Bonum Certa Men Certa

Taylor Wessing's Latest UPC Spin: No More/Additional Complaints Against UPC Lodged

None are necessary. As if any more need to be filed and assessed...

The deadlock on the unified patent convention



Summary: Now that the UPC is dead in the water (having drowned in the FCC) the UPC hopefuls who belittle it as merely a "deadlock" look for new angles or novel types of spin to make the UPC seem or feel sort of invulnerable to criticism and constitutional challenges (false statement or spin at best)

THE European Patent Office (EPO) may never see courts that are receptive or lenient towards millions of fake European Patents.



The Trojan horse for software patents in Europe (among other things) is up in flames. Benoît Battistelli cheated and lied his way, rumours say in order to become chief of this thing. António Campinos has already lied about it several times since the FCC's decision, which says a lot about Mr. Campinos. Another liar and wannabe king. His father would have certainly disapproved if he was still alive...

"Team UPC remains vastly irrational and too optimistic about something which is clearly dead and hopeless."Some people are still in denial about the fall of the UPC, a sordid mess, despite ample evidence. Maybe they also believe that Elvis is in hiding somewhere, maybe in a bunker somewhere in Argentina along with Adolf Hitler's secret children. Whatever it is, we're dealing with mostly delusional people here.

Well, earlier this month, a whole month and a half later, Taylor Wessing's Anja Lunze published this piece, soon to be promoted through Lexology for extra visibility/reach. We examined it very quickly (the headline itself underestimates the severity of things) and determined that Lunze (Munich-based litigation 'industry') is wrong in various places. Team UPC remains vastly irrational and too optimistic about something which is clearly dead and hopeless. Here's the final part, singled out for details (there's more spin and errors elsewhere):

IV. Points left open - no possibility of a new constitutional complaint

With regard to the further future of the UPCA, it should be emphasised that the Federal Constitutional Court in para. 166 leaves it open whether the establishment of an unconditional primacy of Union law in Art. 20 UPCA violates Art. 20 I and II in conjunction with Art. 79 III of the Basic Law, because the nullity of the Act of Approval already results from other reasons.

This is a major uncertainty for the future. However, a constitutional complaint cannot be lodged again on this issue. Such a complaint always requires that the complainant himself is directly affected by the act of state sovereignty. As long as the Bundestag observes the formal requirements, in particular the requirement of a two-thirds majority, there is no violation of fundamental rights and thus no direct concern of the individual. Therefore, even after the most recent decision of the Federal Constitutional Court, there is still no possibility for an individual or a company to review the constitutionality of a new consent law in the abstract. Such abstract examination of a law could only be initiated by the Federal or a State Government or a quarter of the members of the Parliament.


There can be additional complaints based on additional grounds, which do exist. We named some of these before. In fact, the court did not yet deal with all the substance of the first complaint (2017), which poses additional barriers to the UPC hopefuls. There are, putting Germany aside, other countries expressing similar concerns with legal outcomes to that effect. That more or less dooms the UPC as a concept. There are no simple workarounds. This is why Team UPC rushed the whole thing, fabricated 'news', lied to politicians and so on. Is Taylor Wessing eager to add itself to the list of disgraced firms that lied to clients for years? Watch this article from the Birdy liar Wouter Pors. It did not age well, did it? It's time to stop the lies. They do a disservice to everyone, even to the liars.

Recent Techrights' Posts

Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
 
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day