Bonum Certa Men Certa

Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

Recent: Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“ | Unified Patent Court is a Fake Common Court and Violates CJEU’s Jurisprudence of the Last 10 Years, Will Explode at launch, Says Professor Jaeger | Angela Merkel's Coalition Has Not Helped EPO Staff and Not Even Bloggers Blackmailed by EPO Management

Patrick Breyer, Germany
Patrick Breyer, Germany. Licence: Creative Commons CC0 1.0 Universal Public Domain Dedication.



Summary: A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious

ADDED or updated in the EP's Web site just 9 days ago was this page about a "[q]uestion for written answer" from Patrick Breyer (Verts/ALE). We're reproducing the whole thing below and keeping a copy of the PDF as well:



Parliamentary questions



14 December 2021

Question for written answer E-005551/2021 to the Commission Rule 138 Patrick Breyer (Verts/ALE)

Subject: The compatibility of the Unified Patent Court with EU law




Over the last 10 years, the Court of Justice of the EU (CJEU) has developed an established body of case law regarding the compatibility of international courts with EU law(1).

In its judgment in Paul Miles and Others v European Schools (2011), the CJEU stated that: ‘the Complaints Board [at hand] is not such a court common to [...] Member States. Whereas the Benelux Court [...] procedure [...] is a step in the proceedings before the national courts leading to definitive interpretations of common Benelux legal rules [...], the Complaints Board does not have any such links with the judicial systems of the Member States’.

The CJEU’s criterion for a ‘court common to [...] Member States’ is that it should have functional links with the courts of the Member States when it has to apply EU law and cooperate with the CJEU.

1. Does the proposed Unified Patent Court comply with this criterion?

2. If so, what are its links with the courts of the Member States?

__________ (1) European and EU Patent Court (2011), Miles (2011), European Court of Human Rights (2014), Oberto (2015), Achmea (2018), CETA (2019).




Last updated: 6 January 2022


Is Battistelli's man inside the Commission going to pretend he cannot see the facts, as usual?

Recent Techrights' Posts

Many Articles About Layoffs Are Still Fake, Still LLM Slop, Even About IBM Layoffs
No wonder tech and tech journalism are getting so much worse
Slappification: Using More SLAPP to Cover Up SLAPP and Chaining SLAPPs (From Microsoft) in a Failed Bid to Censor Techrights
How low can a person with a law degree stoop?
Hidden from coroners and the public: tech industry cultural contagion
Reprinted with permission from Daniel Pocock
Richard Stallman on Patents
uploaded a day ago by Aleksandar Popovic
What Happened to the Open Source Initiative (OSI) Elections: Leaking Information of Members (Even in 2025)
More nonsense about Hey Hi (AI), which OSI has been openwashing on Microsoft's payroll
 
Links 21/03/2025: "IBM cuts Thousands" and Outlook Outage Again (Microsoft Looks for Excuses)
Links for the day
Gemini Links 21/03/2025: "Happy Spring" and Leaving "The Enterprise"
Links for the day
Speak More About the GNU Manifesto (40 Years Old This Month), It Helps Remind People That GNU/Linux Was Started by Richard Stallman and the Ultimate Goal is Freedom
We generally encourage people to speak about Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 20, 2025
IRC logs for Thursday, March 20, 2025
Recommended New Article From Dr. Andy Farnell and Some Site Miscellany
Andy says he and his daughter successfully avoid GAFAM
Links 20/03/2025: Executions in China and Crackdowns on Science in the US
Links for the day
Gemini Links 20/03/2025: Ubuntu Shafting Common Sense and Blocking of Bots of the Net
Links for the day
Links 20/03/2025: IBM Layoffs (Thousands Reportedly Laid Off) and Lots More Corruption in the White House
Links for the day
Techrights Will Never Capitulate to Threats From Microsofters
Set aside violence against women and all sorts of other things; it's not about personal issues
The Microsoft-Led Open Source Initiative (OSI) is Hurting, It'll Try to Hurt Its Critics and Exposers Now
The OSI's chief meanwhile issues a bunch of meaningless waffle, a sort of "damage control" or "face-saving" platitudes
Apple is Still an Enemy of Open Standards and Software Freedom
Apple did not get any more benign
Gemini Links 20/03/2025: Wanting the Future Back and "Society That Lost Focus"
Links for the day
Fake Articles About GNOME
betanews again
Richard Stallman's Personal Site Says He's Looking for More Opportunities to Speak in Europe
He does not charge people for the talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 19, 2025
IRC logs for Wednesday, March 19, 2025
Debian Pregnancy Cluster, when I stopped using IRC
Reprinted with permission from Daniel Pocock
Mass Layoffs at IBM Confirmed
Thousands believed to have been laid off
Slopwatch: linuxsecurity.com, cybersecuritynews.com, gbhackers.com, and techmonitor.ai (Fake 'Articles' About "Linux")
Almost all of them (75%) show up in Google News
Is Ubuntu Compromised? Push Away From GNU and GPL Led by Army Officers.
Perhaps people should ask Canonical what the thinking behind it was...
Gemini Links 19/03/2025: go-gopherproxy and 'Small Web' as Self-expression
Links for the day
Links 19/03/2025: Attention's Cost and Media Still Besieged by Dictatorships
Links for the day
Phoronix Seems to be Trying to Kill Discussion About "Asahi Lina" and the Anti-Torvalds Brigade
Our informed guess is that by reporting this news Phoronix got caught up in flamewars that divide and fracture the community
Claiming to Love What You Reject or Seek to Totally Own, Control
The Russia analogy is political
LinuxTechLab Became Just LLM Slop and SPAM
Another dead (former "Linux") site
The Rust Song
It's about control
Facts on the Case Already Disclosed by US Authorities
NGOs in the UK (several keep abreast of this, judging every recent move) are truly unimpressed
The Times Group (and The Times of India) Basically Died Again
This time a death by LLM slop/plagiarism
The Death of The Economic Times (India Times): LLM Slop Presented as 'Articles', Containing Errors and Revisionism
They'd be better off shutting down operations with some dignity than resort to bots giving the false impression (illusion) of authorship
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day