Bonum Certa Men Certa

Christine Lambrecht (German Minister of Justice and Consumer Protection) Ignores the Fact That Even Patent Experts Reject the Unitary Patent (UPC)

And "more than 71.4 % of judges no longer support the UPC," based on a recent survey

Christine Lambrecht
Photo source



Summary: The debacle single-handedly caused by and attributable to Christine Lambrecht, who is eager to appease litigation lawyers, is made yet worse by the fact that people in this domain/profession reject what she's trying to ram down people's throats

PRESIDENT António Campinos from the European Patent Office (EPO) has said nothing about the FCC's decision except that foolish praise of the ludicrous statement from Christine Lambrecht. Campinos disregards judges and courts almost as much as Benoît Battistelli did (if not more so). Later he'll wonder why only about 3% of the staff trusts him based on a recent survey.



"Brexit is, in its own right, an incompatibility for the UPC."Last week we became aware of an article in which a law firm called Cohausz & Florack explains: [via Lexology]



The UPC is now being widely questioned. According to a Juve survey of more than 600 patent experts in April 2020, 55.3% actually reject it. Only 33.6 % of those questioned still support it. The result is even clearer among the attorneys and judges surveyed: 56.5 % and 59.4 % of patent attorneys and attorneys-at-law respectively and more than 71.4 % of judges no longer support the UPC. Industry representatives are also rather skeptical: 43.5 % of company representatives stated that they no longer support the current UPC.

According to Juve, small and medium-sized enterprises (SMEs) in particular see a negative impact through the UPC. "The main reason is the increased costs", says Dr. Natalie Kirchhofer, patent attorney and partner at COHAUSZ & FLORACK. "For innovative SMEs in particular, these costs, which are many times higher than those incurred in the enforcement of own inventions before the UPC, play an important role in their competitiveness". Gottfried Schüll, patent attorney and partner at Cohausz & Florack, is also critical of the lack of jurisdiction of the national patent infringement courts for granted EP patents, which will come eventually with the UPC: "This means that patent owners who are looking for inexpensive legal protection need to resort to national German patents. European patent law is becoming a law for corporations. SMEs, the pillar of German competitiveness, will not benefit from the advantages of European unification of patent protection. In fact, the opposite is the case".

"Even for large corporations with huge patent portfolios, for example in IT, e-technology, communication technologies and the pharmaceutical industry, uncertainties are to be expected under the UPC – among other things, about which legal remedies are possible under the UPC and how these are influenced by national experience through the choice of local chambers", says Dr. Arwed Burrichter, patent attorney and partner at COHAUSZ & FLORACK.

As Great Britain was still involved in the drafting of the UPC Rules of Procedure, these are also significantly influenced by common law aspects. These are now no longer accessible to professional representatives at the UPC, since, due to Brexit, the British colleagues are no longer available. There is therefore no essential basis for a consistent application of the law.


Brexit is, in its own right, an incompatibility for the UPC. FFII is working on a statement or complaint to that effect already.

D Young & Co LLP's Jonathan DeVile has meanwhile noted: [via Lexology]

At the end of March 2020, EPO President Campinos pronounced strong support for the statement by the German Minister of Justice and Consumer Protection, Christine Lambrecht, of her intention to remedy the deficiencies in the legislative procedure which led to the German Federal Constitutional Court (FCC) declaring the agreement by the German Parliament (Bundestag) of the Unified Patent Court and the Unitary Patent (UPCA) to be void. So was that just another bump in the road for the UPCA?

The Unified Patent Court and the Unitary Patent Agreement (UPCA) was agreed in 2013 and enough countries had ratified the agreement for it to come into existence, that is, if Germany had ratified. Of course the concept of the UPCA is even older than the European Patent Convention; the UPCA being its latest incarnation.

Even after the Brexit vote in 2016, the UK Government under Prime Minister May ratified the UPCA in 2018, perhaps encouraged by a legal opinion obtained by the Chartered Institute of Patent Attorneys (CIPA) that the UPCA was an international treaty and therefore open to the UK after Brexit. Then came a complaint in 2017 filed by a private citizen to the German Federal Constitutional Court (FCC) that the vote in the Bundestag violated the constitutional rights of German citizens.

In March 2020 the FCC ruled partially in favour of the complaint that the vote in the Bundestag in 2016 for Germany to adopt the UPCA was unconstitutional and therefore void. The Bundestag requires a majority of two thirds of its members to adopt an Act affecting the constitutional rights of German citizens. According to the FCC, although those members of the Bundestag present at the time voted unanimously to adopt the UPCA, the formal requirement for a majority of two thirds of the members of the Bundestag had not been satisfied. However there is some nuance in respect of the analysis and the conclusion in reaching this decision by the FCC, which would appear to have wider ramifications.


It has since then been noted that the substance of the complaint gives additional grounds for rejection of UPCA and therefore what Lambrecht is doing will merely disgrace the Ministry of Justice and Consumer Protection, making it seem like it's neither for justice nor for consumers. The title of the above article says "end of the road" and it seems growingly apparent that law firms are sort of 'bailing out' and giving up on the UPC. Whether another incarnation of UPCA will materialise is another question; it can take a decade or more. Without the UK, moreover, the value of such a system (and consent for it) would be greatly reduced.

"If "lobbyism" drives the Ministry of Justice and Consumer Protection, then it makes Germany as a whole look like a 'banana republic'."Back in March we explained that the UPC had died due to Brexit. Another blow was the constitutional complaint in Germany, then the UK's official position (rejecting the UPC) and finally the FCC's decision, which was the final nail in the coffin.

And speaking of nail in the coffin, Lambrecht political career may be over. What she did in the Ministry of Justice and Consumer Protection disgraces not only the ministry but the person who has only led it for about a year.

Lambrecht should listen to constituents and experts, not a bunch of lobbyists. If "lobbyism" drives the Ministry of Justice and Consumer Protection, then it makes Germany as a whole look like a 'banana republic'. People are already complaining and damage is done based on underlying facts.

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
 
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026
SLAPP Censorship - Part 30 Out of 200: The Time We Reported Abuse to Greater Manchester Police (GMP) and It Was Escalated to Its Cybercrime Unit
he started trolling and harassing me for criticising his employers' monopolistic and users-hostile agenda
'Modern' Cars Not a Rosy Industry
The current "modern" cars already have a shelf life similar to that of many toothpastes
Wrongthink Detector and Filter in "Think About the Children" Clothing
It is not about "age verification", it's a Trojan horse for social control
IBM Facilities Now Deemed Legitimate (Military) Target, Along With GAFAM Bases
Does IBM have any defences in place to protect against "downtime by explosions"?
What Happens When Some Large News Sites Turn to Slop and Spew Out Nonsense
LLM slop makes such grotesque mistakes abundant
Hardly Seeing Slopfarms Today, Even in Google News
Google's adventures with slop increased its debt significantly
Links 01/04/2026: Quantum Hype (Turing and Google), "US Fuel Prices Surge Past $4 a Gallon"
Links for the day
Gemini Links 01/04/2026: "Sacred Week of Cycling" and Zenity for Scripts
Links for the day
Losing Debian: Sruthi Chandran election flop
Reprinted with permission from Daniel Pocock
French judgment: parasitisme by FSFE & Matthias Kirschner (CO23.002709)
Reprinted with permission from Daniel Pocock
Microsoft Uses April Fools to 'Joke' About Inserting "Age Verification" (Surveillance) Into Linux
MinceR says the "lkml [message/page] one is April Fools or at least they're trying to pass it off as April Fools [however] the [GitHub] one was archived on the 8th and yesterday, so that probably isn't..."
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026