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| schestowitz | pasted comments (as backup) http://patentblog.kluweriplaw.com/2022/11/22/epo-and-upc-sign-data-exchange-agreement/#comment-40662 | Nov 28 05:50 |
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| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | EPO and UPC sign data exchange agreement - Kluwer Patent Blog | Nov 28 05:50 | |
| schestowitz | " | Nov 28 05:54 |
| schestowitz | Inventive but not new | Nov 28 05:54 |
| schestowitz | NOVEMBER 22, 2022 AT 12:03 PM | Nov 28 05:54 |
| schestowitz | Does anyone have more context? The information itself is not more than “two top guys in IP matters are having a field day”. Proceedings before UPC simply do not work without an instant data exchange with EPO, so what is the point of a November 2022 agreement? Does it settle things that are already practice in background? Since the UPC is dependent from EPO data and case experience (training judges), does the EPO get something in return? Is the | Nov 28 05:54 |
| schestowitz | agreement open to the public? | Nov 28 05:54 |
| schestowitz | Concerned observer | Nov 28 05:54 |
| schestowitz | NOVEMBER 22, 2022 AT 12:26 PM | Nov 28 05:54 |
| schestowitz | What to make of the statement that “The agreement will be an important element in establishing the UPC’s case management system”? | Nov 28 05:54 |
| schestowitz | A fully fledged version of the UPC’s case management system was already supposed to be ready for action. Indeed, “strong authentication” was supposed to have been implemented for that CMS in September 2022 … which deadline was replaced by “the end of October 2022” and now by heaven knows what date. | Nov 28 05:54 |
| schestowitz | The start of the sunrise period is now just over one month away. Are we really supposed to be reassured by a statement which effectively confirms that the CMS is still in the process of being established? | Nov 28 05:54 |
| schestowitz | Oh well, if the UPC’s “implementation roadmap” can be trusted, this week should see the start of the “Sunrise CMS practice” period, which is when “the CMS system will be accessible to the public with the same functions as from the start of the Sunrise”. Amazingly, only 3 to 4 weeks was originally envisaged for that period. Given that it has not yet started, the likelihood is now that the “Sunrise CMS practice” period will last for | Nov 28 05:54 |
| schestowitz | a maximum of 3 weeks, and perhaps even just over 2 weeks. | Nov 28 05:54 |
| schestowitz | It would not surprise me if the “Sunrise CMS practice” period starts at the end of this week … ie a day on which most or all of the US is on holiday, and is immediately followed by two non-working days. That would tie in with the date selected for the start of the sunrise period proper, which is a non-working day that (at least in the UK) is immediately followed by a bank holiday. It would also follow the pattern of the UPC seemingly doing | Nov 28 05:54 |
| schestowitz | everything that it can to increase the legal and practical difficulties associated with preparing and filing opt-outs. | Nov 28 05:54 |
| schestowitz | It is almost as if the UPC is taking active steps that are aimed at reducing the number of valid opt-outs that can be registered before the end of the sunrise period. It makes one wonder whether the UPC has an interest (including a financial interest) in increasing its early case load, and hence has a clear conflict of interests with regard to its handling of (the practicalities for) opt-out applications. | Nov 28 05:54 |
| schestowitz | A Nanny Mouse in IP | Nov 28 05:54 |
| schestowitz | NOVEMBER 22, 2022 AT 5:53 PM | Nov 28 05:54 |
| schestowitz | Does anyone know how to get a UPC smart card and reader if you are an EPA in one of the non-EU, EPO countries. The list of smartcard providers seems very long and complex, hard to decipher and hard to engage with from outside the EU ,and even inside the EU. Any thoughts? | Nov 28 05:54 |
| schestowitz | Might this agreement solve this problem for EPAs? | Nov 28 05:54 |
| schestowitz | Concerned User | Nov 28 05:54 |
| schestowitz | NOVEMBER 23, 2022 AT 9:12 AM | Nov 28 05:54 |
| schestowitz | Even with a SmartCard from a trust service provider in LU, which allows successful access to the input page of the CMS, and even with a signature that complies with the eIDAS Regulation since 2020, there are currently still unsolvable problems: | Nov 28 05:54 |
| schestowitz | – No forms available, except those dated March 2022. | Nov 28 05:54 |
| schestowitz | – No updated FAQs on the UPC homepage. | Nov 28 05:54 |
| schestowitz | – IT UPC response time: more than 4 weeks, if any response at all. | Nov 28 05:54 |
| schestowitz | – No clear statements on the interpretation of Rule 4 RoP in relation to signature requirements (there are IP service providers offering an application to opt out for EUR 20.00 or EUR 50.00 per patent and saying that they will take care of the signature or that a signature is not required compliant to the eIDAS Regulation). | Nov 28 05:54 |
| schestowitz | – No practicable information on an API for handling hundreds of applications to opt out. | Nov 28 05:54 |
| schestowitz | – Until 23.11.2022: Neither in DE nor in CH is there a trust service provider that can offer a smart card with the required certificate. | Nov 28 05:54 |
| schestowitz | The suspicion remains that the rules of fair competition are not being observed here. | Nov 28 05:54 |
| schestowitz | Inventive but not new | Nov 28 05:54 |
| schestowitz | NOVEMBER 23, 2022 AT 10:28 AM | Nov 28 05:55 |
| schestowitz | There are rumours only, at least for me. The official list of authentication providers provided by UPC is by far too broad. Some of the providers do not issue physical smart cards or USB-sticks any more, some do not issue eIDAS conform authentication. I hear that attorneys in Luxembourg have a provider, while german attorneys are still working at a solution with a company. Austrian attorneys are still engineering as well. | Nov 28 05:55 |
| schestowitz | HitSmeHard | Nov 28 05:55 |
| schestowitz | NOVEMBER 22, 2022 AT 6:16 PM | Nov 28 05:55 |
| schestowitz | “UPC has an interest (including a financial interest) in increasing its early case load” | Nov 28 05:55 |
| schestowitz | A typical behaviour of a self-financed institution: doing everything they can for money: | Nov 28 05:55 |
| schestowitz | 1. Expensive court fees of 20.000eur to keep smes at bay; | Nov 28 05:55 |
| schestowitz | 2. Patent expansion to make sure as much patents fall within its jurisdiction. | Nov 28 05:55 |
| schestowitz | A bit like the EPO, which is self financed. | Nov 28 05:55 |
| schestowitz | How can society tolerate self financed institutions? | Nov 28 05:55 |
| schestowitz | What’s next, quarterly results? | Nov 28 05:55 |
| schestowitz | make it simple | Nov 28 05:55 |
| schestowitz | NOVEMBER 23, 2022 AT 11:48 AM | Nov 28 05:55 |
| schestowitz | If the agreement should be an important element in establishing the UPC’s case management system, why is it not possible to give access to UPC users the same access as for users of the EPO? | Nov 28 05:55 |
| schestowitz | This would avoid the present problems for obtaining access to the CMS system! | Nov 28 05:55 |
| schestowitz | It is not excluded that the difficulties in having access to UPC’s CMS system has the aim of avoiding too many opt-outs during the sunrise period. This goes on a par with the amendments of R 5(1,b) making opt-outs very complicated. | Nov 28 05:55 |
| schestowitz | Jan Van Hoey | Nov 28 05:55 |
| schestowitz | NOVEMBER 23, 2022 AT 1:33 PM | Nov 28 05:55 |
| schestowitz | “It is not excluded that the difficulties in having access to UPC’s CMS system has the aim of avoiding too many opt-outs during the sunrise period. This goes on a par with the amendments of R 5(1,b) making opt-outs very complicated.” | Nov 28 05:55 |
| schestowitz | They make it complicated because the UPC wants money! It needs money from litigation to survive! in which country does the courts takes a percentage of the dispute? Only in Germany and Austria. | Nov 28 05:55 |
| schestowitz | Different Strokes | Nov 28 05:55 |
| schestowitz | NOVEMBER 24, 2022 AT 8:56 AM | Nov 28 05:55 |
| schestowitz | In an earlier thread about the UPC one commentator opined that “the legal framework of employment has been put together in a rather shoddy manner”. | Nov 28 05:55 |
| schestowitz | It was also mentioned how according to Art 1(1,e) of the Staff regulation, “staff” means all persons employed by the Court except the judges, the Registrar and the Deputy Registrar. | Nov 28 05:55 |
| schestowitz | This distinction between judges and mere “staff” is also echoed in the UPC Protocol on Privileges and Immunities. | Nov 28 05:55 |
| schestowitz | https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/584439/EU_1.2017_Cm_9405_Prot_PI_Unified_PC_WEB.pdf | Nov 28 05:55 |
| schestowitz | Article 9 of the UPC-PPI is directed towards “Privileges and Immunities of the Judges and the Registrar” whereas Article 10 is directed towards “Immunities and Privileges of the Staff”. | Nov 28 05:55 |
| schestowitz | Article 10 provides that staff are “… exempted from national taxation on the salaries, wages and emoluments, but not on pensions and annuities, paid to them by the Court” and further provides that “these salaries, wages and emoluments may be taken into account by the State Parties for the purpose of assessing the amount of taxation to be applied to income from other sources”. | Nov 28 05:55 |
| schestowitz | The latter provision – i.e taking UPC income into account for tax assessment of other income – is an application of the so-called progressive taxation principle. | Nov 28 05:55 |
| schestowitz | This is commonly used in the case of international organisations. | Nov 28 05:55 |
| schestowitz | For example, it applies to the staff of the EPO. | Nov 28 05:55 |
| schestowitz | What is noteworthy here is that Article 9 omits to apply this “progressive taxation” principle in the case of judges and the registrar. | Nov 28 05:55 |
| schestowitz | From this it can be concluded that the contracting states do not have the authorisation to take the UPC income of judges and the registrar into account “for the purpose of assessing the amount of taxation to be applied to income from other sources”. | Nov 28 05:55 |
| schestowitz | What this “privilege” means in practice is, for example, that a part-time judge working for Nokia in Finland may not have his or her UPC income taken into account by the Finnish tax authorities when they are assessing that person’s overall tax liability in Finland. That is of course a purely illustrative example. So for part-time judges the UPC will provide a nice little tax-free earner on top of their day-job salaries. | Nov 28 05:55 |
| schestowitz | The same principle will apply to full time judges. If they have income from other sources, their UPC income will not increase their overall national tax liability. | Nov 28 05:55 |
| schestowitz | This is a rather curious exemption given that in the case of most international organisations the aforementioned “progressive taxation” principle is applicable en bloc to all staff members. | Nov 28 05:55 |
| schestowitz | Such is at least the case at the EPO where all staff – including members of the Boards of Appeal – are subject to this principle. | Nov 28 05:55 |
| schestowitz | Likewise Article 9 of the PPI has no provision corresponding to Article 10.3: | Nov 28 05:55 |
| schestowitz | “No State Party is obliged to extend the privileges referred to in paragraph 2 to its own nationals or to a person who immediately prior to the employment by the Court was a resident of that State Party.” | Nov 28 05:55 |
| schestowitz | Thus an ordinary staff member of a UPC branch who is a citizen or prior resident of the state where that UPC branch is located could in principle be subjected to national income tax under Article 10.3 PPI. | Nov 28 05:55 |
| schestowitz | Judges and registrars in the same circumstances would however be exempt under Article 9. | Nov 28 05:56 |
| schestowitz | It is quite clear from the PPI that, in relation to taxation matters, UPC judges and registrars have been granted significant additional “privileges” over and above the common “staff”. | Nov 28 05:56 |
| schestowitz | Kay | Nov 28 05:56 |
| schestowitz | NOVEMBER 25, 2022 AT 11:11 PM | Nov 28 05:56 |
| schestowitz | “provides the legal basis for facilitating the exchange of data between the EPO’s European Patent Register and the UPC’s Register,” | Nov 28 05:56 |
| schestowitz | How so? | Nov 28 05:56 |
| schestowitz | The legal basis for the two organisations are the EPC and the UPC. How can any “exchange data agreement” provide a “legal basis”? | Nov 28 05:56 |
| schestowitz | Ah well, photo OP PR time, I presume. | Nov 28 05:56 |
| schestowitz | -Kay | Nov 28 05:56 |
| schestowitz | " | Nov 28 05:56 |
| schestowitz | <li> | Nov 28 05:58 |
| schestowitz | <h5><a href="https://blog.arduino.cc/2022/11/27/wesley-kagans-porschekart-project-returns-with-a-new-arduino-powered-f1-steering-wheel/">Wesley Kagan’s PorscheKart project returns with a new Arduino-powered F1 steering wheel</a></h5> | Nov 28 05:58 |
| -TechBytesBot/#techbytes-blog.arduino.cc | Wesley Kagan’s PorscheKart project returns with a new Arduino-powered F1 steering wheel | Arduino Blog | Nov 28 05:58 | |
| schestowitz | <blockquote> | Nov 28 05:58 |
| schestowitz | <p>The base of the wheel was formed from a laser-cut sheet of aluminum while the surrounding grips were painstakingly 3D-printed out of TPU filament. For the electronics, Kagan decided to use a pair of Arduino Micros, which were split between handling button inputs and driving the display, while an Arduino Mega 2560 gathers sensor data and sends it as a string to the two boards. Because of the limited number | Nov 28 05:58 |
| schestowitz | of pins, he wired each of the three rotary switches’ output pins to a differently valued resistor, thereby letting the analog input on the Micro know which position is selected by the incoming voltage.</p> | Nov 28 05:58 |
| schestowitz | </blockquote> | Nov 28 05:58 |
| schestowitz | </li> | Nov 28 05:58 |
| schestowitz | x https://www.r-bloggers.com/2022/11/learning-excel-as-an-r-user/ | Nov 28 06:13 |
| -TechBytesBot/#techbytes-Learning Excel as an R user | R-bloggers | Nov 28 06:13 | |
| schestowitz | # fails to even mention libreoffice or calligra | Nov 28 06:13 |
| schestowitz | <li> | Nov 28 06:23 |
| schestowitz | <h5><a href="https://walledculture.org/digital-books-do-wear-out-just-like-digital-music-digital-films-and-video-games/">Digital books do wear out – just like digital music, digital films and video games</a></h5> | Nov 28 06:23 |
| -TechBytesBot/#techbytes-Empty reply from server ( status 0 @ https://walledculture.org/digital-books-do-wear-out-just-like-digital-music-digital-films-and-video-games/ ) | Nov 28 06:23 | |
| schestowitz | <blockquote> | Nov 28 06:23 |
| schestowitz | <p>Of course, ebooks are not the only digital artefacts subject to the problems pointed out by Brewster. Digital music and digital films also wear out in the sense that formats change and the media they are stored on must be replaced as technology progresses. It also applies to the world of video games – a cultural area often overlooked. Moreover, video games – like ebooks – are typically locked up using | Nov 28 06:23 |
| schestowitz | Digital Rights [sic] Management (DRM), which adds a further challenge to preserving them: it’s generally against the law to circumvent that DRM, even for purposes of making backups or changing its formatting.</p> | Nov 28 06:23 |
| schestowitz | </blockquote> | Nov 28 06:23 |
| schestowitz | </li> | Nov 28 06:23 |
| schestowitz | > If you have time, i asked David Martin (who predicted the 2008 crash at | Nov 28 06:48 |
| schestowitz | > eupaco in 2007) where he said that Germany is Always protecting the EPO, | Nov 28 06:48 |
| schestowitz | > he said there is a record in 2003 with the danish présidency. I asked | Nov 28 06:49 |
| schestowitz | > him for a link, still no reply. | Nov 28 06:49 |
| schestowitz | > | Nov 28 06:49 |
| schestowitz | > I suspect Karlsruhe to also protect the patent system, that's why their | Nov 28 06:49 |
| schestowitz | > décisions are 'political'. | Nov 28 06:49 |
| schestowitz | > | Nov 28 06:49 |
| schestowitz | > Now it's pretty clear Karlsruhe found an excuse not to escalate to CJEU, | Nov 28 06:49 |
| schestowitz | > because the lobby behind controls the ministry of justice and want the | Nov 28 06:49 |
| schestowitz | > UPC desperately into force. | Nov 28 06:49 |
| schestowitz | > | Nov 28 06:49 |
| schestowitz | > We have received other troubling news, that i cannot share for the | Nov 28 06:49 |
| schestowitz | > moment with you, but December is gonna be critical. | Nov 28 06:49 |
| schestowitz | OK, so the help you need is more coverage of UPC? | Nov 28 06:49 |
| schestowitz | > Hi Roy, | Nov 28 10:41 |
| schestowitz | > Thanks so much for sharing your email address. I work for | Nov 28 10:41 |
| schestowitz | > Wirtschaftswoche, Germany’s largest | Nov 28 10:41 |
| schestowitz | Yes, I am aware. Wirtschaftswoche did good investigative work about the EPO (in the distant past). | Nov 28 10:41 |
| schestowitz | > In your posts you mention talking to politicians about the conflict of | Nov 28 10:41 |
| schestowitz | > interest with technical judges at the UPC. Who is particularly outspoken | Nov 28 10:42 |
| schestowitz | > about it? Would be great if it was someone from Germany… | Nov 28 10:42 |
| schestowitz | I suggest you speak to MEP Breyer | Nov 28 10:42 |
| schestowitz | > Also, you mention a lobby behind UPC. Who is behind that? | Nov 28 10:42 |
| schestowitz | The government of Germany, large multinational laws firms, and their biggest clients (international companies) that stand to benefit from litigation, monopoly, and insourcing the EU's legal process to Germany. They not only crafted the UPC but also wish to make it the law. This, in turns, harms the EU's reputation. I can provide links. | Nov 28 10:42 |
| schestowitz | > What do you make of Judge Grabinskis announcement that they might come | Nov 28 10:42 |
| schestowitz | > up with a set of rules around conflicts of interest? Can that be sufficient? | Nov 28 10:42 |
| schestowitz | He is himself part of the conflicts of interest. I'd not put much weight on what he says because the ministry he fronted for covered up EPO scandals. I can provide URLs. | Nov 28 10:42 |
| schestowitz | > Thanks so much, | Nov 28 10:42 |
| schestowitz | https://mobile.twitter.com/zoobab/status/1596861334590660610 | Nov 28 10:43 |
| -TechBytesBot/#techbytes- ( status 400 @ https://mobile.twitter.com/zoobab/status/1596861334590660610 ) | Nov 28 10:43 | |
| schestowitz | "Special glasses invented by Thierry Breton and other patent maximalists to read the CJEU jurisprudence on what is a 'common court' https://ffii.org/unified-patent-court-wont-survive-a-legal-challenge-at-the-european-court-of-justice-says-dr-thomas-jaeger/" | Nov 28 10:43 |
| -TechBytesBot/#techbytes-ffii.org | Unified Patent Court is a fake Common Court and violates CJEU’s jurisprudence of the last 10 years, will explode at launch, says Pr Jaeger | FFII | Nov 28 10:43 | |
| schestowitz | > Call me over noon pause bxl Time i Can explain you. | Nov 28 10:44 |
| schestowitz | > Call me over noon pause bxl Time i Can explain you. | Nov 28 10:45 |
| schestowitz | > My deadline is tomorrow. | Nov 28 10:45 |
| schestowitz | > I don't have mumble. | Nov 28 12:07 |
| schestowitz | > | Nov 28 12:07 |
| schestowitz | > Just tweeted about it. | Nov 28 12:07 |
| schestowitz | Twitter is a waste of time. All social control media is a waste of time. | Nov 28 12:07 |
| schestowitz | I hope FFII will issue more press releases. It's a lot work, but has far more impact for long periods of time. | Nov 28 12:07 |
| schestowitz | I'm talking to some german media and politicians about UPC. There will be a detailed article in German soon. Big paper. | Nov 28 12:07 |
| schestowitz | > Let me check if i can install it. | Nov 28 12:08 |
| schestowitz | That would help. My phone line provider rips me off so badly for any international call. | Nov 28 12:08 |
| schestowitz | > Let me check if i can install it. | Nov 28 12:08 |
| schestowitz | That would help. My phone line provider rips me off so badly for any international call. | Nov 28 12:08 |
| schestowitz | > I have telegram as well | Nov 28 12:08 |
| schestowitz | telegram is not self-hosted. | Nov 28 12:08 |
| schestowitz | > Thank you so much, Roy. | Nov 28 12:14 |
| schestowitz | > | Nov 28 12:14 |
| schestowitz | > It would be great if you could send me links to both the lobby question, as well as Grabinski. | Nov 28 12:14 |
| schestowitz | > | Nov 28 12:14 |
| schestowitz | > Is there a politician in a more established party who is critical, too? | Nov 28 12:14 |
| schestowitz | Last year I spoke to Merkel's coalition, but it's "in bed" with the lobby and didn't even want to 'bother' the EPO after it broke the law and also SLAPPed me (for publishing facts). | Nov 28 12:14 |
| schestowitz | Linking to one's own writings is considered "self-promotion", so I will instead refer you to: https://www.stjerna.de/restart/?lang=en | Nov 28 12:15 |
| schestowitz | I hope this is concise enough an explanation. Let me know if you need more. | Nov 28 12:15 |
| -TechBytesBot/#techbytes-www.stjerna.de | Dr. Ingve Björn Stjerna, LL.M. | EU Patent Reform: Status of the UPCA ratification proceedings in Germany (12/12/2016, latest update on 11/12/2020) | Nov 28 12:15 | |
| schestowitz | I wrote nearly 5000 posts/articles about the EPO and UPC: http://techrights.org/wiki/EPO | Nov 28 12:15 |
| -TechBytesBot/#techbytes-techrights.org | EPO - Techrights | Nov 28 12:15 | |
| schestowitz | Of relevance is this 20-part series: http://techrights.org/2021/04/16/bundestagate-part-20/ | Nov 28 12:15 |
| schestowitz | Kind regards, | Nov 28 12:15 |
| -TechBytesBot/#techbytes-techrights.org | EPOLeaks on Misleading the Bundestag — Part 20: Taking Stock | Techrights | Nov 28 12:15 | |
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| schestowitz | > Is there an android app for it? | Nov 28 16:33 |
| schestowitz | yes, "mumla" | Nov 28 16:33 |
| schestowitz | https://www.fosslife.org/rocky-linux-91-released | Nov 28 17:05 |
| -TechBytesBot/#techbytes-www.fosslife.org | Rocky Linux 9.1 Released | Nov 28 17:05 | |
| schestowitz | " | Nov 28 17:05 |
| schestowitz | The RESF has released Rocky Linux 9.1, available for the x86-64, aarch64, ppc64le, and s390x architectures. This latest version features updated developer tools as well as an open source, scalable trust system called Keylime, reports Bobby Borisov. | Nov 28 17:05 |
| schestowitz | “The big news in Rocky Linux 9.1 is the inclusion of Keylime — a highly scalable remote boot attestation and runtime integrity measurement tool, Borisov says. Keylime allows users to “monitor remote nodes using a hardware-based cryptographic root of trust.” | Nov 28 17:05 |
| schestowitz | Read more at Linuxiac. | Nov 28 17:05 |
| schestowitz | " | Nov 28 17:05 |
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