Bonum Certa Men Certa

Dr. Siegfried Broß Says UPC is in Constitutional and Democratic Grey Area, Abuses at the European Patent Office Contribute to That

Judge Broß has been writing lengthy articles on the subject

Bross article page



Summary: Warnings about the inherent problems with the Unified Patent Court (UPC) are stressed amid Constitutional complaints/backlash in Germany -- almost certainly a fatal blow to "unitary" anything any time soon

LESS than a month ago (28th of November, 2017) there was a ceremony of the firm Cohausz & Florack in Munich. At the opening of the event there was a speech which has just been mentioned by UPC boosters like Christopher Weber and then FFII. UPC is mentioned about 3 dozen times and for preservation purposes (these things tend to vanish years down the line) we've made a copy of the translation (the copyright is the speaker's). The FFII picked this paragraph from pages 16-17: "If we now look more closely at the Unified Patent Court, we need to consider the following issues individually. To start with, we need to point out that the planned Agreement on the Unified Patent Court within the EU is destined not to succeed from the outset because it is predated by quite fundamental misconceptions. This agreement does not cover patent law per se, but rather the patents granted in accordance with the European Patent Convention. At first look, there may be nothing to objectionable about this. However, if we consider the constellation professionally and objectively with some critical distance, we notice that the Agreement is only intended to afford judicial protection within the EU if a patent application was successful in accordance with the European Patent Convention. Conversely, no access to the EU’s Unified Patent Court is intended for failed applicants in proceedings before the European Patent Office. This finding throws up various questions and casts the whole project into a constitutional and democratic grey area."



There are many more things in these pages (especially the second half) which slam the UPC as a concept. Not entirely surprising, especially given the speaker. There are serious violations of the law and the principles of law at the very heart of the EPO. Broß spoke and wrote about these issues many times before (in journals, news sites, television and more).

Speaking of these violations, check out the last comment in IP Kat. Having written about whistleblowing for nearly a decade, I know that Judge Corcoran's speech is protected and moreover, what he said wasn't so different from what a lot of EPO staff was saying (and circulating) at the time. Battistelli and his Croatian bulldog just needed a convenient scapegoat at the time -- someone whose life they can destroy to scare all the rest.

On your first reason, if public comments amount to a disciplinary offence, then the fact that they are pseudonymous doesn't change that. The issue is what the comments say, not whether the public can identify who made them.

On your second reason, whistleblowing may sometimes be justified to expose serious wrongdoings in the public interest, but pseudonymous comments on the internet would not be the right way to go about it.

Where someone has serious allegations and evidence to back them up, but there is effectively no internal channel, it may be justified to take them to a reputable investigative journalist. Such a journalist would check the facts before publication, and protect the source. A report in a reputable newspaper would consequently be much more believable and much more likely to achieve results.

While I've not seen the comments made in the present case, the pseudonymous nature and absence of independent checking would make it difficult to determine whether they were justified by hard evidence. Or were they merely repeating allegations made elsewhere and stating opinions? Or possibly a mixture of all these?


Just remember that, as we wrote on Thursday morning, the Corcoran affair serves to show that at the EPO the criminals try to criminalise those who speak about their crimes. A system so chronically incapable of introspection would be characteristic of small dictatorships in Africa, certainly not Bavaria.

Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024