Bonum Certa Men Certa

The European Council Confirms That the Unitary/Unified Patent Court Agreement (UPCA) is “Outside the Legal Framework of the European Union”

Another unaccountable authority to be pursued?

Siegfried Broß
Image courtesy: campact.de



Summary: The vision of the Unitary Patent looks a lot like another Battistelli-type regime rather than a court of justice

THE MANAGEMENT of the EPO did some UPC spin with former (until very recently) IP Kat authors. The EPO and others close to Team UPC then boosted this spin; it goes something along the lines of "Britain remains part of the EPC after Brexit and thus UPC is all fine and dandy for the UK to ratify," even though the UPC is neither necessary nor desirable for the UK. This spin came from no-one other than Battistelli, who according to rumours wants (or wanted) to be the UPC's chief.

"The management of the EPO did some UPC spin with former (until very recently) IP Kat authors."Siegfried Broß (pictured above), who repeatedly explained the issues with the UPC, is back as a discussion topic after an IP Kat comment (mentioned here before) which SUEPO has just/must have noticed, adding that "[a]n article and a lecture by Prof. Dr. Siegfried Broß, former judge at the German Federal Constitutional Court of Karlsruhe."

SUEPO made copies and added: "Both documents incidentally also deal with the employment situation of staff members of international organisations."

One of our readers has meanwhile explained another reason to shun the UPC:




The MEP Pascal Arimont submitted a question for written answer to the European Council on 9 February 2017.

"The EPO and others close to Team UPC then boosted this spin..."Mr. Arimont (Wikipedia has information in English) is a Belgian MEP for the Christian Social Party, which sits in the EPP Group in the European Parliament.

"I would go easy on him," said a reader from Belgium. "As member of the central-right European People’s Party, he can can flip in any direction at any moment."

The European Council is the institution of the EU that comprises the heads of state or government of the member states, along with the President of the European Council and the President of the European Commission.

Arimont's question was a follow-up to an earlier question about the UPC. This time he specifically asked the following: "What is the Council doing to ensure that the agreement on a unified patent court is finally ratified by a sufficient number of participant States? — From what date is the new European patent system due to be in operation in its entirety?"

"This spin came from no-one other than Battistelli, who according to rumours wants (or wanted) to be the UPC's chief."The answer which came from the Council on 2 May 2017 is interesting because it confirms that the Unitary Patent Court Agreement (UPCA) is "an international agreement - concluded outside the legal framework of the European Union - which is subject to ratification by those Member States which are parties to it."

So from a legal perspective the UPCA is outside the framework of the EU. It's an "international agreement" much like the European Patent Convention. Although the agreement is concluded among EU states, the EU doesn't seem to have any effective control over the court which it establishes and the agreement seems destined to create another legal "black hole" on the international stage.

Recent Techrights' Posts

Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
 
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025