Bonum Certa Men Certa

Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

"Truth is treason in the empire of lies."

Or: Truth is sunshine to the vampires of lies.

Amazing sunlight



Summary: Team UPC ("empire of lies") is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything

WE CAN quite safely assume that most examiners at the European Patent Office (EPO) aren't happy with the direction the Office has taken. Staff surveys have repeatedly shown this (with large margins). António Campinos is just more of Battistelli and they carry on lowering patent quality, based on studies they attempt to suppress. They're meanwhile creating new loopholes/routes to software patenting in Europe and striving to replace 'naughty' European courts (that 'dare' oppose such patents) with something more 'obedient' or complicit. EPO judges are casualties as they're being terrorised to the point where it's dangerous (to one's career) to oppose patent maximalists. Only weeks ago we saw Campinos intervening in favour of software patents. He made remarks about an important upcoming case. Does he not have something better to do (than meddling in legal matters he lacks technical qualifications in)?



"Only weeks ago we saw Campinos intervening in favour of software patents. He made remarks about an important upcoming case."Who's in charge of the EPO? Certainly not the law or judges who enforce/review that law. A politician from France/Portugal calls all the shots. These aren't scientists but politicians! Nontechnical autocrats, people who keep calling patents "property" yet again (they're not property). "You mean patents," I told them last night. They never respond. On they go with joint EUIPO lies (now 3 weeks of that disgraced "IP" 'study', tweeted and retweeted every single day). Pure pseudoscience and an insult to facts.

Should we be surprised that several nations -- not just Germany -- openly oppose the handover of patent courts to EPOnia? Or that scholars issue strongly-worded criticisms when they're not on the EPO's payroll?

"Should we be surprised that several nations -- not just Germany -- openly oppose the handover of patent courts to EPOnia?"Team UPC hardcores (apparently a Brit in Munich) are tweeting (quoting) that "rule of law within the EPOrg are criticised. This question is further explosive against the background of the equally pending constitutional complaint against the Unified Patent System."

Tweets aren't journalism, but this is a translation of a journal. This thread in full says: "Potential impact of G3/19 on DE constitutional complaints; UPC? Prof. Haedicke, GRURInt 2019, 885 on referral G3/19 (from orig German): "This conflict, however, is about much more than the question of the interpretation of A53(b) EPC. It makes it clear that the [EPO President] and the AC seem to have a different understanding of the relationship between the institutions of the EPOrg than the Boards of Appeal. The scope of the judicial control over legislative acts of the AC and the degree to which the AC is bound by the [...] interpretation of the EPC rules by the BoA are controversial. In question is the power of the judiciary to take binding decisions on the interpretation of the EPC which go beyond the individual case. Also affected is the role of the President of the EPO and the system of [...] checks and balances within the EPOrg resulting from the separation of powers.[…] The effects of this dispute thus extend far beyond the concrete question of fact. If the AC were able to change the case law of the Enlarged BoA in order to extend its binding force beyond the [...] individual case, this would enhance the position of the AC, significantly weaken the BoA & strengthen the position of the critics of the EPC to its detriment. The referral may also have consequences for several pending constitutional complaints in which shortcomings in the [...] rule of law within the EPOrg are criticised. This question is further explosive against the background of the equally pending constitutional complaint against the Unified Patent System. It is of great importance to ensure that the relationship between the AC and the BoA [...] complies with principles of the rule of law.”

"It doesn't matter what some lawyers and politicians at the EPO (and around it) say; at the end of the day the issue is now in the hands of judges the EPO does not control (perhaps with the exception of Stephan Harbarth)."The litigation 'industry' refuses to let UPC/Unitary Patent die. Herbert Smith Freehills LLP still mentions it in relation to Brexit (and promoted its take on it earlier this week).

It doesn't matter what some lawyers and politicians at the EPO (and around it) say; at the end of the day the issue is now in the hands of judges the EPO does not control (perhaps with the exception of Stephan Harbarth).

Widespread condemnation or popular uprise won't be possible (as happened with the EU copyright directive) if media refuses to cover it.

Recent Techrights' Posts

Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024