01.15.17

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Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

Posted in Europe, Law, Patents at 4:52 am by Dr. Roy Schestowitz

UPC, RIP

Summary: The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted

THE UPC may be unconstitutional (or un-Constitutional) in a lot of states. Does Battistelli care? Well, he hardly cares about the laws, let alone constitutions. According to this or this, quoting the new (and latest) paper from Dr. Ingve Björn Stjerna, “German ratification proceedings comprise several options for bringing the ratification legislation before the German Constitutional Court (“BVerfG”) for a constitutional law review in which the CJEU would be invoked as regards Union law questions by way of a request for a preliminary ruling.”

“We need more Free Open/Source software companies to help us battle the UPC, which would definitely usher in not only patent trolls but also software patents in Europe.”Given Germany’s selfish interests, as we recently noted in relation to Germany's Justice Minister Heiko Maas, we very much doubt the government will care if the UPC turns out to be un-Constitutional. Things have gotten so bad in fact that Maas also flagrantly disregards/ignores EPO abuses (as per German law) on German soil. As for Team UPC, it’s paying for propaganda. These people play dirty. Very dirty.

Thankfully, as we repeatedly pointed out before, the UPC in in a limbo. In fact, based on the abstract of this upcoming FOSDEM talk, Robinson Tryon too agrees with the “limbo” analogy. “With the future of the European Union’s Unitary Patent Court in limbo due to the Brexit,” he writes, “leaders in Free Software owe it to themselves and their companies to be more agile and more prepared to address patent issues…”

We need more Free Open/Source software companies to help us battle the UPC, which would definitely usher in not only patent trolls but also software patents in Europe. Here is the full abstract of the upcoming talk:

Are FOSS Companies Ready to Deal with Patents in the US and Europe?

Most small businesses have no patent strategy. Though many FOSS companies have policies in place regarding copyright and keeping detailed records of code contributions, few have paid enough attention to how patent litigation could affect them. For those FOSS businesses active in multiple countries or looking to expand into an international market, failure to understand the patent ecosystem in each jurisdiction could be a costly mistake.

Most small businesses have no patent strategy. Though many FOSS companies have policies in place regarding copyright and keeping detailed records of code contributions, few have paid enough attention to how patent litigation could affect them. For those FOSS businesses active in multiple countries or looking to expand into an international market, failure to understand the patent ecosystem in each jurisdiction could be a costly mistake.

This talk will use recent cases and ongoing changes in the patent systems of the US & Europe as modern examples for our discussion. We’ll describe the pitfalls that can affect any company, tabulate the costs of litigation, and offer methods businesses can use to reduce overall risk.

With the future of the European Union’s Unitary Patent Court in limbo due to the Brexit, and with no public position on patents from the United States’ next administration, leaders in Free Software owe it to themselves and their companies to be more agile and more prepared to address patent issues — whether they work at a small startup or at a large multinational corporation.

We previously coordinated some action (such as petitioning) regarding the UPC, but seeing how things are moving in the UK (with the business-oriented Madame Tesco leaving to be replaced by Boris Johnson's brother after just months in her job), it seems like the UPC is falling apart anyway, even without some outside intervention.

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