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

Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
 
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day
Links 20/08/2026: 'Linux' Foundation Promoting Slop Hype for Money (Hype as a Service), Malaysia’s Exports Jump 38% Year-on-Year
Links for the day
Gemini Links 20/08/2026: A "Break From Routine" and "Modem Was the Problem"
Links for the day
Clownflare Reckons GNU/Linux is on Almost 1 in 10 Laptops/Desktops in Western Europe
Western Europe and China are leaving more of GAFAM behind them
Looking Ahead at September
Rianne and I look forward to a productive September
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026