Bonum Certa Men Certa

Why the Unified Patent Court (UPC) Cannot Enter Into Force, Based on the UPC Agreement Itself

Protocol to the Agreement on Unified Patent Court on provisional application
There's only one country called "United Kingdom"



Summary: Carefully examining, based on or right from the worse's own mouth, why UPC cannot proceed; those who try to proceed in violation of the law (and against the Vienna Convention, never mind constitutional violations and doctored 'studies') are only embarrassing themselves and discrediting the notion that Europe respects the Rule of Law, even international law

THE "Protocol to the Agreement on Unified Patent Court on provisional application" [PDF], which we present below as text, isn't too convenient to António Campinos, who misuses the EPO's Web site to lobby for Team UPC; it's all over the front page of the EPO's site in at least 5 (maybe 6) "news" items and "site updates". Just like Benoît Battistelli before him, he's willing to break the law, violate constitutions, and these people even suggested rewriting (retrofitting) constitutions to allow the UPC. Their goal isn't to help SMEs but to ram European software patents down our throats whilst inviting patent trolls to Europe, mostly to Germany, to blackmail companies with "unitary" effect (i.e. outside Germany as well). Who stands to benefit? Don't check the doctored 'studies', which are doctored by admission of those who did them (based on leaks).



"It's trying to compensate for actual facts using an endless barrage of fake news headlines (disinformation), but truth remains the strongest disinfectant."There are so many different issues and obstacles preventing the UPC from becoming a reality; even Team UPC knows it (it's fully aware), but it hopes nobody will pay attention. It's trying to compensate for actual facts using an endless barrage of fake news headlines (disinformation), but truth remains the strongest disinfectant.

Here is the PDF above as text/HTML:

Protocol to the Agreement on a Unified Patent Court on provisional application



The undersigning Signatory States of the Agreement on a Unified Patent Court, hereinafter referred to as the Parties,

CONSIDERING that the Unified Patent Court should become fully operational upon the entry into force of the Agreement on a Unified Patent Court;

CONSIDERING the need to provide a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court before the entry into force of the Agreement on a Unified Patent Court;

ACKNOWLEDGING that the provisional application of a treaty is an instrument suitable to ensure such a smooth transition;

ACKNOWLEDGING that the use of provisional application is in accordance with customary international law;

ACKNOWLEDGING that such provisional application can be limited to certain parts of a treaty where the negotiating States have in some manner so agreed;

CONSIDERING that provisional application should only come into force when 13 Signatory States of the Agreement on a Unified Patent Court have approved this protocol and only among those Signatory States where the Governments have received parliamentary approval to ratify the Agreement on a Unified Patent Court.

CONSIDERING that the provisional application should concern only the institutional, organisational and financial provisions of the Agreement on a Unified Patent Court and should be limited to what is strictly necessary to ensure the smooth transition into the operational phase.

HAVE AGREED AS FOLLOWS

Article 1 – Provisional application of the Unified Patent Court Agreement

Article 1-2, 4-5, 6(1), 7, 10-19, 35(1, 3 and 4), 36-41 and 71(3) of the Agreement on a Unified Patent Court and Article 1-7(1), 7(5), 9-18, 20(1), 22-28, 30, 32 and 33 of the Statute of the Unified Patent Court shall enter into provisional application among the Parties that have completed the requisite procedure referred to under Article 3(1), upon the entry into force of this Protocol.

Article 2 – Signature and consent to be bound

(1) This Protocol shall be open for signature from October 1 2015 by any Signatory State of the Agreement on a Unified Patent Court.

(2) Consent to be bound by this Protocol may be expressed, without prejudice to paragraph 3 and Article 3(1)b, by

a. signature; or b. signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval.

(3) Consent to be bound by the provisional application of the articles of the Agreement on a Unified Patent Court mentioned under Article 1 of this Protocol may be expressed by a unilateral declaration.

(4) Instruments of ratification, acceptance or approval of this Protocol or the unilateral declaration mentioned in paragraph 3 shall be deposited with the General Secretariat of the Council of the European Union, hereinafter referred to as the depositary.

Article 3 – Entry into force

(1) This Protocol shall enter into force the day after 13 Signatory States of the Agreement on a Unified Patent Court including Germany, France and the United Kingdom, have either ratified, or informed the depositary that they have received parliamentary approval to ratify, the Agreement on a Unified Patent Court and have

a. signed in accordance with Article 2(2)a. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.; or

b. declared by means of a unilateral declaration or in any other manner that they consider themselves bound by the provisional application of the articles of the Unified Patent Court Agreement mentioned under Article 1 of this Protocol.

(2) In respect of any Party which subsequently after the entry into force of this Protocol completes the procedure referred to in (1), this Protocol shall have effect on that Party from the date when the Party has completed the said procedure.

(3) This Protocol and the provisional application it prescribes shall have effect only with regard to Parties having completed the requisite procedure referred to in (1).

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.

Done at Brussels October 1st 2015 in the English, French and German languages, all three texts being equally authentic, in a single copy, which shall be deposited with the depositary who shall transmit a certified true copy to all Signatory States of the Agreement on a Unified Patent Court.



Authored by "UPC" (see metadata), the document was created using "Microsoft Word 2007" (yes, software from 15 years ago!) and it speaks of "unilateral declaration" without taking any constitutional aspects into account.

This isn't about creating a legal system; it's about breaking the legal system.

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025