Bonum Certa Men Certa

Why the Unified Patent Court (UPC) Cannot Enter Into Force, Based on the UPC Agreement Itself

Protocol to the Agreement on Unified Patent Court on provisional application
There's only one country called "United Kingdom"



Summary: Carefully examining, based on or right from the worse's own mouth, why UPC cannot proceed; those who try to proceed in violation of the law (and against the Vienna Convention, never mind constitutional violations and doctored 'studies') are only embarrassing themselves and discrediting the notion that Europe respects the Rule of Law, even international law

THE "Protocol to the Agreement on Unified Patent Court on provisional application" [PDF], which we present below as text, isn't too convenient to António Campinos, who misuses the EPO's Web site to lobby for Team UPC; it's all over the front page of the EPO's site in at least 5 (maybe 6) "news" items and "site updates". Just like Benoît Battistelli before him, he's willing to break the law, violate constitutions, and these people even suggested rewriting (retrofitting) constitutions to allow the UPC. Their goal isn't to help SMEs but to ram European software patents down our throats whilst inviting patent trolls to Europe, mostly to Germany, to blackmail companies with "unitary" effect (i.e. outside Germany as well). Who stands to benefit? Don't check the doctored 'studies', which are doctored by admission of those who did them (based on leaks).



"It's trying to compensate for actual facts using an endless barrage of fake news headlines (disinformation), but truth remains the strongest disinfectant."There are so many different issues and obstacles preventing the UPC from becoming a reality; even Team UPC knows it (it's fully aware), but it hopes nobody will pay attention. It's trying to compensate for actual facts using an endless barrage of fake news headlines (disinformation), but truth remains the strongest disinfectant.

Here is the PDF above as text/HTML:

Protocol to the Agreement on a Unified Patent Court on provisional application



The undersigning Signatory States of the Agreement on a Unified Patent Court, hereinafter referred to as the Parties,

CONSIDERING that the Unified Patent Court should become fully operational upon the entry into force of the Agreement on a Unified Patent Court;

CONSIDERING the need to provide a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court before the entry into force of the Agreement on a Unified Patent Court;

ACKNOWLEDGING that the provisional application of a treaty is an instrument suitable to ensure such a smooth transition;

ACKNOWLEDGING that the use of provisional application is in accordance with customary international law;

ACKNOWLEDGING that such provisional application can be limited to certain parts of a treaty where the negotiating States have in some manner so agreed;

CONSIDERING that provisional application should only come into force when 13 Signatory States of the Agreement on a Unified Patent Court have approved this protocol and only among those Signatory States where the Governments have received parliamentary approval to ratify the Agreement on a Unified Patent Court.

CONSIDERING that the provisional application should concern only the institutional, organisational and financial provisions of the Agreement on a Unified Patent Court and should be limited to what is strictly necessary to ensure the smooth transition into the operational phase.

HAVE AGREED AS FOLLOWS

Article 1 – Provisional application of the Unified Patent Court Agreement

Article 1-2, 4-5, 6(1), 7, 10-19, 35(1, 3 and 4), 36-41 and 71(3) of the Agreement on a Unified Patent Court and Article 1-7(1), 7(5), 9-18, 20(1), 22-28, 30, 32 and 33 of the Statute of the Unified Patent Court shall enter into provisional application among the Parties that have completed the requisite procedure referred to under Article 3(1), upon the entry into force of this Protocol.

Article 2 – Signature and consent to be bound

(1) This Protocol shall be open for signature from October 1 2015 by any Signatory State of the Agreement on a Unified Patent Court.

(2) Consent to be bound by this Protocol may be expressed, without prejudice to paragraph 3 and Article 3(1)b, by

a. signature; or b. signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval.

(3) Consent to be bound by the provisional application of the articles of the Agreement on a Unified Patent Court mentioned under Article 1 of this Protocol may be expressed by a unilateral declaration.

(4) Instruments of ratification, acceptance or approval of this Protocol or the unilateral declaration mentioned in paragraph 3 shall be deposited with the General Secretariat of the Council of the European Union, hereinafter referred to as the depositary.

Article 3 – Entry into force

(1) This Protocol shall enter into force the day after 13 Signatory States of the Agreement on a Unified Patent Court including Germany, France and the United Kingdom, have either ratified, or informed the depositary that they have received parliamentary approval to ratify, the Agreement on a Unified Patent Court and have

a. signed in accordance with Article 2(2)a. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.; or

b. declared by means of a unilateral declaration or in any other manner that they consider themselves bound by the provisional application of the articles of the Unified Patent Court Agreement mentioned under Article 1 of this Protocol.

(2) In respect of any Party which subsequently after the entry into force of this Protocol completes the procedure referred to in (1), this Protocol shall have effect on that Party from the date when the Party has completed the said procedure.

(3) This Protocol and the provisional application it prescribes shall have effect only with regard to Parties having completed the requisite procedure referred to in (1).

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.

Done at Brussels October 1st 2015 in the English, French and German languages, all three texts being equally authentic, in a single copy, which shall be deposited with the depositary who shall transmit a certified true copy to all Signatory States of the Agreement on a Unified Patent Court.



Authored by "UPC" (see metadata), the document was created using "Microsoft Word 2007" (yes, software from 15 years ago!) and it speaks of "unilateral declaration" without taking any constitutional aspects into account.

This isn't about creating a legal system; it's about breaking the legal system.

Recent Techrights' Posts

Technology: rights or responsibilities? - Part XI
By Dr. Andy Farnell
GNU/Linux and ChromeOS in Qatar Reach 4%, an All-Time High
Qatar has money to spend, but not much of it will be spent on Microsoft, or so one can hope
This 'Article' About "Linux Malware" is a Fake Article, It's LLM Slop (Likely Spewed Out by Microsoft Chatbot)
They're drowning out the Web
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
 
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024
Links 22/12/2024: Election Rants and More Sites Available via Gemini
Links for the day
Links 22/12/2024: North Pole Moving and Debian's Joey Hess Goes Solar
Links for the day
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day