Bonum Certa Men Certa

Lack of Independent Judiciary Under the Unitary Patent (Like Boards of Appeal Under Battistelli, in Defiance of the EPC) Will Possibly Kill the Unified Patent Court

Summary: Germany, a key player in UPC negotiations (most patents at stake), cannot proceed to ratification and Britain's expected exit from the European Union further restricts any progress

THE EPO hardly speaks about what happened in Germany. What happened there? Well, the UPC may be dead there. Earlier today or late last night Mathieu Klos (Juve) retweeted Thorsten Bausch (Hoffmann Eitle), who had published an important/exclusive article. He added: "UPC - und da ist sie wieder, die Brexit-Problematik. Komplexe Verfassungsbeschwerde. Urteil + Lösung erst nach Abschluss des Brexits?"



"They pretend, yet again, that the UPC is inevitable and everyone must prepare for it. Bristows is notorious for such bad character; they're patently dishonest."He speaks of the Brexit issue and the complex constitutional complaint in Germany. Judgment/solution, apparently, can only come after completion of Brexit (i.e. years from now). Unless we misunderstood what he and Thorsten Bausch meant to say...

The blog which published this is part of Team UPC. Those are UPC proponents.

What do UPC boosters say? Well, the EPO and Bristows (a Battistelli booster) speak of a so-called UPC "Guide [which] is currently only available in PDF format, but the EPO is working on providing an online version of the same."

They pretend, yet again, that the UPC is inevitable and everyone must prepare for it. Bristows is notorious for such bad character; they're patently dishonest.

Christopher Weber, a German booster of the UPC, moaned about "Attack on the #UPC on all levels. Everybody who thought limited attack on formal grounds = completely wrong..."

"The UPC is stuck on the table.""The UPC itself is an attack (on businesses, for law firms)," I told him, so "this is merely a defense."

He only responded with an irritated off-topic rant. These people have nothing but frustration.

The original article from Bausch said this:

The third alleged violation pertains to the perceived lack of an independent judiciary under the UPC. Perhaps (but this is my speculation based on Prof. Bross’ criticism to the EPO system) this is related to the fact that the judges are only appointed for six years, with a re-appointment being possible, but not guaranteed (Art. 4 UPC Statute).


"Excellent update," Richard Gillespie wrote in the comments, "many thanks for asking that question! The only thing to add is that as the UK triggered Article 50 on 29 March 2017 – my understanding is that if the UPC is not in place before 29 March 2019 (i.e. before the UK leaves the EU) the UPC will effectively be dead – the UK can no longer sign up at that point as it will no longer be a member state and as the UK is hardwired into the treaty renegotiation will be required."

"As Battistelli has just months left at the job, the UPC looks like another dying project, just like TPP when Obama left Office."Birgit Clark, a German based in the UK, said this: "Just to confirm that I contacted the court’s press officer who confirmed the content of the above blogpost to me today by email. Thorsten Bausch was simply quicker and took the initiative. All completely above board!"

She then received a rude response: "Dear Birgit, how about just keeping quiet until it was you who took the initiative and brought something forward in this matter, instead of first questioning the legitimacy of Dr Bausch’s post and then, after – of course – it got confirmed, quickly moving back in line, now trying to pretend that you had any meaningful stake in this? Just awful."

Suffice to say, the liars and cheats from Bristows also took the opportunity to meddle, having repeatedly written dismissive posts about this complaint (without even knowing what it was about!).

As we said before, we don't expect any major progress this year. The UPC is stuck on the table. As Battistelli has just months left at the job, the UPC looks like another dying project, just like TPP when Obama left Office.

Recent Techrights' Posts

Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
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
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
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
[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