Bonum Certa Men Certa

The EPO's Corruption is Like a Cancer That Has Spread to and Infected the EU as Well

Battistelli-Breton photo-op



Summary: With Breton inside the Commission what we're basically seeing is the EPO cabal speaking on behalf of the EU as well, spreading falsehoods and promoting illegal, unconstitutional agenda in defiance of judges and Justices

I have never come across anything quite like this. Right in the middle of Europe -- in the reputable Bavaria no less! -- there's a sort of Mediterranean 'Mafia' running a 'racket' of sorts...

How was this allowed to happen? Why is nobody putting an end to it?

"How was this allowed to happen? Why is nobody putting an end to it?"Well, behind the smokescreen of EPO-funded fluff* there's something rather horrific and sinister going on. I, as a longtime proponent of the EU, am horrified to see the EU becoming an extender of EPO corruption. They don't care about the law and about facts, let alone constitutions. Corruption and illegalities rage on. Having added an update to our previous post about this (with Bristows jumping in, parroting Breton), I now see Myles Jelf (Bristows) jumping in to say:

As well as the issue of the UPC’s central division, other concerns were expressed about the unitary patent and UPC system going ahead without the UK, including:

- the system will be less attractive without coverage of the UK;

- the UPC procedure includes clear features of English legal procedure, yet the only participating country with a similar procedure will be Ireland;

- the expertise of UK judges will not be available, and UK lawyers will not be able to participate;

- English still being the main language; and

- the financial implications for the remaining participating countries.


Why on Earth does the German injustice minister carry on with this Big Lie? It's going to completely discredit the German government while quite likely having zero effect on the death of the UPC. Facts aren't on the UPCA's side. They just aren't.

And now the EU as well. With Benoît Battistelli's buddy speaking for the EU/EC, it's bound to become a total embarrassment. Look no further than all the comments in this ongoing thread. All of them.

"It's going to completely discredit the German government while quite likely having zero effect on the death of the UPC."Jan Van Hoey said: "Time for Boris to pull the plug and send its notification to the secretariat of the Council of the EU. That’s what Mr Tillman was suggesting in its previous interview. It is also strange to consider agreements not into force part of “Union law”..."

Benjamin Henrion has been saying something similar (it's in our IRC logs).

MaxDrei then wrote: "Talk about deja vu. In the UK, in the run up to BREXIT, HMG flying on auto-pilot, deposited its instrument of accession to the UPCA. Now, the EU Commission, another craft flying on auto-pilot, happily announces that it would “welcome” ratification of the UPCA by Germany. Sometimes the ship, sailing on its pre-set course, is so enormous that it takes years to change course. Somebody on the bridge has first to issue an authoritative command. Those underlings who are responsible for Press Releases have no authority to do anything else but state what course the ocean-going liner is proceeding along."

"Concerned observer" is the latest to weigh in:

Well, the only way to describe that response is that is uses carefully selected language to make statements that, whilst not strictly untrue, are highly misleading.

Most misleading of all is the statement that “participation in that system, including the Unified Patent Court Agreement, is only open to EU Member States”. The trouble with this is that termination the UK’s membership of the EU does NOT automatically terminate the UK’s participation in the UPC Agreement. Whilst Mr Tilmann has (rather dubiously, in my opinion) suggested that a notification from the UK would serve to terminate its participation in the UPCA, not even he has suggested any plausible mechanism under the Vienna Convention for AUTOMATIC termination of the UK’s participation at the end of the transitional period.

There has certainly not been any “notification” from the UK to the other Participating Member States of the UPCA. Thus, the problem with the UPCA remains that the UK will be (and, arguably, already is) a “third country” under EU law. In this sense, Mr Breton’s response simply does not address the legal issue underlying Mr Breyer’s question. Whilst extremely disappointing, this is hardly surprising … given the level of “political” support for the UPCA at the EU level.

It remains to be seen whether national courts (such as the BVerfG) will be persuaded by such misleading responses. In my experience, courts tend not to be so easily misled. Also, given that Germany is proposing to ratify the UPCA by relying upon arguments that happen to work very nicely for their legal profession (by effectively dividing between Munich and Paris cases that would have gone to London), it remains to be seen whether the other Participating Member States (such as Italy) can be persuaded that this is acceptable. Whilst various carrots and sticks will no doubt be deployed, I doubt that it will be so easy to persuade all of the PMSs.

Finally, I have my doubts about Jan’s suggestion that the UK should formally withdraw from the UPCA. Recent years have seen many highly dubious (and sometimes contradictory) legal theories wheeled out to keep the UPCA “alive”. In this respect, I have no doubt that Mr Tilmann would find some way of arguing the UK’s formal withdrawal would not prevent the UPCA from coming into force. No doubt he would also concoct some arguments for salvaging the associated Protocols (on Provisional Application and Privileges and Immunities), regardless of the fact that those explicitly call for ratification by the UK…


This is pretty much the consensus if one asks anybody except Team UPC as “more than 71.4 % of judges no longer support the UPC,” based on a recent survey from JUVE.

"With Benoît Battistelli's buddy speaking for the EU/EC, it's bound to become a total embarrassment."A scholar has written to us about this, seeking to participate by expressing concerns about the campaign of Team UPC.

"Hi Roy," said the message, noting "that the matter is urgent as many sources confirm that Germany can ratify UPCA and they will try to push it through rather than risk a renegotiation."

Regarding getting people involved in this: "In the constitutional law quarters, academics are more independent and open minded, especially those specialising in human rights, but they do not understand patent law at all.

"A lot of it can be traced back to the EPO and failure to regulate the EPO (or have effective oversight) basically dooms many institutions around it, including ILO.""There is a recent feedback initiative from the Commission on the future of IP. [...] As things stand at present, the matter is a bit urgent and if Germany does not manage to have its way, the UPC legislative package must re-open [...] The moment is critical. [...] we need to get politicians to re-open the negotiations on the UPC and UPCA. [...] at the same time, we need to get politicians to re-open the negotiations on the UPC and UPCA."

Keep an eye on this space. There might be further formal action quite soon. We cannot specify the details just yet, but Team UPC is vaguely aware. It's truly a shame that all this corruption has touched the German government and the EU; the aftermath or the consequence will simply erode public confidence in these institutions. A lot of it can be traced back to the EPO and failure to regulate the EPO (or have effective oversight) basically dooms many institutions around it, including ILO. ____ * The latest nonsense comes from Watchtroll ("IPWatchdog"), e.g. "'Not a Field of Giants': Trends in 3D Printing Tech Include Key Contributions from US," and Machinery that bases its 'reporting' on "European intellectual property firm, Withers & Rogers." It's an EPO parrot; to quote: "Highlighting the UK’s position as a European hub for innovation in 3D printing, the report revealed the city of Derby at number seven in a ranking of 15 major European innovation centres for AM technologies, with Munich, Barcelona and Zurich taking the top positions." They're reusing these talking points, extracted from the EPO's own 'script'. Real journalism is dead/dying.

Recent Techrights' Posts

EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
 
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026