Bonum Certa Men Certa

Team UPC and Corrupt EPO Management Have Fast Become a Severe Crisis of Legitimacy for the European Union

Some recent headlines (lies, fake news):

(UPC on track to open late 2022 or early 2023 | Bristows) Liars can be ignored after lying so much; No, it is illegal; So now it's 'next year' again?

(Inaugural meeting of the Administrative Committee of the UPC | Allen & Overy LLP - JDSupra/JD Supra) Webchat/Conflict of interest; Lobbyists looking to crush the law

(Interviews with candidate judges for the Unified Patent Court have started | Kluwer Patent blogger) Team UPC: ???   No, they also did this half a decade ago. It's a lobbying tactic.

The comments (as usual) smash this jingoistic nonsense -- a call to break the law and violate constitutions:

Patent robot

APRIL 6, 2022 AT 7:35 PM

The PAP already started with the (withdrawn) ratification of the UK, as required by the LAW, and the UPC will start with a seat in London, as required by the LAW.

Again: is all this LEGAL?


Attentive Observer

APRIL 6, 2022 AT 10:17 PM

If I am not wrong there should have been a declaration according Art 31/32 VCLT in order to replace the necessary ratification of the PAP by the UK with IT. This was announced by Mr Ramsay, but further to this announcement nothing seems to have actually happened in this matter.

Has such a declaration ever been signed or has the secretariat of the commission simply created a “fait accompli”?

How is it possible that an advisory committee convenes in order to select judges if this legal “home work” has not been carried out?

I would think if there is an institution in which the rule of law should be a prime concern, it is the UPC.

Or are vested interests such that the rule of law is simply ignored?


One of those...

APRIL 7, 2022 AT 8:11 PM

If organisations which have been created to apply a specific law refuse to do so, but still hold the requirements of this law against their employees……

Looking at a famous Art. 4a CBE.

It just shows, law is for those who are not strong enough to ignore it. Management can simply ignore it.

No Administrativ Council seat member makes a step to risk his seat, same in the UPC apparently.


William Garry

APRIL 7, 2022 AT 7:51 PM

No parliament involved in the interview of those judges.

‘Democracy’ has been stolen. LightBlue APRIL 8, 2022 AT 9:34 AM William, the EU has certain problems with judges being appointed by politicians, referencing Poland and Hungary for example (though ignoring other countries where judges are political appointments, such as Germany).



Simona Fonzi

APRIL 8, 2022 AT 10:20 AM

Another recent CJEU decision in PL Holdings vs Poland on the legality of international courts dealing with EU law recalls the role of National Courts:

http://arbitrationblog.kluwerarbitration.com/2021/05/05/is-there-room-to-hope-for-non-treaty-based-isds-in-the-eu-remarks-on-ag-kokotts-opinion-in-case-c-109-20-poland-v-pl-holdings/

“AG Kokott concludes that individual arbitration agreements between investors and Member States concerning the “sovereign application of EU law” are compatible with Articles 267 and 344 TFEU ***only if national courts*** can comprehensively verify the award’s compliance with EU law and refer the matter to the CJEU if necessary.”

“Third, for such non-treaty-based arbitrations over “sovereign measures for enforcing EU law” to comply with Articles 267 and 344 TFEU, the resulting award must be open to “comprehensive” review by the Member State courts as to its compatibility with EU law.”


Yes, but!

APRIL 11, 2022 AT 6:17 PM

That in many countries judges are actually appointed by politicians is common.

For the highest French Court, the Conseil Constitutionel, the President of the Republic, the chair of the Parliament and of the Senate have the right to appoint. Even former presidents of the republic are members as of right. The appointments are thus highly political.

In Germany the same applies to the German Federal Constitutional Court. The right to present candidates is given to the parties in the parliament. The new President of the GFCC was directly appointed from his seat as MoP to the GFCC. When one realises that he was one of the MoP which had much more income from other duties than that earned as MoP, doubts can be raised whether he is as independent as he claims to be. He was a very active lawyer.

In other words some designation of judges are highly political and there is not a lot to be done about it. If those highest judges are former judges or renowned legal scholars showing a free mind, there is not much to be said about their political appointment.

The problem starts when there the appointment is the result of co-opting friends and buddies (as was the case for the drafting committee of the rules of procedure of the UPC), or with intent to push aside actual judges which are not abiding by some party line, like in Poland.

For the time being, I would give the judges appointed to the UPC the benefit of the doubt.

In any case as said by another commenter, the legal home work for those judges has not been done, cf. the “ratification” of the PAP and Art 7(2) UPCA.

This put a shadow on the appointing body and on the appointed judges.



The EPO has become a weapon against the EU's credibility. Thank Benoît Battistelli and António Campinos for that?

(US Cos. Rebound From Dip In European Patent Applications | Law360) Compliance and quality lowered; Software patents

More European software patents? Or proper patents one can successfully enforce in a court? (A real court, not UPC unicorns and kangaroos)

Recent Techrights' Posts

In Switzerland, GNU/Linux Reaches Record Highs, But What About the Corruption?
Pocock is a disappointed citizen of Switzerland
At BetaNews, "Most Commented Story" Is Not a Story But LLM Slop! (Readers Talking to Bots)
They make fake stories with provocative headlines and then boast that these get many comments
[Meme] Swiss Lawyers/Attorneys Who Fake Qualifications and Rob People
Switzerland mostly guards its reputation by censorship of media
Just How Slow Has the News Industry Become?
We're drowning in garbage from fake publishers
BetaNews is Beta-Testing the Site as LLM Slop With Microsoft Propaganda Thrown In
Many of the people there are Microsoft boosters and they use slop as "filler" (for marketing)
Gemini Links 13/11/2024: Phasing Out 3G, Brian Kernighan Books, Tcl/Tk, Time to Ditch x86
Links for the day
 
Gemini Links 13/11/2024: Magic of Walking and Lest We Forget
Links for the day
Links 13/11/2024: USPTO Director Kathi Vidal ('Former' Microsoft Rep) Resigning, Censorship After Car Ramming Attack in China
Links for the day
Microsoft: Layoffs, Outsourcing, and R.T.O. as Cover for Mass Layoffs Without Severance Pay
Microsoft had mass layoffs pretty much every month this year
[Meme] The Addicted Lolicon Throwing Stones
"They've found my RMS attack site"
Jonathan Carter & Debian betrayed Joel Espy Klecker
Reprinted with permission from Daniel Pocock
Links 13/11/2024: Red Tape War and Programming Experiences
Links for the day
Links 13/11/2024: "Make Your Laptop Last FOREVER" With GNU/Linux, 23andMe Mass Layoffs, Intel 'Resignations' Layoffs Loophole
Links for the day
More Than 3 Years After Vista 11's Release More Chinese Computer Users Still Use Vista 7 (Than "11")
it was "officially" released October 5, 2021
Things That Still Work OK (But We're Being Shamed for Using)
Using old stuff is nothing to be shamed of (or afraid to do)
Free Software is About Collaboration
WordPress limits it
Even the Managing Editor of BetaNews is Doing Slop and Spam
A Fish Rots From The Head Down
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 12, 2024
IRC logs for Tuesday, November 12, 2024
PERA Bill in US Senate Strives to Crush Caselaw, Making Patents on Mathematics and Algorithms 'Great Again'
Follow the money
Evolution of euthanasia & WIPO UDRP similarities exposed by W. Scott Blackmer
Reprinted with permission from Daniel Pocock
Links 12/11/2024: A Lot of Censorship and SWNS at 50
Links for the day
BetaNews, Inc. Became a Spam Operation/Web Site, LLM Spew (Slop) for SEO Disguised as "Articles"
Published 5 minutes ago by Brian Fagioli...
Gemini Links 12/11/2024: Invidious Down and YouTube Addiction
Links for the day
Links 12/11/2024: Hey Hi (AI) Failures and COP29 Fakers
Links for the day
Latest Rumours of Red Hat Layoffs
Rumours or gossip is how almost everything starts
WordPress is for the 'Old Web'; the New Web Necessitates Static Pages
There are purely practical reasons to move away from WordPress and the likes of it
Biggest Debt Leap in Years, More Than Half a Trillion Dollars in Just One Month
We remind people (almost every year) that it's also "buynothingday"
Windows Falling to All-Time Lows and Microsoft Has Nothing to Replace It With
It's mostly Android (Linux) replacing Windows
Cybershow Has a New 81-Minute Episode on Digital Sovereignty and International Cyber-Relations
it is a high-quality show
Activism in the Digital Realm Can Never (and Must Never) Rely on GAFAM
This simply means that tech activists must completely abandon any hopes of finding allies in Google or IBM or whatever...
Golden Dawn(ald) and What GAFAM Means to Liberal Techies
In one single screenshot
IBM CEO Says Donald Trump as President-Elect is Good for IBM in New Interview With CNBC
most unprincipled CEO ever?
GNU/Linux Up to 6.1% in Finland (Almost 9% If One Counts ChromeOS Too)
Home of Linux (the kernel)
BetaNews Has Become a SPAM/Slop Factory, Brian Fagioli Publishes Fake 'Articles'
everything is now suspect in BetaNews
It's Morbid to Talk About Living People as If They're Dead
What happens to LLM slop when Brian Fagioli dies?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 11, 2024
IRC logs for Monday, November 11, 2024
Free Software and Love of Nature
It's not a coincidence that many Free software activists are also lovers of nature
Silicon Valley and GAFAM Were Never Liberal
spineless CEOs and founders aren't against Trump
Windows and 'The Desktop' Floundering
Microsoft should be extremely worried
WordPress is Bad for the Planet (Even If Many Still Use It)
the costs nobody wishes to talk about
Gemini Links 11/11/2024: Closed Systems and Verify You Are Human To Continue
Links for the day
Running Twitter at a Loss and Then Profiting From Trumpism
How very liberal of Jack Dorsey, the greedy "Liberal" who only prioritised money
Microsoft, Which Benefits From Donald Trump, is Normalising Donald Trump
Some people still wrongly believe that Microsoft is left-leaning
ChromeOS and GNU/Linux Growing in Spain (Almost 10% Now)
Whether this persists next month and next year will certainly matter
When You Upload Talks of Richard Stallman to Proprietary YouTube
Also: notice they work to abolish the word "whitelisted"
Free Software is Probably a Lot Healthier for You
Does Free software help people live longer and/or live better for longer?
Sweden: ChromeOS + GNU/Linux at 17%, an All-Time High
According to statCounter
Windows Collapsed to Only 12% of the Operating Systems Market in India, Says statCounter
Windows falls to 64% on desktops/laptops in India, dips to 12% overall
Links 11/11/2024: Mastodon Year 2 in Review, Freshworks Laying Off 13% of Staff
Links for the day
[Video] Daniel Pocock Warning About Someone Like Elon Musk Buying and Misusing Twitter Almost 7 Years Ago
Daniel Pocock spoke about Facebook and Twitter while attending the UN Forum on Business and Human Rights in Geneva, Switzerland
[Meme] It Takes Only Words to Destroy Malicious People and Pathological Liars
Trying to silence us is foolish. Boasting about this in public is worse than foolish; it's a legal liability.
Dead Blog ('Hoisted By His Own Petard')
The saying "people who live in glass houses shouldn't throw stones" is also applicable here
Debian Voters Clearly Supportive of Richard Stallman (Founder of GNU/Linux), But Debian Leaders Keep Giving Voting Rights to Microsoft Staff
It can be seen that the pro-Stallman positions are dominant
WordPress is Unfit for Purpose in 2024
The Web itself changed a lot and the majority of Web traffic is pure junk
[Meme] Remember That Microsoft and Trump Already Have a "Targets List"
Microsoft loves Trump bailouts
Service Notice: IRC Downtimes RESOLVED
We believe we've solved this entirely (or hope so), but it may take another week to know for sure
Linux 'Not Inclusive' 6.12 (Trumpism Inside Linux Foundation Affirmed)
They can make a codename for this release: Linux 'Not Inclusive' 6.12
The Open Source Initiative (OSI) is Dead. Cause of Death: Microsoft Bribes.
At the core, Linux Foundation and OSI adopted lies as a business model
Joan Meyer correctly linked Gideon Cody raid on Marion County Record to Kristallnacht
Reprinted with permission from Daniel Pocock
Trans People Misused to Attack a Project or Developer Who Has Nothing to Do With Them
And why that truly hurts all trans people
Our 18+ Years of Freedom-Fighting
We always fight back
Gemini Links 11/11/2024: Men Losing Grip and "You're Relaxing Wrong"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 10, 2024
IRC logs for Sunday, November 10, 2024
Nobody Knows What's in Our Fridge! Wow, Spooky!
Freedom means you can also purchase things anonymously
Freedom Must Always Be Fought For (All the Time)
Ridicule of "freedom fighters" in the digital realm is typically orchestrated by dictators or wannabes.