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The PAP already started with the (withdrawn) ratification of the UK, as required by the LAW, and the UPC will start with a seat in London, as required by the LAW.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 New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt
European Patent Office Management Mocked for Trying to 'Bribe' Staff With a Little Food
The Office is having a crisis; a little breakfast treat won't solve it
The Corporate Media Intentionally Overlooks How Google's Debt Trebles in Just Over a Year
We'll soon see how much more money Microsoft has borrowed
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
 
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Google News Sloppy Again
Today was disappointing
SLAPP Censorship - Part 62 Out of 200: Garrett and Graveley Issue Astounding Copy-Paste Masterpiece Asserting Publicly-Accessible Embarrassing Facts Must Remain Hidden
Are Garrett and Graveley twins separated at birth but joined by GNOME and Microsoft?
Links 30/04/2026: Barrage of Lawsuits Against Slop, Microsoft's Stock Crashes
Links for the day
Microsoft Says Mass Layoffs Are Coming and Puts a Price on Them
Microsoft will shrink
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
If We Move Everything to Devuan...
IRC, Git, Apache and so on
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day