Bonum Certa Men Certa

Dr. Siegfried Broß Says UPC is in Constitutional and Democratic Grey Area, Abuses at the European Patent Office Contribute to That

Judge Broß has been writing lengthy articles on the subject

Bross article page



Summary: Warnings about the inherent problems with the Unified Patent Court (UPC) are stressed amid Constitutional complaints/backlash in Germany -- almost certainly a fatal blow to "unitary" anything any time soon

LESS than a month ago (28th of November, 2017) there was a ceremony of the firm Cohausz & Florack in Munich. At the opening of the event there was a speech which has just been mentioned by UPC boosters like Christopher Weber and then FFII. UPC is mentioned about 3 dozen times and for preservation purposes (these things tend to vanish years down the line) we've made a copy of the translation (the copyright is the speaker's). The FFII picked this paragraph from pages 16-17: "If we now look more closely at the Unified Patent Court, we need to consider the following issues individually. To start with, we need to point out that the planned Agreement on the Unified Patent Court within the EU is destined not to succeed from the outset because it is predated by quite fundamental misconceptions. This agreement does not cover patent law per se, but rather the patents granted in accordance with the European Patent Convention. At first look, there may be nothing to objectionable about this. However, if we consider the constellation professionally and objectively with some critical distance, we notice that the Agreement is only intended to afford judicial protection within the EU if a patent application was successful in accordance with the European Patent Convention. Conversely, no access to the EU’s Unified Patent Court is intended for failed applicants in proceedings before the European Patent Office. This finding throws up various questions and casts the whole project into a constitutional and democratic grey area."



There are many more things in these pages (especially the second half) which slam the UPC as a concept. Not entirely surprising, especially given the speaker. There are serious violations of the law and the principles of law at the very heart of the EPO. Broß spoke and wrote about these issues many times before (in journals, news sites, television and more).

Speaking of these violations, check out the last comment in IP Kat. Having written about whistleblowing for nearly a decade, I know that Judge Corcoran's speech is protected and moreover, what he said wasn't so different from what a lot of EPO staff was saying (and circulating) at the time. Battistelli and his Croatian bulldog just needed a convenient scapegoat at the time -- someone whose life they can destroy to scare all the rest.

On your first reason, if public comments amount to a disciplinary offence, then the fact that they are pseudonymous doesn't change that. The issue is what the comments say, not whether the public can identify who made them.

On your second reason, whistleblowing may sometimes be justified to expose serious wrongdoings in the public interest, but pseudonymous comments on the internet would not be the right way to go about it.

Where someone has serious allegations and evidence to back them up, but there is effectively no internal channel, it may be justified to take them to a reputable investigative journalist. Such a journalist would check the facts before publication, and protect the source. A report in a reputable newspaper would consequently be much more believable and much more likely to achieve results.

While I've not seen the comments made in the present case, the pseudonymous nature and absence of independent checking would make it difficult to determine whether they were justified by hard evidence. Or were they merely repeating allegations made elsewhere and stating opinions? Or possibly a mixture of all these?


Just remember that, as we wrote on Thursday morning, the Corcoran affair serves to show that at the EPO the criminals try to criminalise those who speak about their crimes. A system so chronically incapable of introspection would be characteristic of small dictatorships in Africa, certainly not Bavaria.

Recent Techrights' Posts

IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
 
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026