Bonum Certa Men Certa

Team UPC Suggested Changing Constitutions to Facilitate the Unconstitutional UPC. It Didn't Go Well...

These arrogant suggestions from Team UPC merely serve to discredit its psyche

An unconstitutional constitution? A comparative perspective
Reference: An unconstitutional constitution? A comparative perspective



Summary: With European constitutions under the microscope, it's becoming clearer that the Unified Patent Court (UPC) is simply unconstitutional and needs to be buried; but spinners from Team UPC would have us believe that no such issues exist and UPC is just around the corner

Team UPC -- like Team Battistelli (EPO leadership) -- does not understand notions such as the "Rule of Law". We already saw how it deals with constitutional challenges, either bullying courts or discrediting their discretion. With a 12 to 2 majority, Hungary decided that UPC is unconstitutional; other countries did not even check, albeit Germany is belatedly checking. As Benjamin Henrion (FFII) put it yesterday: "Let's ask the French and UK courts if they agree with the Hungarian analysis then." It's still possible. It's never too late. To us it has always been clear that UPC is unconstitutional virtually everywhere, not just Hungary and Germany. "If the Hungarian Constitutional Court is right," Henrion added, "someone should file the same question in Court in UK and FR..."

Why not go further? Dozens of countries deserve a constitutional challenge (reality check). Remember what happened at 2 AM at night in Germany. It's pretty incredible and it's worthy of the term "political corruption". Every nation deserves a good look at the machinations (Battistelli and his thugs, along with the likes of Bristows, pulling strings behind the scenes); UPC is dead enough as it is, but the public deserves an explanation for all that has happened.

"This is just one among many obstacles that Team UPC keeps trying to deny, belittle, or simply brush under some rug."The UPC-sympathetic (based on past writings) Eibhlin Vardy is trying to make the UPC sound inevitable by echoing the usual two (now-infamous) lies which are repeated by Team UPC and Battistelli. From yesterday's post by Vardy: "The Hungarian decision (unlike Brexit or the on-going German complaint) will not formally delay the entry into force of the UPCA, but it will most likely delay (or terminate) Hungary's participation in the UPC system."

No, no, no...

First of all, it's not delay that's at stake. Where does one begin tackling such loaded statements? And this isn't about whether Hungary participates but whether the UPC ever exists at all. In any form. This is just one among many obstacles that Team UPC keeps trying to deny, belittle, or simply brush under some rug. It's despicable and hard to even fathom the thought that some people pay a lot of money for these lawyers to give legal 'advice'.

"Shows how bizarre it was that Brexit Britain ratified, in my humble opinion," one commenter said. Most of the above is based on Peter Ling, who we suppose either understands Hungarian or was told something by someone (not a reliable translation). "In a 12 to 2 majority decision published on 29 June 2018," it says, "the Constitutional Court answered this question in the negative. In short, the Court considered that the transfer, in the framework of an enhanced cooperation among EU Member States, of exclusive jurisdiction on certain civil lawsuits to an international institution not explicitly foreseen by the EU treaties, deprives such lawsuits from any constitutional review under the Fundamental Law and therefore is incompatible with the Fundamental Law. Although this may sound like a purely national constitutional issue without much specific relevance to the UPCA itself, some aspects of the Court’s reasoning point to issues that are potentially relevant beyond Hungary."

For obvious reasons. And as usual, with IP Kat at least, comments nowadays are a lot better than posts (usually written by people with personal stakes in UPC). To quote an early comment:

(1) Isn't the training centre for UPC judges located in Hungary? So its non-participation in the system would be an embarrassment to say the least.

(2) CIPA and others have proposed that the UPC Agreement should be amended to allow the continued participation of the UK as a non-EU state. That would surely confirm the view of the Hungarian court that the UPC Agreement is not EU law and make similar constitutional challenges more likely in other countries.


The next one connects this to EPO abuses/corruption:

Let us just step back for a minute and consider the possible implications of the constitutional deficits of the UPC. As I have previously commented elsewhere, a couple of thought experiments help to exemplify the magnitude of the deficits.

Firstly, what would happen if the President of the UPC (Court of Appeal) were to (attempt to) interfere with the independence of the judiciary of the UPC?

Secondly, what would happen if the President of the UPC were to pursue a vindictive campaign to remove an “irksome” judge of the UPC?

What could be done to prevent such troubling events from occurring, or to deal with them if they do occur? What recourse would the UPC judges have?

If the EPO is taken as an exemplar of an international organisation having a “judicial” function, the answer to all of the above questions is clearly “very little”.

Do the above-mentioned deficits therefore make the UPC an organisation that is particularly prone to “capture” by malicious actors? Compared to the status quo (where there are numerous national courts, each subject to and constrained by both national and EU laws), my view is that the answer to this question is a clear “yes”.

Personally, I believe that such questions ought to be given very serious consideration by the Participating Member States, and that amendments to constitutions (which is no small thing!) ought to only be contemplated if it can be concluded that the set-up of the UPC provides adequate safeguards, checks and balances.


"The solution to this is not that a dozen of countries amend their constitutions to include LESS judicial rights," said the following comment.

Please also note that it was not so difficult to foresse that including exclusively domestic issues within the exclusive jurisdiction of the UPC could be a problem serious problem, unless UPC complies with the highest stardards regarding judicial, consititutional and HR guarantees. And it is clear that this is NOT the case.

To say the least: no instrument to referral/review to national Supreme Courts (while applying national law), no set of fundamental rights expressed in writing nor jurisdiction of any external court to review them, no ECHR review jurisdiction, no constitutional right is recognised, no judicial control of the UPC director, no labour rights for the workers of the UPC.

Of course potential claimants are very happy with this. But it is not only unfair: it is an extremely dangerous source of inestability which should be corrected BEFORE the UPC enters into force.

The solution to this is not that a dozen of countries amend their constitutions to include LESS judicial rights.


That last remark alludes to utterly ludicrous suggestions from Team UPC, which patently believes that it's above the law.

And from another thread (about British law and the EPO):

I fear in the UK v EPO rivalry the EPO is dominant with the UK grudgingly following. I am sure the EPO will seldom pay any attention to UK decisions, and so in that sense it is more a Master-Slave dialectic (https://en.wikipedia.org/wiki/Master%E2%80%93slave_dialectic) or worse.

Whilst UK decisions are interestingly written, they have less and less influence in a world where rising to the top of one's regional power block is more important than one's ingenuity.


The EPO has an issue because lawlessness prevails there; do countries wish to hand over their legal sovereignty to an unaccountable and corrupt bureaucracy where lawlessness has become the norm? Where dissent is met with defamation, calling the dissenting voices "Nazis"?

"...Campinos reaffirms the widely-held belief (even inside the Office) that he's just an "orange President" who 'softens' the image of Team Battistelli."We have thus far seen absolutely nothing which suggests António Campinos will fix things. "Cooperation and dialogue" Kluwer Patent Blog said yesterday, quoting/citing some blog post from Campinos, who only a day earlier lobbied for the unconstitutional UPC, yielding a highly-misleading (i.e. the usual) press release from the EPO. To quote Kluwer Patent Blog:

After only four days in office, it is hard to tell whether Campinos will bring change at the EPO after the controversial years of Benoit Battistelli’s leadership, which led to enormous social problems. But his announcement that ‘staff engagement is among my top priorities’, and his personal message to all staff members certainly seem positive steps. A first real test will likely be his handling of the cases of three SUEPO leaders, whose dismissals and downgrading were reversed last week by the Administrative Tribunal of the ILO, as well as the case of the Irish judge Patrick Corcoran.

Striking is Campinos’ focus on effectiveness, rather than efficiency, which could be a sign that the new EPO president is aware of complaints from users that the enormous increase in productivity under Battistelli has led to a decline of, or threatens patent quality at the EPO.

Remarkable, furthermore, is that his predecessor isn’t mentioned in Campinos’ message. And an almost revolutionary change is at the bottom, contrary to the blogposts of Benoit Battistelli and perhaps the most significant sign of change: Campinos has apparently decided that his contributions will be open for comments.


Well, maybe with moderation enabled or maybe he doesn't yet know how to use the CMS (unless someone does the posting on his behalf). Either way, the way things stand, Campinos has solved absolutely no issues in his first week in Office. If anything, contrary to what Kluwer Patent Blog wishes to believes, Campinos reaffirms the widely-held belief (even inside the Office) that he's just an "orange President" who 'softens' the image of Team Battistelli.

Recent Techrights' Posts

EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
 
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026