Bonum Certa Men Certa

Lack of Independence of the Boards of Appeal at the European Patent Organisation (EPO) a Fatal Blow for the UPC

Boards of Appeal



Summary: Issues associated with the EPC, namely the lack of separation of powers at the EPO, may mean that the UPC is merely a zombie waiting to accept its permanent death

According to this page from the EPO (apparently new): "Current planning is that the Boards of Appeal will start operations at their new building on: 2 October 2017." That's just a few days after Kongstad leaves. He has, to a large degree, been to blame for the loss of independence of the Boards of Appeal, having gone along with Battistelli.



"Not as handy as it is currently," commented one legal firm, describing itself as a London/Cambridge-based "Internationally renowned firm of European and UK Patent, Trade Mark and Design attorneys with a highly experienced and friendly team."

Managing IP, another British entity one might expect to be EPO-friendly, joked about "Reinforcing the @EPOorg Boards' "independence". Good to see they still have a canteen, though."

It's sarcasm of course. "And no room for the numbers of people or hearings needed to do the work," said another person, "as I hear."

So they can't even do their job properly, as noted last year. The EPC looks shredded and miserable.

Where is Team UPC when all of this is happening? British elements of Team UPC are still ignoring what happened some days ago. It was major news, but they are still conveniently ignoring it, resorting to Estonia instead (no kidding!), as they have been doing since last month.

Won't they ever admit that the UPC is in trouble both in Germany and the UK? All they have said about it so far was pure spin if not outright lies (we rebutted those).

The matter of fact is, the UPC (in its current form) won't happen if Britain leaves the EU. Jones Day's staff (Olga Bezzubova, Diana Leguizamón-Morales and John Podtetenieff) reposted a few days ago -- again in a site for lawyers -- concerns about this conformity step, as if the EPO obeying European authorities is somehow a bad thing.

At around the same time, just before the weekend, a site for UK lawyers cited The Register (a partner/sister site) in relation to the situation in Germany:

Last month it emerged that Germany's Constitutional Court was considering whether legislation backed by the country's parliament, which would give recognition to the jurisdiction of the UPC in Germany, is constitutional.

Details of who has raised the complaint and what the precise grounds for it have not yet been confirmed. However, patent law specialist Marc L. Holtorf of Pinsent Masons, the law firm behind Out-Law.com, said two distinct rumours have been circulating as to the basis for the complaint.

Holtorf was commenting after The Register cited reports in Germany that have suggested concerns about the independence of the Board of Appeal at the European Patent Office (EPO) are behind the legal challenge. The concerns relate to the powers held by EPO president Benoit Battistelli and the extent to which those powers enable him to influence judicial appointments, according to the reports.

"A perceived lack of independence of judges could be an obstacle if Germany wants to transfer judicial power to such a court," Holtorf said. However, he said a second "simpler" rumour as to the legal basis for the constitutional complaint had also emerged in the country.



In IP Kat comments, noting similar reporting in The Register and in German sites ("About the Unitary patent and the German Constitutional Court case"), people have written about the relation or correlation between the lack of independence and the status of the UPC:

Rumours emerge on basis for legal challenge against Unified Patent Court reforms in Germany

Alternative reports have emerged in Germany about what the basis for a legal challenge brought against legislation passed in Germany to ratify the planned new Unified Patent Court (UPC) system in Europe is, an expert has said.

https://www.out-law.com/en/articles/2017/july/rumours-emerge-on-basis-for-legal-challenge-against-unified-patent-court-reforms-in-germany/


So they're finally getting it. Ever since Battistelli viciously attacked the boards (in 2014 it culminated in a "house ban") things have gone very rogue both for Battistelli and his 'baby', the UPC.

We don't expect any progress to be made on the UPC, not even after the summer.

Recent Techrights' Posts

Red Hat's Official Site Yesterday: Promoting 'Secure' Boot in Machines You Don't Own or Control Anyway
"To be clear, CentOS Linux no longer exist"
Microsoft's Bing Falls to Fourth in the Europe/Asia-Based Turkey, Share Halved Since LLM Hype, Now Only 1% (Sometimes Less)
Turkey (Eurasia) is another example of Microsoft failing with LLM hype and just burning a lot of energy in vain (investment without returns)
 
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Fabian Gruenbichler & Debian: former GSoC student added to keyring
Reprinted with permission from Daniel Pocock
Links 18/07/2024: ORG Complaint to ICO About Facebook, Korean Double Agent Unmasked
Links for the day
Joel Espy Klecker & Debian on Joe Biden's health and Donald Trump's assassination
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 17, 2024
IRC logs for Wednesday, July 17, 2024
Links 18/07/2024: Hostname Pedantry and Retro Coding
Links for the day
Fedora Week of Diversity (FWD) 2024 Attracting 0.01% of the IBM Staff "Was a Success"
They expect volunteers (unpaid slaves) to do the PR for them...
African's Largest Population (Nigeria) Approaching 80% Android "Market Share" Amid Steady Monthly Increases While Microsoft Has Mass Layoffs in Nigeria
Microsoft- and Apple-sponsored Western (or English-speaking) media chooses to ignore that or treat it as irrelevant (a racist disposition in its own right)
[Meme] The Warlord's Catspaw
Thugs that troll us
Microsoft Misogyny Will be the Fall of Microsoft (Covering Up for Misogynists is a Huge Mistake and Highly Misguided Short-term Strategy)
Microsoft's undoing may in fact be its attitude towards women
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day