Bonum Certa Men Certa

Internal Error: Unified Patent Court and Unitary Patent Incompatible With the Constitution and Basic Laws

Internal Error: 500



Summary: The FFII has issued a statement for Members of the Bundestag, Members of the European Parliament, Members of the Council, German Presidency of the EU, Chancellor Merkel, Commissioner Von Der Leyen, Commissioner Reynders, and Battistelli's buddy Breton

TWO days ago we wrote about the latest claim from Team UPC, later pointing out that many scholars across Europe line up and stand in Team UPC's way. The EPO (Office) hardly even mentions the UPC and the Council barely touched the subject. Miraculous leaps of faith are required to "believe" in the UPC.



"Saying that UPC/A can still be ratified and be started is akin to saying (at this point) that Donald Trump will overturn the election results and remain President until 2024."UPC won't materialise for a lot of reasons, not just a list of constitutional complaints and withdrawals. Team UPC has a long tradition of lying about the UPC; it's all about money and saving face (they made false promises to clients). Some "core people" of Team UPC are about to become unemployed and they know it. They just try to buy another month or two.

AceIs the UPC about to become a reality? Been there, done that, seen that... they always say it'll come Real Soonâ„¢ or Almost There€®.

How many times? Dozens if not hundreds.

Two years ago they told us it was imminent (just before the end of 2018).

It was a lie. Fabrication.

Just to be sure the lid stays shut, the following statement has just been published by the FFII (a few hours ago) to say:

FFII e.V. is a pan-European alliance of software companies and independent software developers, defending the rights to a free and competitive software creation since 1999. Over the years, more then 3,000 software companies accross Europe have supported our calls against software patenting, among which 1,100 German ones. With the Unitary Patent project, we are at the third attempt to validate software patents in Europe. The previous 2 first attempts to change the law (EPC2000 and the 2005 software patent directive) failed.

This Wednesday 25th november 2020, the Legal Affairs committee of the Bundestag will vote on the ratification by Germany of the Unitary Patent and its Court [ref1]. In a series of answers to questions asked by the Free Democratic Party (FDP) [ref2] [ref3], the German Ministry of Justice Christine Lambrecht (SPD) says that they are “no constitutional problems” with the Unitary Patent and its Court [ref4].

Firstly, on the 22nd of April 2020, the same Legal Affairs committee of the Bundestag voted [ref5] to participate in the legal proceedings in front of the German Federal Constitutional Court (GFCC) in Karlsruhe, on cases related to the question inter alia of impossibility to sue the administration (the EPO) in front of the courts for maladministration. The possibility to sue an administrative body, such as the EPO, for maladministration before the courts is one of the fundamental pillar of our western democracies, also called the “Rule of Law” (TFEU art2) and is a categorical constitutional guarantee (i.e judicial review of administrative acts). This applies also to the institutional possibility, under the requisite constitutional system of separation of powers, to appeal acts and decisions of administrative bodies (e.g. the EPO), as it can be observed in all national systems and also at the EU level, as with the other intellectual property rights of trademarks and designs, where the decisions of the EUIPO are frequently appealed before the CJEU. In this respect, the constitutional mechanism that sustains the absolutely necessary separation of powers exists for intellectual property rights in the EU (trademarks and designs) but is spectacularly absent from the Unified Patent Court and Unitary Patent institutional arrangement. As they cannot provide such basic constitutional-democratic guarantees, they concern clear unconstitutional arrangements that deprive the patent system in Europe from adequate democratic control and undermine the whole system of the EU, as these constitute blatant constitutional failures that fly in the face of the whole institutional design and function of the EU and of the arrangements and understanding that member states have with the EU. On this basic issue there is now a pan-European academic initiative [ref6] from various EU member states, including from Germany, asking for a legal reform of the the Unified Patent Court in order to restore essential democratic safeguards in its operation, such as those seen in other areas of intellectual property, as pointed out above.

For example, one of those cases relate to the fact that the EPO examiners prefered to go watch a football match of the 2010 FIFA world cup in South Africa instead of hearing an appeal (Wallinger case) [ref7]. In 2012, our association also hit the same problem during our oral opposition at the EPO against Amazon’s One Click Gift patent [ref8]. The EPO refused to provide us a live translation in the language of our choice (spanish in the particular case) [ref9]. We came to the conclusion at the time that the EPO could not be sued for maladministration.

Nevertheless, despite these well known institutional anomalies, some members of the Bundestag and the Ministry of Justice want to go forward with this ratification project, even though there are obvious “constitutional problems”. The Bundestag is now part of the legal proceedings that are active before in front of the Constitutional Court and should have more insight about those particular cases. Those cases on the impossibility to sue the EPO for maladministration were on the agenda of the Court for 2020, but apparently they won’t be decided this year, but early next year in 2021.


As far as we know, FFII isn't the only party prepared to torpedo the whole thing with another complaint. UPC is a dead thing because it's simply not compatible with the law and key stakeholders have already walked away. Saying that UPC/A can still be ratified and be started is akin to saying (at this point) that Donald Trump will overturn the election results and remain President until 2024.

Recent Techrights' Posts

Social Control Media as a Rapid Race to the Bottom - Part III - Foreign Interference and Chaff/Flare
Why would you trust alleged 'communication' (platforms) controlled by the same people who cut your undersea cables?
[Video] Richard Stallman Explains What Intelligence in Computing Really Means and How Old That Is (Story About 1975, 50 Years Ago)
Uploaded 11 hours ago by Manuel Cuda News
Links 05/03/2025: Prioritising Science, Patents Squashed
Links for the day
New Short Clip of Richard Stallman's Thoughts on the "Hey Hi" (AI) Hype, Courtesy of Manuel Cuda News
about 6 hrs ago
What Microsoft and GitHub Really, Really, REALLY Do Not Want You to See or Know About
They're trying to misuse law in a completely different continent or to allege that reporting important facts is in breach of privacy law
Slopwatch: linuxsecurity.com and Other 'Linux' Sites With LLM Slop
SEO spam with machine-generated fodder, plus a person to whom English isn't a first language
 
Links 06/03/2025: Trade Wars, Trademarks, Attacks on (and by) the Media, Digg to Relaunch
Links for the day
The Fall of the Open Source Initiative (OSI): The Problems Are Much Bigger Than the Rigged Elections
It's not only about elections
Dr. Andy Farnell on Brutality and (or of) Brute-Force Computing
"Understandably, the ecological cost of compute was never really on the minds of pure computer scientists"
IBM Absorbs More of Red Hat and There Are Several Layoff Rumours
Those are just rumours for now
Gemini Links 06/03/2025: Digg, Project Failure, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 05, 2025
IRC logs for Wednesday, March 05, 2025
Gemini Links 05/03/2025: News Processing, Misbehaving, and Git
Links for the day
GNU/Linux Cracking Past the 4% Barrier in Hungary
There are still quite a few very famous developers and Free software projects from Hungary
Meanwhile in the Matrix Room #dei:fedoraproject.org
Remember that IBM does a lot of perception manipulation
Rumour About Red Hat Layoffs Yesterday
Can somebody from Red Hat or someone who knows someone there (impacted or not) confirm that there are layoffs this week at Red Hat?
What is fixated behavior? Stalker or just a fan of Emma Raducanu?
Reprinted with permission from Daniel Pocock
In Iran, GNU/Linux Reaches New Highs, According to statCounter
Does that make sense? In light of geopolitics? Probably.
Always Safety First
We have some reasons to suspect that one of several parties (possibly not in the UK but having connections here), having suffered major and very expensive setbacks, may look to harm the messenger one way or another
Links 05/03/2025: Starbucks Debt Soars and CFO Changed, Apple Pretends to Value Privacy, "Cloudflare Blocking Privacy Focused Users From Accessing Third-Party Websites"
Links for the day
Canonical's Latest Love Letter to Microsoft (Ubuntu Promoting Proprietary Spyware With Back Doors)
Typical Canonical, promoting Microsoft (and sometimes Windows) instead of competing against them
GNU/Linux Climbs to Record Levels in Switzerland. Can the EU, Norway, the UK, and Switzerland Divorce GAFAM?
Germany openly speaks about becoming independent from the US. How about Switzerland?
Gemini Links 05/03/2025: Living in Interesting Times, Font, and Social Control Media with Gos v1.0.0
Links for the day
Just Because Common Currencies (Including the US Dollar) Are Considered Uncertain Doesn't Mean People Should Adopt Volatile Multi-Level (Pyramid) Schemes
the scammers are trying to "go mainstream"
Use RSS Readers Instead of Social Control Media
RSS readers were designed to save time. Social Control Media was designed to waste time.
The 'Windows Era' Already Came to an End
Microsoft said to shareholders everything would be alright because of "clown computing" and then "hey hi"
The Fall of the Open Source Initiative (OSI): Microsoft Committing the Largest GPL Violation in Human History, Then OSI Covering That Up on Microsoft's Payroll
LLMs don't make GPL violations any more noble or acceptable; it's not hard to see what OSI was paid by Microsoft for
Social Control Media as a Rapid Race to the Bottom - Part II - Think Before You Talk
The 'socmed' nonsense does not exist in our home
Links 04/03/2025: Hardware, Health, Data Breaches, Politics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 04, 2025
IRC logs for Tuesday, March 04, 2025
Luxembourg: GNU/Linux at 8% Based on Estimates
steady increases this year
Gemini Links 04/03/2025: Bicycle, Photos, and Motorola 6809 Assemblers
Links for the day
Crossbow tragedy, bigger than Kyle Clifford, social media culture
Reprinted with permission from Daniel Pocock
Microsoft OSI Apparently Still Reading Techrights Closely, Trying to Make Face-Saving PR Moves
They have long had this reactionary rhythm, wherein it feels like we can 'control' what they publish and when by merely highlighting facts about them
Links 04/03/2025: Microsoft/Korea Game Industry Association Workforce Cuts, Outlook and 365 Outage Affects Very Many
Links for the day
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock