that ordinary EPO staff understands that this is good news. It is their foe, Benoît Battistelli, who should be deeply worried right now. SUEPO has already taken note of this, having added a potpourri of links from the German media [1, 2, 3] and even the British media, which somewhat belatedly covers this setback for the UPC [1, 2]. We are very certain that some blogs and 'news' sites of legal firms will attempt to spin this soon (the subject of future posts of ours). The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all... after all. Irrespective of whether the UK participates or not. The EPO is primarily based in Germany, the EU's largest economy. Without Germany, there will be no UPC. There are some interesting comments (does not require inside knowledge about the EPO) in The Register. "Obviously," the FFII's President wrote, "TheRegister keeps not mentioning the real constitutional problems, starting with rules of procedure not made by parliament(s)."

"The German media, which mostly ignored the EPO scandals, clearly realises that the UPC might not be happening at all... after all."He later said that the Germany-centric "FFII will submit another constitutional complaint in Germany against the Unitary Patent, still looking for deadlines..."

"Governments don't seem to care," said another person (an opponent of software patents), "they are supporting the EPO by supporting the UPC regardless of the problems..."

Watch the UPC dreamers stuck in denial. One of them wrote: "All, let's keep calm and wait to see what's behind it. Maybe it's easy to remedy, maybe not. Maybe just one last hick-up before launch."

Not really. Based on coverage from Bild and FAZ -- coverage that EPO staff is taking note of and which was much anticipated since yesterday -- this is a "halt", not just a delay. FAZ says that the "German Constitutional Court halts UPC ratification," according to a rough translation.

"Don't expect Germany or the UK to ratify any time soon and without them and their courts there's no prospect of starting anything."Managing IP, having promoted the UPC for years, admits the issue by stating: "Caught unawares by UPC delay in Germany? Ingve Stjerna predicted it in 2014! http://www.stjerna.de/index_en_htm_files/Unitarypatent_Constitution.pdf … .@ManagingIP #patent cc. @hwieduwilt"

It also said: "Germany about to put the final nail in the UPC coffin?"

Hey, the final nail in the UPC coffin?

That's 'our' phrase. ;-)

"For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news."Oopsie (UPC) is not happening. Not any time soon. It's stuck in a limbo if not dying. Don't expect Germany or the UK to ratify any time soon and without them and their courts there's no prospect of starting anything. Don't believe those who claim otherwise.

People continue to pursue additional information while patent trolls, who bet their farm on the UPC, must be pursuing more bogus patents at the EPO. What good will these patents be if there's no UPC for them to sue the whole of Europe with (in one fell swoop)?

For those of us who abhor patent trolls (the vast majority of people, albeit not patent firms), the demise of the UPC is good news.

Recent Techrights' Posts

Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Many Reports About Microsoft Layoffs Are LLM Slop Based on Other LLM Slop (From Microsoft-controlled LLMs That Downplay the Layoffs or Give Badly Outdated Data)
The LLM slopfarms also dilute/derank actual news about Linux by pushing Microsoft Azure instead; it's a spamfest!
 
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025
Gemini Links 15/03/2025: Sleeping in March, Headless Raspberry Pi 4
Links for the day
Links 15/03/2025: Hey Hi (AI) Hype Waning, Microsoft and Apple Ridiculed for Vapourware
Links for the day
When You Expose Corporate Crimes, Misconduct and Lies They Harasses and Troll You. Then You Write About the Harassment and Trolling and They Allege It's "All Personal".
protect women's safety
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025
'India Today' is a Slopfarm, Sometimes 'Covering' "Linux" With Slop Images
New example of pure BS
Gemini Links 14/03/2025: Grizzy Bear and Prime Beats
Links for the day
Links 14/03/2025: ProPublica Admitting That It Uses Slop (Foolish Move), RIP Mark Klein
Links for the day
Windows is Fast Becoming Insignificant to Zimbabweans
based on this survey, less than 1 in 6 Web requests may originate from Windows
Rumours of IBM Layoffs Again, This Time Marketing
It's "bad marketing" to talk about layoffs
The Fall of the Open Source Initiative (OSI): The OSI Does Not Speak For You, OSI Staff Speaks for GAFAM/Microsoft (the Paymasters)
they speak for proprietary software companies, but they wear "open" on their sleeve
Microsoft Money Used for Abuse of Women and Against Journalism in Support of Women (the Victims)
"Never interrupt your opponent while he is in the middle of making a mistake."
Slopwatch: linuxsecurity.com and hamradio.my (in Planet Ubuntu) Are at It Again With LLM Slop About "Linux"
LLM slop does not save time
Links 14/03/2025: Chinese Tensions With Australia, Putin Turns Down Ceasefire
Links for the day
Gemini Links 14/03/2025: Löjl and Docker Context Stuff
Links for the day
Links 14/03/2025: Scam Currencies in the US and Oligarchs (Including GAFAM) Controlling All the Major Policies
Links for the day
Antisemitic Attacks on Richard Matthew Stallman (RMS) in Wikipedia This Week
Did the man strike a nerve or what?
Bluewashing Ends DEI at IBM and at Red Hat (HR or Hiring Become Gender- and Race-Neutral)
All that "whitelist is racist" stuff is likely a thing of the past
Links 13/03/2025: Intel Rotates Figurehead and South Korea Imports Karen People From Myanmar
Links for the day
Meanwhile at Microsoft Canonical...
Promoting proprietary surveillance by a company that actively attacks Linux in a lot of ways
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 13, 2025
IRC logs for Thursday, March 13, 2025