Bonum Certa Men Certa

Ingve Stjerna's Complaint Casts a Shadow Over the Unconstitutional Unified Patent Court (UPC)

Unconstitutional not only in Germany

Summary: The Unitary Patent is un-Constitutional, according to a lawyer who used to work for UPC-friendly firms but can now say the truth about this abomination

THE ENGLISH [PDF] (and also French [PDF]) translation of the first/seminal article about the UPC complainant in Germany was published on Monday by SUEPO, the EPO's staff union.



This report is quite important. It's the basis for a potential series of filings for consideration by the courts (we are assessing eligibility to do this). Here is the translation as HTML:

06.09.2017

UPC: Düsseldorf Lawyer Stjerna lodged complaint under Constitutional Law



There has been speculation for a long time regarding who initiated the proceedings at the end of March before the Federal Constitutional Court against the UPC agreement. JUVE has now learned from sources in the political world that the complainant is Düsseldorf lawyer Dr. Ingve Stjerna.

Ingve Stjerna

At the end of August the Federal Constitutional Court called on a number of the people involved as well as third parties to give their views. These included, as well as the Federal Government, also the Deutscher Anwaltverein (DAV, the German Law Society), and Eplaw, the European Patent Lawyers Association. Both bodies of lawyers played a considerable part in the process of bringing the UPC into being.

When approached by JUVE, Stjerna had this to say: “The concession to the EPC arrangement is unconstitutional, and only the Federal Constitutional Court can put a stop to it. I hope this succeeds, because otherwise it will be the users in particular who suffer. They need a more legally secure system, and they need it urgently.”

It was only in mid-August that the grounds for the complaint were made public for the first time. Stjerna is contending that, with the UPC agreement, the Federal Republic is surrendering more sovereign rights than is compatible with the need for democracy (Art. 38 Para. 1 Clause 1 of the Basic Law (GG). In detail, he is complaining, among other issues, that the Bundestag passed the ratification laws by a simple majority. Stjerna maintains, however, that a two-thirds majority is needed. He also insists that the UPC agreement is not compatible with European law.

The question of the voting procedure in the Bundestag is regarded by UPC backers as of little consequence, because in March the Bundestag political fractions passed the UPC laws unanimously. Conversely, Karlsruhe could have called on the European High Court with regard to compatibility with Union law. In this case, there is a threat that there will be a considerable delay to the start of the UPC.

What is still unclear, however, is whether the Federal constitutional judges will allow the complaint at all. The wide range of opinions being gathered is a sign to the experts that the judges in Karlsruhe are looking at Stjerna’s complaint very intensely, and will allow it. As far as anyone knows, the judges are setting a very tight deadline on their reaction, such that an initial decision about approval is still possible this year. If the complaints are rejected, then the UPC could potentially get going next year – provided that Great Britain ratifies the UPC agreement this autumn.

Speculations proved right

Over the past few months there has repeatedly been speculation that the person behind the complaint was Stjerna, not least due to the publications by the UPC-sceptical lawyer from Düsseldorf. As early as July he had been posting detailed documents on his Website, among them minutes of meetings and questions put to the political fractions in Bundestag regarding the way they voted.

And as far back as 2012, in an interview with JUVE, he was criticising the political decision-making process with regard to the EU Patent and the new Patent Court had not been handled transparently enough for the public on a European level. He had repeatedly complained about the undemocratic behaviour by the legislature, and so developed into the main critic of the UPC altogether, even though at the time he had been working for the very UPC-friendly law firm of Simmons & Simmons. Before that he was with the patent legal practices of Bird & Bird and Reimann Osterrieth Köhler Haft (now Hoyng ROKH Monegier) in Düsseldorf.

Today Stjerna works as an independent attorney in Düsseldorf. Among colleagues, who recommend him as an experienced expert in the patent field, he also finds fellow-feeling and praise for his critical stand. “He’s putting his finger right on the spot, and he’s saying what a lot of people wouldn’t dare to say, bearing in mind the people they have as clients”, says one Munich patent attorney, for example. With regard to the new Patent Court, the German patent scene is regarded as split. For a long time, not all the attorneys have been fans of the UPC.

Hungary raising the issue too

In the meantime it has also become known that the Hungarian government has also called upon the constitutional court in Budapest for an expert opinion as to whether the UPC laws are compatible with the Hungarian constitution. This could delay the integration of the agreement into national law. This would have no effect on the start of the UPC, however, because in order to be binding it would only need France, Germany, and Great Britain to ratify the agreement. Ten other EU states are needed. In total, 14 states have already concurred with the agreement.

As soon as Germany and Great Britain have ratified the UPC agreement, the court can get going. The UPC should actually already have started in April, and a European-wide Patent Court should have been established, with a uniform protective right, the EU Patent. But Brexit, and then the constitutional complaint in March, have delayed the launch indefinitely.

(Mathieu Klos, Christina Schulze)


Techrights will soon publish more information about this UPC complaint. It's probably the beginning of a big fight between Team UPC/Team Battistelli and the rest of society, i.e. hundreds of millions of Europeans (only few of them are aware of what's going on behind their backs and behind closed doors). ⬆

Recent Techrights' Posts

Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
 
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock