Bonum Certa Men Certa

Journalists Who Don't Even Know What the UPC is (or What It's Called) Carry Water for the Patent Litigation Lobby

Video download link



Summary: The UPC question in Germany seems to have turned into politics rather than constitutional aspects; in the context of the European Central Bank (ECB) this raises all sorts of questions about the German government

THE so-called 'media' has long been bought by litigation firms, especially in the area of patents. They're doing "sales", but that's marketed as "news".

To make matters worse, the EPO's management throws a lot of money at publishers, conditionally, in order to become "media partners". Benoît Battistelli took that to a whole new level and reports from the EPO show that António Campinos does the same. Even coverage about Campinos himself has been reduced to "commercials".

Judging by some new comments such as these, we thus need to rely more and more on comments, i.e. actual people, rather than publishers owned and controlled by law firms, or paid on the side by the EPO.

"There's a widespread sentiment that the timing suggests reasons for rejection that aren't based on merit but based on fear."Today's subject came to my attention by a tweet from a colleague of Max Walters, who had published this piece in an EPO propaganda rag. It was a very immature non-response to promote his colleague's article (I did not even speak to him, he just keeps speaking to me) and we've since then included early coverage in the latest batch of Daily Links. All the media coverage I've seen about UPC so far isn't normal media but Team UPC-captured 'media' (propaganda apparatuses) funded by UPC wannabes to mislead the public, lawmakers etc. The one exception was Reuters, but it didn't even know what UPC is called (error in the headline).

The complainant wrote: "With decision of 23/06/2021 (German language), the BVerfG has rejected the request to oblige the involved institutions by an interim order (“einstweilige Anordnung”) to desist from completing the UPCA ratification process until a decision in the proceedings on the merits (docket no. 2 BvR 2217/20) (also cf. the court’s press statement no. 57/2021 of 09/07/2021)." (And there is a lot more further up in that page)

Somehow that has become a semi-official declaration that the UPC is coming, but what might be coming is ratification by Germany, which is not the same thing. To name a few lingering issues, there's the EBA catastrophe (kangaroo courts), the UK left the EU, there were successful constitutional challenges outside Germany, and several large countries refuse to participate.

One person said, "complaints dismissed, UPC will go through. Check the website of Karlsruhe. Bad news."

It is indeed bad news, but the timing suggests that this becomes a political issue, potentially connected to the ECB scandal which we spoke about the other day. In the words of an early comment:

I got the impression that the surprising rush of the FCC is caused by the recent decision of the EU Commission to sue Germany regarding the ECB decision of the FCC last year, which dealt with the primacy of the German constitution over EU law. See e.g.: https://www.dw.com/en/brussels-prepares-case-against-germany-over-ecb-ruling/a-57819671

In this new decision the FCC confirms again the primacy of the German constitution at the core of the decision. It reads like a message to the EU commission regarding their plans.


There are other lingering questions, such as other outstanding complaints:

Whatever happened to the complaints filed in respect of the EPO Boards of Appeal? The FCC appears to believe that the passing of more than a decade since the filing of the first of those complaints – as well as their potential relevance to the viability of the UPC system – is no reason to decide them first.

The FCC’s commentary on Art 20 UPCA is also somewhat surprising. Can anyone explain to me how, in practice, the UPC, which will have jurisdiction for patent disputes covering Germany, will ensure that there is no automatic supremacy of EU law over Germany’s Basic law? The maintenance of the status quo, which is assumed by the FCC, appears to demand that the UPC applies the Basic Law in cases where that conflicts with EU law … though I have no idea by which mechanism, or according to which competence, the UPC might do this.


This one mentions the ECB again:

The FCC does not require the UPC to apply German law, not even the Basic Law. The assumption is that the UPCA is compliant with the Basic Law as the complainants were unable to prove otherwise and there are no other obvious conflicts for the FCC.

But this does not preclude further constitutional complaints against UPCA or against individual acts of the UPC in the future as the primacy of the constitution is not altered by Art. 20 UPCA because the FCC does not consider Art. 20 UPCA to be an amendment of the constitution itself. But the EPO complaints are a very good example what this is really worth in practice.

Still, I think that this FCC decision can only be understood in the context of the threat of the EU Commission to sue Germany at the CJEU regarding the primacy of EU law vs. the German constitution. “The FCC tries to ensure peace.”


Finally, at least for the time being, someone wrote: "It makes you wonder what happened between 2020 and 2021 for the FCC to have such a change of heart."

In connection with the 2017 complaint, the FCC appeared to acknowledge that there was evidence that “the imposition of unconditional primacy of Union law in Article 20 UPCA is contrary to Article 20 (1) and (2) in conjunction with Article 79(2), sentence 3 of the Basic Law”.

The ratification law transfers sovereignty for patent disputes relating to Germany from the German courts to the UPC. As you have observed, the German courts would be obliged to ensure the primacy of the German constitution over EU law. However, the UPC would not (and could not) do the same. So the transfer of sovereignty to the UPC would remove the only “safety net” that guards against an unconditional primacy of Union law.

In this context, it is clear that, with regard to patent disputes relating to Germany, the practical effect of Article 20 UPCA is not just to reaffirm the UPCA’s adherence to EU law but also to remove a key safeguard provided by the Basic Law.

This is hardly maintenance of the status quo. The FCC could see this in 2020. The FCC’s “assumption” regarding Article 20 UPCA is therefore not only self-evidently false but it also flies in the face of their own prior comments. It makes you wonder what happened between 2020 and 2021 for the FCC to have such a change of heart.


We're sure many more comments will come. There's a widespread sentiment that the timing suggests reasons for rejection that aren't based on merit but based on fear.

Recent Techrights' Posts

Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
 
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
EPO Staff Committee on Harassment in the Workplace
slides
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.
Tomorrow is the Last Day of the Fund-Raising Campaign of the Free Software Foundation (FSF)
They will probably extend the date, as usual
Fixing Patents in Europe, Little by Little (by Transparency and Reporting of Suppressed Facts)
Tomorrow and throughout the weekend we shall focus some more on the EPO
The Two Lies Microsoft is Telling in "the News" This Week (to Distract From Layoffs and Decreased Interest in Slop/Chaff)
Microsoft is run by liars and frauds who SLAPP critics
Tux Machines Already Destroyed SLAPPs
Attacks on the mere publication of GNU/Linux news won't be tolerated
PCLinuxOS is Available for Download Again
PCLinuxOS is important to us also because its founder, back then the partner of Susan, helped create Tux Machines more than 21 years ago
Links 10/07/2025: Microsoft E-mail 'Services' Collapse Again, "Yet Another Strava Privacy Leak"
Links for the day
Gemini Links 10/07/2025: Automating Git Repo Updates and Small Web 'Zine'
Links for the day
GNU/Linux Leftovers
mostly Linux stuff
Audiocasts/Shows: Going Linux, FLOSS Weekly, and RHEL Clones
3 new picks
We Are Already Fighting - With Considerable Success - SLAPPs in the UK
we intend to tell the full story
Bullies With Pens and Papers (or Apple Macs With Templates)
Not all barristers are evil, but there are perhaps "rotten apples"
Slopwatch: webpronews.com, linuxsecurity.com, linuxjournal.com
a pile of trash disguised as 'articles'
Links 10/07/2025: Linda Yaccarino Divorces MElonazi Site, Wildfires Hit Syria
Links for the day
The History and the Policy of the EPO's Stance on Breastfeeding (Corporate Monopolies Versus Babies' Health)
"The Case for Introducing a Breastfeeding Policy at the EPO"
Gemini Links 10/07/2025: Inventing Chords and "Nightmare Boss"
Links for the day
Igor Ljubuncic Once Again Shows That for Technical Reasons Wayland Still Sucks, Performs Considerably Worse Than What Existed for Decades
That is aside from compatibility factors and other crucial factors
Links 10/07/2025: "Apple Vs The Law" and Twitter Became Full Nazi Bar
Links for the day
Unable to Find Anyone to Work as Their Media Lawyer, Brett Wilson LLP Will Continue Losing Female Staff
What sort of sick person would wish to join Brett Wilson LLP to carry this baton?
Microsoft-Sponsored Propaganda Site Has Removed False 'Hit Piece' About Dr. Stallman (With Fake and Misrepresented Imagery) But Only After 4 Years
So they only removed that page some time around 2025, i.e. about 4 years after it had been published
Always Check Your Inputs
Garbage in, garbage out. Or wrong assumptions, wrong corollary.
Dan Neidle Said That Tax Evasion Facilitator Mr Zahawi (Working to Silence Bloggers Through Brett Wilson LLP) Targeted Not Only Him (But The Others Kept Quiet)
"Mr Neidle said after repelling Mr Zahawi he was contacted by bloggers and tweeters who had received similar threats. They deleted their work “and in most cases never commented publicly on anything again”."
SLAPP Funding Transparency Urgently Needed in the UK and Elsewhere (in Practice, Not Just in Theory)
Writing about crime - including Microsoft crime - is not a crime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 09, 2025
IRC logs for Wednesday, July 09, 2025
Elodie Bergot Still Doing Illegal Things at the EPO, Based on the Local Staff Committee Munich
They keep taking away from the staff while compelling the staff to do illegal things