[Meme] EPC Calling
- Dr. Roy Schestowitz
- 2022-02-05 11:25:05 UTC
- Modified: 2022-02-05 11:25:05 UTC
Summary: There's growing realisation that the EPC has long been abandoned, rendering the legitimacy of the EPO's present operations (or management style) dubious to say the least
Comment by Daniel X. Thomas (
former EPO Director) last week:
No surprise for a French lawyer wanting to concentrate the Central Division in one and the same location that is Paris. In view of the fierce battle which has ended up with the Central (?) Division being in cut in three parts, I would rather think that this no more than wishful thinking. Germany would like it too.
I doubt that the two contenders for the allocation of the duties devoted to London, IT and NL, will accept a “provisional” allocation to either Paris and/or Munich of files in IPC classes A and C. I have not yet seen one convincing or compelling legal basis for such a “provisional” allocation. It is also far from sure that the distribution in Annex II of the UPCA will remain as it is. I could well see that FR and DE will haggle again and should a third location come, both countries would like to keep files in IPC classes A and C and transfer to the third location other IPC classes.
One can even have doubts that the UPC is in conformity with union law and Art 6(1) ECHR. Beside the legality of the provisional transfer of duties, a further reason is that a UPC judge can be removed from its post by his peers, but no means of redress are offered to him! See Art 10 of the Statute of the court, Annex I.
It is the first time that I see concerns expressed about the position of the SMEs in the UP/UPC system. Up to now SMEs have been used as a fig leaf by the big internationally active industry and big international active litigation lawyers firms, to hide the fact that they were primarily interested in the UP/UPC system. Only those two groups are sure to profit from the UP/UPC system. An impact of EPLA on the SMEs seems to have been carried out, but not for the UP/UPC. In all meetings in which SMEs were informed about the UP/UPC system, they clearly expressed their fears. The level of fees being the strongest deterrent to start with.
One very important aspect is that 70% of patents are held by proprietors not residing in a UPC contracting state. The UPC opens those extra-European proprietors a single point of attack for European industry in general and European SMEs in particular. Is this really helping European patent holders? I have some serious doubts. When one further sees that the average number of validations of granted European patents is between 3 and 5, the necessity of a complicated system like the UPC is not manifest. To my knowledge no study about the economic necessity of the UPC has ever been carried out.
Claiming that the UPC will bring about a movement of harmonization of European Patent Law is anything but sure. Both the UPC and the BA can decide upon the validity of a granted patent. The EPO for a shorter length of time, the UPC for a longer one. As a UP is a patent granted by the EPO, divisions of first instance of the EPO and BA are bound by decisions of the EBA. There is not even a cooperation mechanism foreseen between the two courts. This is however the case for the EFTA Court and the CJEU. The problem is compounded in that the UP/UPC is first not covering the whole of the EU, and I am not sure that the remaining member states of the EPC will accept case law from an institution they have no influence on it.
I do not expect that the number of oppositions at the EPO will diminish. First there is a big difference in fees and the EPO has streamlined the opposition procedure and the BA are making great efforts to lower their backlog. One should also not forget that the backlog has risen due to the blocking of any recruitment at the BA for many years. One wonders if this was not a deliberate attempt to discreetly favour the UPC.
Last but not least, the costs for simultaneous interpretation are borne by the EPO, whereas at the UPC, they will be costs of the proceedings to be borne by the losing party. That the costs or damages can have ceilings does not fundamentally change the issue.
Independently from the high basis fees at the UPC and in view of the costs for simultaneous interpretation been borne by the losing party, it is clear that the UP/UPC is for contenders having deep pockets.
Having practised European integration during my whole active life I am certainly for it, but I am neither convinced nor compelled to think that the UP/UPC system is the right way in matters of IP. There are other, much cheaper, ways to bring about a harmonisation in IP matters.
Recent Techrights' Posts
- Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
- Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
- Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
- Links for the day
- [Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
- So-called "advertiser-unfriendly" material was never a problem for Wikileaks
- This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
- Wikileaks' Julian Assange: Exposing the US Military Crimes
- 20 Years Passed, Let's Go Even Faster Now
- We are hoping to bring more original stories
- Windows Lost Almost 92% Market Share in Egypt
- From over 99% to just over 7%
-
- A Crisis of Online Journalism
- Almost a week ago a journalist was forced to plead guilty for an act of journalism
- Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
- openai.com traffic plunged 60% last month
- Microsoft’s Latest Antitrust Scrutiny
- 4 new stories
- Microsoft Layoffs, Mass Plagiarism, and More
- outrage included
- GNU/Linux Climbed 0.25% This Month (in statCounter)
- Around midday on Tuesday we'll start seeing preliminary data for July
- Ilya Gulko Introduces Pollyanna
- "Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
- 'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
- looking to raise funds at the same time as the FSF
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Saturday, June 29, 2024
- IRC logs for Saturday, June 29, 2024
- Links 29/06/2024: Astronauts at Risk, Ukraine Updates
- Links for the day
- Fedora and Red Hat Leftovers
- mostly redhat.com
- Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
- Notice the title and the image, what's being promoted etc.
- Seychelles: GNU/Linux Doing OK
- Seychelles cannot be considered poor
- Gemini Protocol Isn't Even Remotely "Dead"
- "Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
- About 10 New Free Software Foundation (FSF) Members Per Day
- The total changed from 46 to 47 while typing the article
- Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
- This is not happening only in Germany
- Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
- It uses buzzwords where none are needed
- [Meme] Garbage In, Garbage Out (linuxsecurity.com)
- It is neither Linux nor security, just chatbot-generated slop
- Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
- linuxsecurity.com became an anti-Linux spam site
- Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
- retaliatory layoffs at Microsoft
- Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
- Links for the day
- In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
- Not even counting Chromebooks
- LibrePlanet: Cultivating Backups (of Recordings)
- an appeal to recover some of these talks
- Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
- Taking full history into account, this is a decrease of over 90% in some cases
- Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
- "the "smiling faces" behind it."
- Android at 90% or More in Chad
- Windows below 2%
- David Wilson: Cultivating a Welcoming Free Software Community That Lasts
- "a feeling of shared ownership for all users."
- Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
- And probably at a symbolic capacity only
- Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
- Julian Assange's life inside the Ecuadorian embassy
- Neil Plotnick on GNU/Linux in the High School Classroom
- uploaded to the LibrePlanet instance of MediaGoblin
- Asia Appears to be Fastest to Adopt GNU/Linux
- the home of a considerable majority of the world's population
- Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
- in spite of technical difficulties encountered while recording
- What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
- Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Friday, June 28, 2024
- IRC logs for Friday, June 28, 2024
- Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
- Links for the day
- Links 28/06/2024: Overton window and Polarization
- Links for the day
- [Meme] In 50 Years...
- Microsoft's Vista 11 will take 50 years to be fully adopted
- Only About 1 in 8 Russian Windows Users is Using Vista 11
- it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
- Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
- Links for the day
- Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
- Links for the day
- IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
- almost exactly a year after turning RHEL into proprietary software
- Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
- "Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
- ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
- We're talking about India today
- [Video] "It Is Incredible That Julian Assange Survives"
- There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
- Never Assume That Because the Law Exists the Powerful Will Follow the Law
- Who's going to hold them accountable now?
- Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
- I can cynically guess that only matters when a user with a Chinese name does it
- [Video] Julian Assange Explains Wikileaks' Logistics
- predating indefinite detention
- IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
- The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
- "I Hated Working at IBM. They Were the Most Unfriendly People."
- Don't forget what Watson the son did to a poor woman on a plane
- State of the News (and Depletion of Journalism Online, Not Just Offline)
- Newspapers are not coming back and the Web is not coming back either
- GNU/Linux Consolidates in North America
- Android rising a lot this year, too
- [Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
- Work more; Get less
- Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
- SUEPO wants more EPO staff to participate in collective action
- Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
- Published yesterday by a number of mainstream publishers
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Thursday, June 27, 2024
- IRC logs for Thursday, June 27, 2024
- RIP Daniel Bristot de Oliveira, Red Hat death
- Reprinted with permission from Daniel Pocock