Bonum Certa Men Certa

Self-Harming Acts: Germany's Federal Ministry of Justice and Consumer Protection Cares Neither About Justice Nor Consumers (or German SMEs)

BMJV position



Summary: Just like back in March, BMJV persists in fronting for litigation giants, both in defiance of the German constitution and in defiance of basic logic (as if justice isn't the goal but merely an excuse by which to bypass the law)

FOLLOWING condemnations for an official acting utterly dismissive about the FCC's decision back in March (tossing out FCC ratification by admitting and accepting the constitutional complaint), the Federal Ministry of Justice and Consumer Protection (BMJV) issued the above statement, which is contemptible. Will EPO President António Campinos use that again for spin doctoring and will Benoît Battistelli have plans for Paris?



Probably not. The way we see it, BMJV mostly harms its own reputation and Germans too rightly complain about it. What good is a BMJV that deliberately ignores the German constitution? What part of "Justice" does it not understand?

"The way we see it, BMJV mostly harms its own reputation and Germans too rightly complain about it.""Germany ignores Brexit," one reader told us. "There are rumours that this has been inspired by the Tilmann paper," the reader said.

A rough translation: "The fact that Great Britain broke the Convention as a result of the Leaving Brexit does not prevent its implementation: The Regulations for Entry into Force in the Convention and its Logs should ensure that all three are involved in the contract States, the Federal Republic of Germany, France and Great Britain, already participate in the judicial system at the start of the Unified Patent Court. In this respect, it should be avoided, for example, due to the different duration of the ratification procedures the treaty initially entered into force with only one or two of the three states occurs. The reference to this has the purpose, the point in time of entry into force among those actually involved in the contract coordinate. Regardless of the fact that UK approval currently exists a departure from Great Britain has no influence on the applicability of the entry into force regulations in any case because these are to be interpreted in such a way that if one of these three states can not be foreseen by anyone, the entire entry into force for the does not hinder remaining participants."

"...are they eager to openly promote what Germany's top court deemed to be unconstitutional?"This is of course nonsense. It makes no sense for a lot of reasons and it makes one wonder if BMJV is run by lobbyists, not politicians. In fact, "this is totally insane," the reader told us. What are the people inside BMJV hoping to accomplish here? First of all, this won't pass. Secondly, they only stand to suffer (in terms of reputation) and further embolden people who grew tired of the EU, arguing that it disregards all sorts of laws and constitutions.

We note with concern that World Intellectual Property Review (WIPR) and its sister lobbying site, "Life Sciences Intellectual Property Review," are pushing for this illegal and unconstitutional plot again [1, 2], based on "EC official" (which again harms the EU's image). What are they hoping to accomplish? Breton was already bad enough... are they eager to openly promote what Germany's top court deemed to be unconstitutional?

We've meanwhile noticed this new comment citing the "recent research paper from Dimitris Xenos," a paper we alluded to here, and to quote:

The joint EPO-EUIPO study released last year has to be seen in the framework of the support given by the EPO to the UPC. European SMEs have been the fig leave behind which big industry and a select group of IP lawyers were hiding to push the UPC through. The same group is also advocating the necessity of the UPC in order to help the users of the patent system to recover from the damages caused by COVID-19. Please don't pull my leg.

A recent research paper from Dimitris Xenos, “The Impact of the European Patent system on SMEs and National States and the Advent of Unitary Patent”, published in Prometheus, Vol. 36, No. 1 (March 2020), pp. 51-68, comes to the conclusion that “objective evidence shows that the new legal/institutional developments amplify existing imbalances in technological and economic capacities that are already observed between and within member states, and between them and non-EU states in the current global conditions of technological competition”.

The figures used in the study, albeit older, are comparable to the actual figures, so that the conclusions in the paper are also valid today.

One of the conclusions of the paper is that “Objective evidence has emerged, albeit ex post, showing that the position of SMEs is very weak under the EPO system as their share of annual European patents granted is less than 10% and 17% in patent applications. These statistical results contradict the official justifications of the UPP, which focus on benefits for SMEs”.

A further one is “the democratic control of industrial property in national markets is an essential responsibility of the state. Yet, the state is being stripped of democratic control by the EU’s new, pseudo-federal patent system”.

In all meetings I have been in which the topic IP and SMEs was discussed, it was very clear that SMEs are frighten of IP as they consider themselves as underdogs in IP matters. This is for two main reasons. Firstly they cannot afford to spend a lot of money for IP, and secondly they constantly fear the threat of litigation stemming from large companies with deep pockets. They do not have a chance against them!

With the creation of the UPC it was question a long time ago of a kind of IP insurance for SMEs, but this idea has disappeared. Even without the UPC, the idea is worth thinking about.

Nothing against SMEs being made more aware of IP rights, but it has to be seen in the framework of their limited budget.

I have seen SMEs shaken by attacks from big companies, and even then, having to struggle to survive, they were in the end not able to afford patent protection.

I would therefore consider the present guest post as not looking at the deeper roots of the problem. Offer SMEs a safety net in litigation matters would be a beginning. Offer them real incentives to invest in IP, and help them to bear the cost!

It does not have to be for a lot of countries, but the patent they might obtain have to be solid and resisting attacks. But alas, this is not the case. Too many patents do not resist a strict scrutiny, and crumble at the first push. SMEs cannot afford huge portfolios of patents. Once one or two of their patents have been nullified, they turn their back to IP.

One of the problems is also their absence of lobbies. If a SME closes, the number of job losses is very small. They cannot say, like the big industry, if the state does not give us money we will lay off hundreds if not thousands of people.

That's the reality! Support for SMEs is badly needed, but also money.


At the moment it seems like Breton et al with their "European champions" just want to help multinational monopolies through the UPC; they don't care about SMEs and they certainly don't care about the rule of law. Just like BMJV, what we have here is a crisis and an insult to democracy. One easily gets the impression that so-called 'public' officials/servants are in fact serving nobody but large firms. This kind of behaviour can only lead to more EU exits and make radical parties seem "equally bad" (even AfD or UKIP). ⬆

Recent Techrights' Posts

The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
 
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026