Bonum Certa Men Certa

Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

Prof. Dr. Thomas Jaeger
Prof. Dr. Thomas Jaeger



What news have we heard from the Unified Patent Court (UPC) lately? None, other than there is yet another holdup from yet another constitutional complaint in Germany? Or, none, other than the Court of Justice of the European Union (CJEU) has by now repeatedly indicated that the model is incompatible with EU law? True: ten years into the UPC Agreement, all is still on hold and functional, and legal challenges are as unresolved as ever. But no news in this case is good news, it allows time to ponder alternatives. One alternative is actually quite obvious: the Benelux Court of Justice, which just gained significant new powers in mid-2018. This article looks at the lessons to be learned from the Benelux Court and outlines a Benelux-plus Patent Court as a legally safe alternative to the UPC.

Summary: The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same

According to Team UPC (a fake news/propaganda mill which evades very simple questions): "The Unified Patent Court (UPC) will be a court common to the Contracting Member States and thus part of their judicial system."

A fake "common" court? This official page tells lies.

"Maybe it would be a good idea to mirror Jaeger's paper," found here, according to a reader. "Jaeger argues that the UPC is not a common court as they pretend because it is not linked to National Courts, as (for example) the Benelux court."

Here's a copy of it; the public deserves access, which is imperative to rebuttal of lies.

"We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past."The Court of Justice of the European Union (CJEU) "could strike it down, as the design of the EU is "CJEU+national courts"."

Prof. Thomas Jaeger thinks so. And he warned about it 5 years ago as well.

This is legal chaos and hackery.

We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past. Too many times before (to be worth repeating). Do not be misled by a high quantity of fake (worse than low-quality) self-serving lies.

As our reader notes, even if the UPC ever runs, there is hope of halting it very fast. It's simply not compatible. As someone put it in comments the other day: "All aboard the Titanic!"

The next comment said: "Time for an appeal to the Austrian Constitutional Court?"

DXThomas then wrote:

It is amazing to see how UPC proponents want to push it through at any cost, and want to ignore the problem of Art 7(2) UPCA. When looking at Art 6(1) ECHR, how can it be justified that the crystal clear wording of Art 7(2) UPC is to be ignored? A first year law student would blush if he came up with the theory of the provisional allocation of the London duties to Paris/Munich.

How can such legally qualified people come up with such legal nonsense? What do the judges think who applied for a job at the UPC?

The UPC proponents act exactly like the Polish government by superbly ignoring the notion of of legally appointed judge.

How can a court be conform with Union law if one of its members can be removed from office without offering him any means of redress? See Art 10 of the statute of the court = Annex I to the UPCA.

The financial interests of the UPC proponents must be extremely high in order to persist in such a way that they ignore fundamental aspects of the legality of the judicial.


Team UPC is just being very loud because public comments keep correcting it, so it's trying to compensate by sheer volume, believing that shouting down the truth will be worthwhile. FAKE IT TILL YOU MAKE IT? Courts don't work that way and the law is on the UPC opponents' side. The "sceptics" know how constitutions and courts work. We may not have as many lobbyists and a generous "fake news" budget, but justice will prevail at the end, as it has for over a decade already.

Recent Techrights' Posts

There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
 
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025