Bonum Certa Men Certa

Unified Patent Court (UPC) is “Fata Morgana”

Werner Herzog's Fata Morgana



Summary: Additional new comments which rebut false claims that the UK will enter the Unitary Patent -- a case of wishful thinking and distortion by those looking to financially gain in the UK from UPC

TEAM Battistelli (top-level EPO management) and Team UPC don't say much about the UPC anymore. It was very different a year ago.



Bristows' Brian Cordery and Rachel Mumby are busy writing about something else (nothing to say about UPC lately) the Bristows staff at IP Kat continues to be rebutted in the comments (as usual). The UPC jingoism doesn't carry water and people are noticing. "To sum it up," said a comment the day before yesterday, "post Brexit stay of the UK in the UPC is a fata morgona..." [sic]

Here is the full comment:

To sum it up: post Brexit stay of the UK in the UPC is a fata morgona [sic], only held alive by those having a (big financial) finger in the pie.

I like the barely blip!

All the corresponding waffling coming from this side should stop. It is getting tiring.

There is also an interesting point raised in JJ's plea before the committee:

"The judges and staff of the court will be exempt from national taxation on their salaries and from national insurance once the court applies its own equivalent tax and puts in place its own social security and health system, but neither exemption will apply to court staff who are British nationals or permanent UK residents."

One of the reasons for not directly taxing salaries of staff of international organisations is to avoid the situation of a different salary for staff of different nationalities and/or working in different places of employment. This applies whether the staff is a citizen of the country in which he works or not.

JJ is thus implying that UK nationals and permanent UK residents will see their UPC salary taxed by HMG. Has anybody realised what an incongruity that is? It is another proof, if one needed one, that HMG is not prepared at all.


And yesterday came this reply:

And this in my opinion leads on to the even more interesting question as to what form of employment law will apply to the staff of the UPC.

The UPC will have its own staff regulations but has it been clarified what court or tribunal then has competence in the case of disputes concerning the application of these regulations.

Please don't say that EU law applies here and that the EU Court has jurisdiction. The UPC like the EPO is not an EU institution. If it would be an EU institution then surely it wouldn't need to have its own Protocol on Privileges and Immunities because the EU PPI would apply.

So can anyone solve the riddle: To what court or tribunal will UPC staff be able to apply for judicial review in the case of employment disputes ?


Nothing. As we noted here several times before, the UPC is envisioned as a law-making or law-enforcing body which itself operates outside the law and is open to endless abuse, such as nepotism. The UPC just needs to be buried. For good. It was a terrible idea all along, for various different reasons other than language differences.

Recent Techrights' Posts

Richard Stallman (RMS) Talk in Ethereum Cypherpunk Congress Will be Remote
This past week RMS received lots of accolades online
Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
 
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day
Links 28/08/2025: Greenland 'Interferences' by US and Skinnerboxes to Get Banned in Korean Schools
Links for the day
The Register MS (Run by Microsoft Operatives): Free Software is Putin, Hence Evil and Dangerous
The current editor in chief is an American Microsofter, the previous one went to work for Google (US)
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025