Bonum Certa Men Certa

The European Council Confirms That the Unitary/Unified Patent Court Agreement (UPCA) is “Outside the Legal Framework of the European Union”

Another unaccountable authority to be pursued?

Siegfried Broß
Image courtesy: campact.de



Summary: The vision of the Unitary Patent looks a lot like another Battistelli-type regime rather than a court of justice

THE MANAGEMENT of the EPO did some UPC spin with former (until very recently) IP Kat authors. The EPO and others close to Team UPC then boosted this spin; it goes something along the lines of "Britain remains part of the EPC after Brexit and thus UPC is all fine and dandy for the UK to ratify," even though the UPC is neither necessary nor desirable for the UK. This spin came from no-one other than Battistelli, who according to rumours wants (or wanted) to be the UPC's chief.

"The management of the EPO did some UPC spin with former (until very recently) IP Kat authors."Siegfried Broß (pictured above), who repeatedly explained the issues with the UPC, is back as a discussion topic after an IP Kat comment (mentioned here before) which SUEPO has just/must have noticed, adding that "[a]n article and a lecture by Prof. Dr. Siegfried Broß, former judge at the German Federal Constitutional Court of Karlsruhe."

SUEPO made copies and added: "Both documents incidentally also deal with the employment situation of staff members of international organisations."

One of our readers has meanwhile explained another reason to shun the UPC:




The MEP Pascal Arimont submitted a question for written answer to the European Council on 9 February 2017.

"The EPO and others close to Team UPC then boosted this spin..."Mr. Arimont (Wikipedia has information in English) is a Belgian MEP for the Christian Social Party, which sits in the EPP Group in the European Parliament.

"I would go easy on him," said a reader from Belgium. "As member of the central-right European People’s Party, he can can flip in any direction at any moment."

The European Council is the institution of the EU that comprises the heads of state or government of the member states, along with the President of the European Council and the President of the European Commission.

Arimont's question was a follow-up to an earlier question about the UPC. This time he specifically asked the following: "What is the Council doing to ensure that the agreement on a unified patent court is finally ratified by a sufficient number of participant States? — From what date is the new European patent system due to be in operation in its entirety?"

"This spin came from no-one other than Battistelli, who according to rumours wants (or wanted) to be the UPC's chief."The answer which came from the Council on 2 May 2017 is interesting because it confirms that the Unitary Patent Court Agreement (UPCA) is "an international agreement - concluded outside the legal framework of the European Union - which is subject to ratification by those Member States which are parties to it."

So from a legal perspective the UPCA is outside the framework of the EU. It's an "international agreement" much like the European Patent Convention. Although the agreement is concluded among EU states, the EU doesn't seem to have any effective control over the court which it establishes and the agreement seems destined to create another legal "black hole" on the international stage.

Recent Techrights' Posts

How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Links 12/07/2026: Palantir Unrest and Wireshark 4.6.7
Links for the day
Links 12/07/2026: New Instrument Time and PalmOS Experiences in 2026
Links for the day
Red Hat Staff Says IBM Policy Has Stigmatised Him as a Tool and a Slopper With Plagiarism Tools
IBM is killing Red Hat with slop
Freedom of Choice or Freedom Versus Choice (or When All Choices Are Incompatible With Freedom)
When some business asserts that it gives people different options, then it can rightly argue that it offers some choices, but that is not the same as freedom
Techrights IRC Turns 5 Without a “Code of Conduct”, “Code of Conduct Committee”, and All Those Bureaucratic Nightmares
18+ years if one counts our time in Freenode as well
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week