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

Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
 
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day