●● IRC: #techbytes @ Techrights IRC Network: Thursday, September 23, 2021 ●● ● Sep 23 [00:53] schestowitz http://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632326482281#c5715083979827179983 [00:53] -TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKat [00:53] schestowitz " [00:53] schestowitz It seems to me that the following considerations of the UPCA have also been completely ignored by the proponents of the UPC : [00:53] schestowitz CONSIDERING that the Contracting Member States should, in line with the case law of the Court of Justice of the European Union on non-contractual liability, be liable for damages caused by infringements of Union law by the Unified Patent Court, including the failure to request preliminary rulings from the Court of Justice of the European Union; [00:53] schestowitz CONSIDERING that infringements of Union law by the Unified Patent Court, including the failure to request preliminary rulings from the Court of Justice of the European Union, are directly attributable to the Contracting Member States and infringement proceedings can therefore be brought under Article 258, 259 and 260 TFEU against any Contracting Member State to ensure the respect of the primacy and proper application of Union law; [00:53] schestowitz RECALLING the primacy of Union law, which includes the TEU, the TFEU, the Charter of Fundamental Rights of the European Union, the general principles of Union law as developed by the Court of Justice of the European Union, and in particular the right to an effective remedy before a tribunal and a fair and public hearing within a reasonable time by an independent and impartial tribunal, the case law of the Court of Justice of the European Union and [00:53] schestowitz secondary Union law. [00:53] schestowitz Surely, there must be something in those considerations upon which a party, including any member state, could act and seize the EUCJ ? [00:54] schestowitz I was also under the impression that at some stage, one of the drafts (unfortunately don't remember which document now) contained an explicit reference to seeking approval from the EUCJ (or perhaps it was only the EU Commission) as to the validity of the agreement ? [00:54] schestowitz " ● Sep 23 [01:32] *DaemonFC has quit (Ping timeout: 2m30s) [01:43] *rianne_ has quit (Quit: Konversation terminated!) [01:43] *rianne_ (~rianne@qhduu73fcjmdn.irc) has joined #techbytes [01:57] *GNUmoon2 (~GNUmoon@ggviptc9syaq6.irc) has joined #techbytes ● Sep 23 [02:23] *DaemonFC (~DaemonFC@jqw6a9nnkevmk.irc) has joined #techbytes ● Sep 23 [04:28] *DaemonFC has quit (Ping timeout: 2m30s) [04:40] *DaemonFC (~DaemonFC@e4z63rvppmwhu.irc) has joined #techbytes ● Sep 23 [05:07] *DaemonFC has quit (connection closed) [05:49] *GNUmoon2 has quit (Ping timeout: 2m30s) ● Sep 23 [07:37] *psydroid3 (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes ● Sep 23 [10:45] *GNUmoon2 (~GNUmoon@aznruqq9uvrec.irc) has joined #techbytes ● Sep 23 [11:21] *DaemonFC (~DaemonFC@e5ifhyuxg6s7y.irc) has joined #techbytes ● Sep 23 [12:20] schestowitz http://ipkitten.blogspot.com/2021/09/dabus-ai-inventor-or-emperors-new.html?showComment=1632378416986#c8930027865632591835 [12:20] schestowitz " [12:20] -TechBytesBot/#techbytes-ipkitten.blogspot.com | DABUS: An AI inventor or the Emperor's New Clothes? - The IPKat [12:20] schestowitz With due respect to his function, it is worth noting that LJ Birss has a clear tendency to attempt regularly to distinguish himself from his peers. [12:20] schestowitz It is difficult to understand what he wants to achieve. [12:20] schestowitz His views are often contentious and do not really bring matters forward. [12:21] schestowitz In the DABUS case his point of view is neither compelling nor convincing contrary to that of his colleagues. [12:21] schestowitz " [12:21] schestowitz http://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632391104819#c5034526133030620816 [12:21] -TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKat [12:21] schestowitz " [12:21] schestowitz @NeverADullMoment [12:21] schestowitz Art 42(2)UPCA, second sentence: "The prior opinion of the European Commission on the compatibility of the Rules of Procedure with Union law shall be requested." [12:21] schestowitz No approval of the UPCA by the CJEU is foreseen. [12:21] schestowitz " [12:22] schestowitz http://ipkitten.blogspot.com/2021/09/the-unified-patent-court-do-we-finally.html?showComment=1632391050379#c1113197399893746806 [12:22] -TechBytesBot/#techbytes-ipkitten.blogspot.com | The Unified Patent Court. Do we finally have a predictable timeline? - The IPKat [12:22] schestowitz " [12:22] schestowitz The UPC is the revenge of the lawyers over the patent attorneys. [12:22] schestowitz Although they can, under certain conditions, represent parties before the EPO, it is a very rare occurrence. They have not really been present before the EPO. [12:22] schestowitz They wanted to keep the pie for themselves and wanted to have the exclusivity of representation before the UPC. [12:22] schestowitz They had to accept that parties can be alternatively represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate, cf. Art 48(2)UPCA. [12:22] schestowitz Art 48(4) Representatives of the parties may be assisted by patent attorneys, who shall be allowed to speak at hearings of the Court in accordance with the Rules of Procedure. [12:22] schestowitz According to R 292(3) UPCA patent attorneys shall be allowed to speak at hearings of the Court at the discretion of the Court and subject to the representatives responsibility to coordinate the presentation of a partys case. [12:22] schestowitz In other words they will have a similar position as accompanying persons according to G 4/95 in procedures before the EPO.... [12:22] schestowitz " [12:25] schestowitz " [12:25] schestowitz Contest the Education and Childcare allowance reform - Request for Review templates [12:25] schestowitz Dear SUEPO members, [12:25] schestowitz Dear colleagues, [12:26] schestowitz On 29 June the Administrative Council decided on the Education and Childcare Reform to the detriment of many EPO staff and their families. [12:26] schestowitz In order to give support to our members and all EPO staff SUEPO Central decided to provide you with Request for Review templates. [12:26] schestowitz Defend your rights and send a Request for Review before the 29 September 2021. [12:26] schestowitz SUEPO provides you with two templates and annexes [12:26] schestowitz You can find a general template especially for colleagues in The Hague, Vienna and some cases in Berlin that can be adapted to your situation (see template Request for review_Edication-Childcare_TH-VI-BE.docx and ANNEXES" in annex). [12:26] schestowitz If your situation is not reflected in the general template - that is mostly the case for the colleagues in Munich -, you can find a template especially for colleagues having their child(ren) studying abroad, in countries where the cost of living is higher than in The Netherlands (see see template Request for review_Edication-Childcare_MU.docx and ANNEXES" in annex).Please follow the instructions in the annexed Instruction guide. [12:26] schestowitz Urgent Call: We need YOUR support and help in collecting the number of Requests for Review (RfRs) submitted so we have an accurate overview of the filings! [12:26] schestowitz " ● Sep 23 [13:34] *DaemonFC has quit (connection closed) [13:34] *DaemonFC (~DaemonFC@e5ifhyuxg6s7y.irc) has joined #techbytes ● Sep 23 [14:21] *DaemonFC has quit (Ping timeout: 2m30s) [14:59] *GNUmoon2 has quit (Ping timeout: 2m30s) ● Sep 23 [15:15] *GNUmoon2 (~GNUmoon@5azp8xgxmpx9k.irc) has joined #techbytes ● Sep 23 [18:30] schestowitz https://nitter.eu/KriyaOaira/status/1440791593892474880 [18:30] -TechBytesBot/#techbytes- ( status 429 @ https://nitter.eu/KriyaOaira/status/1440791593892474880 ) [18:36] *DaemonFC (~DaemonFC@vgjrvyjw9fiyc.irc) has joined #techbytes ● Sep 23 [19:38] *DaemonFC has quit (Ping timeout: 2m30s) [19:41] *DaemonFC (~DaemonFC@bzfy7qyfg7eje.irc) has joined #techbytes ● Sep 23 [22:30] *DaemonFC has quit (connection closed) [22:57] *psydroid3 has quit (connection closed) ● Sep 23 [23:40] schestowitz >>> The sound quality of that phone number might not be good enough for [23:40] schestowitz >>> proper dialog. Perhaps SIP could be offered as a backup plan. [23:40] schestowitz >> It went on OK just now... we spoke for over half an hour. There will be [23:40] schestowitz >> follow-up, too. [23:40] schestowitz >> [23:40] schestowitz > Excellent news.