Bonum Certa Men Certa

New Paper Explains Why UPC Ratification Efforts Have Been Just About as Corrupt as EPO Under Battistelli

Related: Guest Post: Is Germany's UPC Ratification Postponement Related to Problems at the€  EPO?

"When asked by Ars, the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

--Dr. Glyn Moody



Ingve Stjerna paper



Summary: Yesterday, Dr. Ingve Björn Stjerna revealed serious Constitutional issues with the campaign for the Unified Patent Court, which resembles an aggressive Battistelli-esque coup, not a democratic process by any stretch of imagination

THE latest whitepaper from Ingve Björn Stjerna is out. It was published yesterday and several readers have already told us about it. This serves to reaffirm some of the things we wrote earlier this summer, in particular what we wrote about the anonymous complaint (probably anonymous for fear of personal attacks and more underhanded tactics by Team UPC).



“...it's highly similar if not identical in other countries, where UPC 'watchers' are simply absent and thus, owing to darkness (lack of transparency), Team UPC and its ilk can make progress in the shadows (behind closed doors and with zero participation from the public).”
We have a similar situation elsewhere, albeit no Constitutional complaints, at least not yet. Yes, it's highly similar if not identical in other countries, where UPC 'watchers' are simply absent and thus, owing to darkness (lack of transparency), Team UPC and its ilk can make progress in the shadows (behind closed doors and with zero participation from the public). As we noted here before, this is definitely what's happening in the UK.

Every week we find new evidence of lawlessness that has spread well outside the EPO, e.g. to ILO, to European authorities, and much further.

We have basically sunk to state of disarray, where those who are rich and powerful want to get their way no matter what, irrespective of what's actually legal. EPO workers will know the feeling...

“The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen.”
      --Ingve Björn Stjerna
"A new article by Ingve Stjerna," one reader told us, discusses the "The Parliamentary UPCA ratification proceedings in Germany" and the summary/abstract from the 9-page paper in English [PDF] says this: "The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen. It shows the extensively used practice of so-called “second class adoptions” in which legislative decisions are made by a materially inquorate Parliament, because nobody raises the objection necessary for the annulment of the session. It was in this manner that the legislative acts on the UPCA were unanimously adopted by 35 cheerful Members of Parliament (“MPs”) in the second and third reading in the early morning hours on 10/03/2017. Five further unanimous decisions add to this picture. After the vote, all groups represented in the German Parliament denied providing the names of the participating MPs, three of four contacted MPs also rejected talking about the matter. A report on German law-making in the year 2017, in which the institutions involved could not care less about the German Constitution."

The paper/article begins with lots of references to German law (legalese, numbers and procedure names). It then comes to the point about a nefarious vote at 1:30 AM. Concealing of the voters’ names turns out to have ensued! To quote: "Even more remarkable experiences ensue for those trying to find out the participants of the vote on 10/03/2017 from the Parliamentary groups. At the end of April 2017, I sent the following request to all four Parliamentary groups of the current Bundestag (translation from German): "On the early morning of 10/03/2017, the German Bundestag has discussed the Act on the Agreement of 19 February 2013 on a Unified Patent Court (BT printed matter 18/11137) in its second and third reading and has unanimously approved it. This session at 1:30 a.m. was attended by approx. 35 MPs. [about 5% of the total] Could you please let me know which MPs from your Parliamentary group participated in said vote?”"

“This session at 1:30 a.m. was attended by approx. 35 MPs.”
      --Ingve Björn Stjerna
Here is the reply he got: “Please understand that I am unable to provide to you the names of the MPs who have participated in the vote."

And then it says: "I had assumed that the decision for what there is “a reason” is made by the citizen in his enquiry, but apparently that was a misunderstanding. Particularly in case of a pitiful attendance of only 35 MPs, the TV recording covers all participating persons without a problem. According to the CDU/CSU group, the right of the public to know the participants of a vote is nonetheless limited to roll-call votes, no such right exists beyond. It is unknown why they are eager to keep the names of the attending MPs a secret. [...] Of course, in case of a public session the secrecy apparently desired by all Parliamentary groups ultimately cannot be secured which makes this attitude all the more surprising. Especially in cases with only a few MPs attending as presently, those willing to invest the necessary time will mostly be able to achieve a clear identification by comparing the TV recording with the MP profiles on the Parliament website. The 35 MPs unanimously voting in favor of the draft Ratification Act and the draft Implementation Act on 10/03/2107 seem to have been the following..."

“It is unknown why they are eager to keep the names of the attending MPs a secret.”
      --Ingve Björn Stjerna
He finally gives list of names (inferred from the video) and notes that "17 of these 35 MPs are members of the RA-BT which led the the deliberations on the drafts, 12 are lawyers. It seems that the RA-BT has not only been in charge of deliberating the drafts, but also of the adoption decisions in Parliament."

Maybe that's why they wanted their identities to remain an enigma.

He continues: "In the middle of May 2017, after the Parliamentary groups had denied any information on the participants in the vote, I asked the respective MPs of these groups responsible for Düsseldorf as my place of residence for a personal meeting during their “citizen’s consultations” in order to find out about the reasons for the secrecy."

He notes that people voted on something they did not even understand or were grossly misled on. To quote: "As regards the decision-making in Parliament on 10/03/2017, speeches were put on file, especially by the rapporteurs of the Parliamentary groups, which again demonstrate a striking lack of knowledge about the topic in question."

Then there's the "SMEs" theme of lies. UPC-like regimes would harm SMEs, but law firms that claim to speak 'on behalf' of SMEs keep lying about it to the media (sometimes to SMEs also). To quote: "As is known, small and medium-sized enterprises (“SMEs”) are given said “substantial discount” – when fulfilling the respective conditions – only on the court costs at the Unified Patent Court (“UPC”). These, however, by and large correspond to the court costs of respective German proceedings, making them a much smaller problem than the reimbursable representation costs."

“Particular attention should be paid to the comments on abolishing the national patent system.”
      --Ingve Björn Stjerna
Regarding the people involved: "The task of the European Patent Office is apparently unknown to him."

Well, few of them know or care. That's why the EPO has managed to get away with some serious violations of German law, for example. Quoting further: "The speeches once again demonstrate that none of the persons involved has even the faintest realistic understanding of the contents of the patent reform. The high costs are qualified as a necessary evil and are willingly accepted, while, sometimes in the same breath, it is alleged that the reform would lower costs and lend support to SMEs. Particular attention should be paid to the comments on abolishing the national patent system. Still in the EU legislative proceedings it had been underlined that the reform meant to strengthen the users’ freedom of choice."

Well, mentioned then is Klaus-Heiner Lehne, whom we wrote about half a decade ago [1, 2, 3, 4]. The man is a total sham and it disgraces the entire system; we have not heard of him since, so maybe he tactfully retreated after whatever he had done (only to get caught).

“Those recklessly pushing a project like the patent reform regardless of any obvious legal risks and without their proper assessment as if there was no tomorrow, as it has now happened repeatedly, are willingly accepting that precisely the latter might at some time become a reality – for the legislative project.”
      --Ingve Björn Stjerna
"Against this background," concludes the paper, "it does not come as a surprise that different references to possible risks from Constitutional law have been ignored by the operators, although in case of a transfer of sovereignty rights the settled case law of the BVerfG requires all constitutional bodies, authorities and courts to ensure that the respective requirements of the Grundgesetz are met. Apparently, not much regard has been paid to this despite the “reminder” in Art. 84(2) UPCA, demanding a ratification “in accordance with the respective constitutional requirements of the Member States”, in order to be able to enact the reform as quickly as possible. Those recklessly pushing a project like the patent reform regardless of any obvious legal risks and without their proper assessment as if there was no tomorrow, as it has now happened repeatedly, are willingly accepting that precisely the latter might at some time become a reality – for the legislative project."

For the sake of readers from Germany, the same paper is available in German and we encourage readers to have a look and gain insight into the likely basis of this now-famous complaint rather than speculate based on deliberate lies from Team UPC. This is European democracy besieged by "special interests" (to put it politely). This is why we fought this thing for nearly a decade; Ingve Björn Stjerna published books on the subject.

Recent Techrights' Posts

Rust's "Memory Safety" Talking Point Ought to be Discarded in Light of Fil-C
new memory-safe C/C++ compiler
IBM May Well Be Laying Off Over 13,500 and Up to 27,000 Staff This Week When It Says "Single-Digit Percentage of Our Global Workforce"
It's not yet possible to know how many people IBM gets rid of
Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
How Techrights Search Works
Hopefully bots won't use it
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
 
The Corporate Media Carries on With Patently Phony and Misleading Narrative About IBM's Mass Layoffs
Instead of rightly alleging business failure or commercial (leadership's) weakness it is offloading blame to some mindless buzzwords
IBM Isn't Hiring Based on Age Groups. It Still Hires Based on Salary Expectations.
It is not about the skills available, it's about the expected cost of labour
Estimating the Scale of IBM's Mass Layoffs This Week
there is no denying that the IBM layoffs are vast
Telling Our Story as Victims of Online Abuse
This post will not mention any names
Claim That EPO Quotas Brought Corruption and Mischief to Europe's Second-Largest Institution
Nowadays corruption is the norm at the EPO and there is even rampant substance abuse among the people who run the Office
Claim That IBM Has Another 8 Days to Lay Off 'Expensive' Staff
The consensus in comments we see is, IBM is a terrible place to work in, treatment of its workers is appalling, it's utterly foolish to relocate in an effort to retain a job at IBM, and it's foolish to join the company in the first place
Science Demands Facts, Not Dogma
Saying that restricted hardware is not secure hardware should be common sense
Site Anniversary is Tomorrow
The celebrations might delay our EPO series somewhat
Launching Techrights Search
New search interface and locally hosted back end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 05, 2025
IRC logs for Wednesday, November 05, 2025
Slopwatch: linuxbsdos.com, Linux Journal, LinuxSecurity, Brian Fagioli, and WebProNews
Either Google doesn't care about the integrity of Google News or it deems slop to be acceptable
Gemini Links 05/11/2025: Affirmation, GnuPG, and While Loops
Links for the day
Links 05/11/2025: Economic Trouble in France and US Bombing All Over the World Without Declaration of War or Congress Approving
Links for the day
Red Hat Staff Also Impacted by Latest IBM Layoffs With Focus on North America and Software, Infrastructure
After the bluewashing never expect to see news about "Red Hat layoffs", just as "Tivoli layoffs" aren't to be expected
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat