Bonum Certa Men Certa

Lack of Independence of the Boards of Appeal at the European Patent Organisation (EPO) a Fatal Blow for the UPC

Boards of Appeal



Summary: Issues associated with the EPC, namely the lack of separation of powers at the EPO, may mean that the UPC is merely a zombie waiting to accept its permanent death

According to this page from the EPO (apparently new): "Current planning is that the Boards of Appeal will start operations at their new building on: 2 October 2017." That's just a few days after Kongstad leaves. He has, to a large degree, been to blame for the loss of independence of the Boards of Appeal, having gone along with Battistelli.



"Not as handy as it is currently," commented one legal firm, describing itself as a London/Cambridge-based "Internationally renowned firm of European and UK Patent, Trade Mark and Design attorneys with a highly experienced and friendly team."

Managing IP, another British entity one might expect to be EPO-friendly, joked about "Reinforcing the @EPOorg Boards' "independence". Good to see they still have a canteen, though."

It's sarcasm of course. "And no room for the numbers of people or hearings needed to do the work," said another person, "as I hear."

So they can't even do their job properly, as noted last year. The EPC looks shredded and miserable.

Where is Team UPC when all of this is happening? British elements of Team UPC are still ignoring what happened some days ago. It was major news, but they are still conveniently ignoring it, resorting to Estonia instead (no kidding!), as they have been doing since last month.

Won't they ever admit that the UPC is in trouble both in Germany and the UK? All they have said about it so far was pure spin if not outright lies (we rebutted those).

The matter of fact is, the UPC (in its current form) won't happen if Britain leaves the EU. Jones Day's staff (Olga Bezzubova, Diana Leguizamón-Morales and John Podtetenieff) reposted a few days ago -- again in a site for lawyers -- concerns about this conformity step, as if the EPO obeying European authorities is somehow a bad thing.

At around the same time, just before the weekend, a site for UK lawyers cited The Register (a partner/sister site) in relation to the situation in Germany:

Last month it emerged that Germany's Constitutional Court was considering whether legislation backed by the country's parliament, which would give recognition to the jurisdiction of the UPC in Germany, is constitutional.

Details of who has raised the complaint and what the precise grounds for it have not yet been confirmed. However, patent law specialist Marc L. Holtorf of Pinsent Masons, the law firm behind Out-Law.com, said two distinct rumours have been circulating as to the basis for the complaint.

Holtorf was commenting after The Register cited reports in Germany that have suggested concerns about the independence of the Board of Appeal at the European Patent Office (EPO) are behind the legal challenge. The concerns relate to the powers held by EPO president Benoit Battistelli and the extent to which those powers enable him to influence judicial appointments, according to the reports.

"A perceived lack of independence of judges could be an obstacle if Germany wants to transfer judicial power to such a court," Holtorf said. However, he said a second "simpler" rumour as to the legal basis for the constitutional complaint had also emerged in the country.



In IP Kat comments, noting similar reporting in The Register and in German sites ("About the Unitary patent and the German Constitutional Court case"), people have written about the relation or correlation between the lack of independence and the status of the UPC:

Rumours emerge on basis for legal challenge against Unified Patent Court reforms in Germany

Alternative reports have emerged in Germany about what the basis for a legal challenge brought against legislation passed in Germany to ratify the planned new Unified Patent Court (UPC) system in Europe is, an expert has said.

https://www.out-law.com/en/articles/2017/july/rumours-emerge-on-basis-for-legal-challenge-against-unified-patent-court-reforms-in-germany/


So they're finally getting it. Ever since Battistelli viciously attacked the boards (in 2014 it culminated in a "house ban") things have gone very rogue both for Battistelli and his 'baby', the UPC.

We don't expect any progress to be made on the UPC, not even after the summer.

Recent Techrights' Posts

How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock