Bonum Certa Men Certa

Christine Lambrecht (German Minister of Justice and Consumer Protection) Ignores the Fact That Even Patent Experts Reject the Unitary Patent (UPC)

And "more than 71.4 % of judges no longer support the UPC," based on a recent survey

Christine Lambrecht
Photo source



Summary: The debacle single-handedly caused by and attributable to Christine Lambrecht, who is eager to appease litigation lawyers, is made yet worse by the fact that people in this domain/profession reject what she's trying to ram down people's throats

PRESIDENT António Campinos from the European Patent Office (EPO) has said nothing about the FCC's decision except that foolish praise of the ludicrous statement from Christine Lambrecht. Campinos disregards judges and courts almost as much as Benoît Battistelli did (if not more so). Later he'll wonder why only about 3% of the staff trusts him based on a recent survey.



"Brexit is, in its own right, an incompatibility for the UPC."Last week we became aware of an article in which a law firm called Cohausz & Florack explains: [via Lexology]



The UPC is now being widely questioned. According to a Juve survey of more than 600 patent experts in April 2020, 55.3% actually reject it. Only 33.6 % of those questioned still support it. The result is even clearer among the attorneys and judges surveyed: 56.5 % and 59.4 % of patent attorneys and attorneys-at-law respectively and more than 71.4 % of judges no longer support the UPC. Industry representatives are also rather skeptical: 43.5 % of company representatives stated that they no longer support the current UPC.

According to Juve, small and medium-sized enterprises (SMEs) in particular see a negative impact through the UPC. "The main reason is the increased costs", says Dr. Natalie Kirchhofer, patent attorney and partner at COHAUSZ & FLORACK. "For innovative SMEs in particular, these costs, which are many times higher than those incurred in the enforcement of own inventions before the UPC, play an important role in their competitiveness". Gottfried Schüll, patent attorney and partner at Cohausz & Florack, is also critical of the lack of jurisdiction of the national patent infringement courts for granted EP patents, which will come eventually with the UPC: "This means that patent owners who are looking for inexpensive legal protection need to resort to national German patents. European patent law is becoming a law for corporations. SMEs, the pillar of German competitiveness, will not benefit from the advantages of European unification of patent protection. In fact, the opposite is the case".

"Even for large corporations with huge patent portfolios, for example in IT, e-technology, communication technologies and the pharmaceutical industry, uncertainties are to be expected under the UPC – among other things, about which legal remedies are possible under the UPC and how these are influenced by national experience through the choice of local chambers", says Dr. Arwed Burrichter, patent attorney and partner at COHAUSZ & FLORACK.

As Great Britain was still involved in the drafting of the UPC Rules of Procedure, these are also significantly influenced by common law aspects. These are now no longer accessible to professional representatives at the UPC, since, due to Brexit, the British colleagues are no longer available. There is therefore no essential basis for a consistent application of the law.


Brexit is, in its own right, an incompatibility for the UPC. FFII is working on a statement or complaint to that effect already.

D Young & Co LLP's Jonathan DeVile has meanwhile noted: [via Lexology]

At the end of March 2020, EPO President Campinos pronounced strong support for the statement by the German Minister of Justice and Consumer Protection, Christine Lambrecht, of her intention to remedy the deficiencies in the legislative procedure which led to the German Federal Constitutional Court (FCC) declaring the agreement by the German Parliament (Bundestag) of the Unified Patent Court and the Unitary Patent (UPCA) to be void. So was that just another bump in the road for the UPCA?

The Unified Patent Court and the Unitary Patent Agreement (UPCA) was agreed in 2013 and enough countries had ratified the agreement for it to come into existence, that is, if Germany had ratified. Of course the concept of the UPCA is even older than the European Patent Convention; the UPCA being its latest incarnation.

Even after the Brexit vote in 2016, the UK Government under Prime Minister May ratified the UPCA in 2018, perhaps encouraged by a legal opinion obtained by the Chartered Institute of Patent Attorneys (CIPA) that the UPCA was an international treaty and therefore open to the UK after Brexit. Then came a complaint in 2017 filed by a private citizen to the German Federal Constitutional Court (FCC) that the vote in the Bundestag violated the constitutional rights of German citizens.

In March 2020 the FCC ruled partially in favour of the complaint that the vote in the Bundestag in 2016 for Germany to adopt the UPCA was unconstitutional and therefore void. The Bundestag requires a majority of two thirds of its members to adopt an Act affecting the constitutional rights of German citizens. According to the FCC, although those members of the Bundestag present at the time voted unanimously to adopt the UPCA, the formal requirement for a majority of two thirds of the members of the Bundestag had not been satisfied. However there is some nuance in respect of the analysis and the conclusion in reaching this decision by the FCC, which would appear to have wider ramifications.


It has since then been noted that the substance of the complaint gives additional grounds for rejection of UPCA and therefore what Lambrecht is doing will merely disgrace the Ministry of Justice and Consumer Protection, making it seem like it's neither for justice nor for consumers. The title of the above article says "end of the road" and it seems growingly apparent that law firms are sort of 'bailing out' and giving up on the UPC. Whether another incarnation of UPCA will materialise is another question; it can take a decade or more. Without the UK, moreover, the value of such a system (and consent for it) would be greatly reduced.

"If "lobbyism" drives the Ministry of Justice and Consumer Protection, then it makes Germany as a whole look like a 'banana republic'."Back in March we explained that the UPC had died due to Brexit. Another blow was the constitutional complaint in Germany, then the UK's official position (rejecting the UPC) and finally the FCC's decision, which was the final nail in the coffin.

And speaking of nail in the coffin, Lambrecht political career may be over. What she did in the Ministry of Justice and Consumer Protection disgraces not only the ministry but the person who has only led it for about a year.

Lambrecht should listen to constituents and experts, not a bunch of lobbyists. If "lobbyism" drives the Ministry of Justice and Consumer Protection, then it makes Germany as a whole look like a 'banana republic'. People are already complaining and damage is done based on underlying facts.

Recent Techrights' Posts

[Video] Why Wikileaks Publishing War-Related Documents Was Both Important and Justified
It's important to remember the principle which says privacy is for the powerless, whereas the powerful (like those with the power to kill) deserve not privacy but transparency
[Meme] Attacking the "G" in GNOME (Since 2009) Was a Mistake
Spending 50,000 pounds to sue women of racial minority
Difficult Times in GNOME Foundation
GNOME Foundation is in "crisis management" or "face-saving" or "damage control" mode
 
[Meme] Like They Got Rid of Molly (and Now Holly)
Pay over 100,000 dollars a year for someone without any background in tech (to "lead" a tech project)
Microsoft Windows Falls to Almost 10% in Palestine (It Was Measured at 100% Just 15 Years Ago)
quite a big drop
Guardianship of the Licence is Not Enough (the Case of Systemd and Microsoft)
Whether the GPL gets enforced or not, if people adopt lousy software, that will have negative consequences
Speaking Out and Spreading the Message of GNU
Free Software Foundation (FSF) got 112 new members since 2.5 weeks ago
3.5 Years in Gemini
It's important to speak about and spread the word (about software freedom, BSD, GNU/Linux, patents etc.) in a medium that's strategic and growing
[Meme] Whoever in GNOME Decided to Attack the G (GNU), It Was a Foolish Miscalculation
How could they expect any outcome other than GNOME's own collapse?
Windows Down to Unprecedented Low in Czech Republic, Android Rises to New Record
From 98% in July 2009 (15 years ago) Windows is down to all-time low of 38% and well below Android
GNOME Foundation Lost Nearly a Million Dollars in 2 Years, IBM and GAFAM Won't Bail It Out Anymore
Seems like a suicide mission
Google News Has Become a Big Pile of Garbage
The issue predates chatbots, but these SEO tricks were accelerated somewhat by slop
OpenAI and ChatGPT Could Very Well Collapse and Shut Down Later This Year (Huge Losses, Sagging Usage Levels, and Massive Debt)
we illuminate the suppressed observations that Microsoft-sponsored publishers and cheaply-made slop (LLM spew disguised as "news") try to distract from
Links 13/07/2024: TikTok Interferences, YouTube Throttled in Russia
Links for the day
Kathy Lette on Julian Assange Staying at Her Attic, Why His Release Matters So Much, and Jen Robinson Staying Over Yesterday
They talk a lot about politics, but the segment mentions publishers, including Rushdie
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 12, 2024
IRC logs for Friday, July 12, 2024
Microsoft Windows Down to a New Low in Canada (Only a Third)
Very steep decline a decade ago
Links 12/07/2024: EU/China Tensions and Ukraine War Updates
Links for the day
EPO Staff Reps: "Until now, Mr Campinos is still leaving the appellants in the dark about the exact content of the opinion of the Appeals Committee on the EPO salary adjustment procedure."
Campinos chooses to lawyer up rather than listen up
EPO Staff Representatives Say It Has Gotten Very Hard to Get Promoted (Forget About Getting Rewarded for Hard Work)
This has long been a problem
[Meme] That Time EPO Workers Were Panicking Because the Elevators Kept Getting Stuck
Many people forgot that
Occupational Health, Safety and Ergonomics Committee (LOHSEC) at the European Patent Office (EPO)
nobody in EPO management ever gets punished for crimes, no matter how severe
[Video] Julian Assange's Brother Gabriel Shipton on How the Convoy to the Airport Was Arranged, Being at the Beach With Julian Assange After Release (He's Doing Well), and How Taylor Swift Has 'Helped' Julian
At the airport he was greeted by many press crews, but they were not there for him. They were there because of Taylor Swift.
[Meme] Financial Disinformation From Chatbots Controlled by the Manipulator (Rigger)
ChatGPT, the media is starting to say you're all hype...
Microsoft is Actually Quite Worthless, Its Valuation is Based on Lies and Consistently Defrauding Shareholders
Microsoft's future is not what Wall Street "tells" us
Links 12/07/2024: Nations That Already Ban TikTok and Russia's 'Shadow War' Online
Links for the day
Gemini Links 12/07/2024: Changing and the WIPO Lunacy
Links for the day
Let's Encrypt Continues to Collapse in Geminispace and That's Good News for Free Speech (Among Other Things)
due to the way modern Web browsers work, many sites have no option but to use Let's Encrypt or pay for some other CA to issue some worthless-but-glorified bytes
Microsoft Falls Below 20% in Montenegro - Plunging to All-Time Low
sharp drop
[Meme] The Free Speech Absolutist From Apartheid South Africa
What will it take for all sensible people to quit X/Twitter?
The Final Demise of Social Control Media May be Upon Us (It Ought to be Collectively Abandoned for Society's Sake)
If it keeps going down, prospects of a turnaround or rebound are slim
Linux is Displacing Microsoft and Replacing Windows in Germany (Android Surge and New Highs for ChromeOS+GNU/Linux in Germany)
Germany is upgrading to GNU/Linux, not to latest Windows
The Latest NDAA Amendment Can (or Should) Allow the United States to Remove Microsoft Even Faster From Its Infrastructure (Which Routinely Gets Cracked Completely by Russia and China, Thanks to Microsoft)
It's time to move!
Reorganising for Better Efficiency and More Publication (Original Material)
XBox "journalism" these days is mostly slop (chatbot spew disguised as news), so studying this matter isn't easy
Software Freedom is Still the FSF
At the moment the best advocacy group for Software Freedom is the FSF
Links 12/07/2024: XBox in Trouble, Crackdowns in UAE
Links for the day
Gemini Links 12/07/2024: Make Tea Not War, Considering Guix
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 11, 2024
IRC logs for Thursday, July 11, 2024
Links 11/07/2024: Intuit Layoffs, Companies Keep Bricking Products
Links for the day
Gemini Links 11/07/2024: Switch to a Dumbphone and Development Frustrations
Links for the day
Starting in 5 Minutes: Stella Assange on the Latest...
We might update this page with a WebM copy (local) if there is something important
The Race to GNU/Linux in Moldova
12 years ago Microsoft was still measured at 99%
EPO: Special Permission Needed to be Ill or Care for the Ill When Issuing Monopolies to Foreign Corporations is a Paramount Priority
It's 'production' 'production' 'production'!
[Meme] A Special Patent Office, the EPO
"I have no death certificate yet"
Links 11/07/2024: Internet Phone Book and Intense Mind Control/Censorship by Social Control Media
Links for the day
Andreas Tille, Chris Lamb & Debian sexism, not listening to real female developers
Reprinted with permission from Daniel Pocock
GNU/Linux Expanding in Russia, But Not Exactly Invading the Market
Russian spies work at Microsoft
[Meme] GPL is Still an Alien Concept to the Boardroom of IBM
stomp all over copyleft while blackmailing the FSF into inaction
ChromeOS and GNU/Linux Also Leapfrog and Surpass Apple in Kenya
ChromeOS is at about 1% there, so 6% total (more than Apple)
[Meme] Pay Cash, Avoid Hidden Fees
Cashless society means a less free society
5 Weeks Have Passed Since the Edward Brocklesby (ejb) Scandal or 'Gate' Started. Debian Has Not Yet Responded in Any Way Whatsoever (to Quell Concerns/Fears).
still an ongoing series
The Media Cannot Use the B Word (Bribe) Anymore?
That might "offend" Microsoft
99 More to Go (in 9 Days)
Unless the FSF extends the 'cutoff' date as it usually does
Microsoft Windows in Bulgaria: From 99% to Barely a Quarter
Only 15 years ago it seemed like Windows had cemented its 'lead'
[Meme] Changing How We Think of Patents
they're only about serving and protecting powerful people
Our Most Productive Summer Since We Started (2006)
We have over 10,000 lines of written notes and drafts
Compare WIPO to ADR Forum
it is "rude" not to hire lawyers
[Meme] GPL Circumvention by IBM (Red Hat)
"GPL? All mine!"
GNU/Linux and ChromeOS in Costa Rica: Over 4% Now
Desktop (or Laptop) & Tablet & Mobile combined would be about 50% "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 10, 2024
IRC logs for Wednesday, July 10, 2024
Links 11/07/2024: Space Programs, Education, and Mass Layoffs
Links for the day
Fellowship indexing pages by person
Reprinted with permission from the Free Software Fellowship
US State Department admitted General Hugh S. Johnson went off-topic, Andreas Tille called for punishments
Reprinted with permission from Daniel Pocock
Gemini Links 11/07/2024: Shifting Interests and It's All Books Now
Links for the day