Bonum Certa Men Certa

Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

Prof. Dr. Thomas Jaeger
Prof. Dr. Thomas Jaeger



What news have we heard from the Unified Patent Court (UPC) lately? None, other than there is yet another holdup from yet another constitutional complaint in Germany? Or, none, other than the Court of Justice of the European Union (CJEU) has by now repeatedly indicated that the model is incompatible with EU law? True: ten years into the UPC Agreement, all is still on hold and functional, and legal challenges are as unresolved as ever. But no news in this case is good news, it allows time to ponder alternatives. One alternative is actually quite obvious: the Benelux Court of Justice, which just gained significant new powers in mid-2018. This article looks at the lessons to be learned from the Benelux Court and outlines a Benelux-plus Patent Court as a legally safe alternative to the UPC.

Summary: The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same

According to Team UPC (a fake news/propaganda mill which evades very simple questions): "The Unified Patent Court (UPC) will be a court common to the Contracting Member States and thus part of their judicial system."

A fake "common" court? This official page tells lies.

"Maybe it would be a good idea to mirror Jaeger's paper," found here, according to a reader. "Jaeger argues that the UPC is not a common court as they pretend because it is not linked to National Courts, as (for example) the Benelux court."

Here's a copy of it; the public deserves access, which is imperative to rebuttal of lies.

"We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past."The Court of Justice of the European Union (CJEU) "could strike it down, as the design of the EU is "CJEU+national courts"."

Prof. Thomas Jaeger thinks so. And he warned about it 5 years ago as well.

This is legal chaos and hackery.

We don't expect the UPC to get off the ground for a number of reasons we've enumerated and named here in the past. Too many times before (to be worth repeating). Do not be misled by a high quantity of fake (worse than low-quality) self-serving lies.

As our reader notes, even if the UPC ever runs, there is hope of halting it very fast. It's simply not compatible. As someone put it in comments the other day: "All aboard the Titanic!"

The next comment said: "Time for an appeal to the Austrian Constitutional Court?"

DXThomas then wrote:

It is amazing to see how UPC proponents want to push it through at any cost, and want to ignore the problem of Art 7(2) UPCA. When looking at Art 6(1) ECHR, how can it be justified that the crystal clear wording of Art 7(2) UPC is to be ignored? A first year law student would blush if he came up with the theory of the provisional allocation of the London duties to Paris/Munich.

How can such legally qualified people come up with such legal nonsense? What do the judges think who applied for a job at the UPC?

The UPC proponents act exactly like the Polish government by superbly ignoring the notion of of legally appointed judge.

How can a court be conform with Union law if one of its members can be removed from office without offering him any means of redress? See Art 10 of the statute of the court = Annex I to the UPCA.

The financial interests of the UPC proponents must be extremely high in order to persist in such a way that they ignore fundamental aspects of the legality of the judicial.


Team UPC is just being very loud because public comments keep correcting it, so it's trying to compensate by sheer volume, believing that shouting down the truth will be worthwhile. FAKE IT TILL YOU MAKE IT? Courts don't work that way and the law is on the UPC opponents' side. The "sceptics" know how constitutions and courts work. We may not have as many lobbyists and a generous "fake news" budget, but justice will prevail at the end, as it has for over a decade already.

Recent Techrights' Posts

The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
 
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day