Bonum Certa Men Certa

FFII: German President of the Unified Patent Court Rewrites the Treaty Like a Dictator

By Benjamin HENRION

Klaus Grabinski or SACHA BARON COHEN THE DICTATOR



Brussels, 22 May 2023 — The German President of the Unified Patent Court (UPC), Klaus Grabinski, has decided alone to rewrite the Unified Patent Court Agreement (UPCA) at this own will, and move London to Paris and Munich due to Brexit. FFII condemn this abuse of power and violation of the Rule of Law. This a decision typical of a dictatorship, not of an institution governed by the separation of powers. Judge Grabinski will also have the last word over software patents in Europe, without any possible appeal to the European Court of Justice (CJEU).



The President of the UPC decided the following:



In its meeting of 8 May 2023, the Presidium of the Unified Patent Court decided that, as from 1 June 2023, actions pending before the central division related to patents in IPC section (A) shall be assigned to the seat in Paris while actions related to patents in IPC section (C) shall be assigned to the section in Munich. […] the Presidium has exercised its managerial power under Article 15(3) of the Statute of the Unified Patent Court in the aforementioned sense.

— Unified-Patent-Court.org: Decision on the provisional distribution of actions related to patents in IPC sections (A) and (C) pending before the central division | Unified Patent Court (unified-patent-court.org) https://www.unified-patent-court.org/en/news/decision-provisional-distribution-actions-related-patents-ipc-sections-and-c-pending-central


Article 15(3) of the Statutes of the Unified Patent Court does not mention any power to decide on such a political topic to relocate the Court from one place to another, except a broad “management” responsibility:



  1. The Presidium shall be responsible for the management of the Court and shall in particular:
    (a) draw up proposals for the amendment of the Rules of Procedure in accordance with Article 41 of the
    Agreement and proposals regarding the Financial Regulations of the Court;
    (b) prepare the annual budget, the annual accounts and the annual report of the Court and submit them to
    the Budget Committee;
    (c) establish the guidelines for the training programme for judges and supervise the implementation thereof;
    (d) take decisions on the appointment and removal of the Registrar and the Deputy-Registrar;
    (e) lay down the rules governing the Registry including the sub-registries;
    (f) give an opinion in accordance with Article 83(5) of the Agreement.
Agreement on a Unified Patent Court (2013/C 175/01) https://www.unified-patent-court.org/sites/default/files/upc_documents/agreement-on-a-unified-patent-court.pdf


The decision of the UPC’s President is not an item in the list between points (a)-(f), but under the broad “management of the Court” broad spectrum. This is an abuse of the Rule of Law, as judges are not supposed to rewrite the Content of Treaties. This power is the one reserved to law makers, not to judges.



The whole game is to change the Treaty without having to call for a diplomatic conference. People in Germany have invented this idea that the UPCA can be changed without a diplomatic conference, using the art87(2) UPCA, which will be active on the 1st of June 2023 at 00h01. The Administrative Committee will then rubberstamp the relocation of London competencies to Paris and Munich without having to pass by National Parliaments. Countries are playing with fire as tribunals (here the appeal court) need to be established by LAW according to the ECHR art6.1.



The Rule of Law is dead (art2TFEU), but that we know it since the legal service of the Council decided to declare the UPCA into force despite the signature of the UK being still missing.



This decision of the President is also not challengeable in front of another tribunal, as international organizations are shielded from challenges, enjoy immunity and impunity. This is what had been created: an EPO-like monster, a new country where all abuses are now possible, including recruiting judges from Nokia or Airbus, which are like Judge Grabinski ardent supporters of software patents.



References





Recent Techrights' Posts

The Importance of a Resilient Partner
Rianne's mental strength is something I both admire and sometimes envy
Dakota Chambers says “the year of Linux on the desktop” is next year (6 weeks from now)
Six weeks from now it is 2026 already
 
Links 20/11/2025: Esperanto Music History and "Hacking the URL Schema"
Links for the day
Links 20/11/2025: Phone Distraction Causes Ferry's Crash, Lots of Negative Press for Slop (Consensus Shifting)
Links for the day
Links 20/11/2025: Python Risk From Rust Activists, "Climate Change is Biggest Security Threat"
Links for the day
Links 20/11/2025: Cloudflare Outage Post Mortem and Tesla Robotaxi "Safety"
Links for the day
More Layoffs, Shutdowns Connected to Microsoft's XBox and Gaming Failure
sales flounder
Geminispace/Gopher Links 20/11/2025: Nagless, VPS, and Java
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 19, 2025
IRC logs for Wednesday, November 19, 2025
Some People Still Being RAd at IBM This Week, According to Unverified Claims Online
IBM is misleading shareholders
Gemini Links 19/11/2025: FlatCube, uBlock Origin, and More
Links for the day
Luis Berenguer Giménez Claims to Still be at the EPO (European Patent Office), Even After His Replacement Following Cocaine Bust
Look what sort of culture Campinos imported from the EU (EUIPO) to Bavaria
Censorship Doesn't Always Work
Somehow we've managed to attract the wrath of some large corporations and organisations
The Media Explains to Us Why It's Dangerous to Cover EPO's "Cocainegate"
Does the EPO command the European media?
Fake News Sites Made by LLMs Are Lying With Confidence (IBM and Red Hat Layoffs)
Slop just doesn't work
Microsoft Lunduke Publicly Attacking Linus Torvalds Says a Lot About 4Chan Cult(ure)
find some issues that sites like ours habitually explore/investigate/revisit, then add some lunatic spin on top of them
Europe Talks About "Digital Sovereignty" and Free Software in Europe is Where Things Should Start
Time will tell if anything concrete can emerge from the above, as media reports certainly have not, at least not in English
Links 19/11/2025: Lawfare Against Greenpeace, Major British Newspaper Caught Using LLM Slop
Links for the day
Links 19/11/2025: "Corporate-Government Censorship" by App Stores (Says ACLU) and Invalidation of Patent Trolls' Patents Sought
Links for the day
Links 19/11/2025: Several Sites Admit Slop Bubble "About to Burst", US Government Tacitly Endorses Assassination of Journalists
Links for the day
GNU/Linux Up to 5% in analytics.usa.gov, Apple and Microsoft Only Sell Fantasies
As for Microsoft, it tries to rebrand Windows as "AI" something or "agentic" (AI) something because it's not selling well and Microsoft needs to engage in "creative" storytelling with shareholders
They Want to Take Humour Away
If society starts gravitating towards jokes being taboo and abuse/violence/online trolling being "jokes" (they're not), we're worse off and more like North Korea
The New Stack, Sponsored by Microsoft: Pay Us Money to Read Promotion of Slop Composed by Microsofters to Sell Their Proprietary Slopware
it's a self-promotional plug for someone who came from Microsoft
Claims That IBM Research Brazil is Shutting Down, Japan Impacted Also
As usual, the corporate media won't mention this
Links 19/11/2025: Google Nest Surveillance and Daily Telegraph Still Up for Sale
Links for the day
Gemini Links 19/11/2025: "Slack is a Sauna" and ClaudeBot Nuisance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 18, 2025
IRC logs for Tuesday, November 18, 2025
"GNU/Linux" No Longer a Pandora's Box
Cannot even make or crack a joke... when you have a target painted on your back
We Don't Keep Logs
Not for any considerable length of time
Wall Street Journal is Publishing Puff Pieces About Quantum
For IBM [...] a lot of articles about "AI" are basically a form of spam
Is the Lid Being Shut on Top of LLM Slop?
It sort of "feels" like slop is becoming passé
Celebrating Digital Sovereignty
Digital Sovereignty is connected very closely to the concept of Software Freedom
Your Web Site is Connected to the Net and the Server is Powered On, But Cloudflare Takes It All Down
Anything outsourced means that yet another party can get things wrong, resulting in problems for everyone else "in the chain"
The Register's Latest Slop Spam, Another Paid-for Article to Inflate the Bubble
Remember when celebrities advertised FTX?
Quite a Few Red Hat Layoffs These Days (or Departures)
Remember that if there are Red Hat Layoffs, they won't be called "Red Hat Layoffs" but instead be "IBM RAs" or some thing to that effect
Today is an Excellent Day To Remind People to Dump Clownflare (Cloudflare)
If people think that Clownflare (Cloudflare) will improve uptime and make access better (it sure makes accessibility far worse), remind them of all the times this clown show goes wrong, taking down with it a lot of the Web
Links 18/11/2025: Asbestos Fears, Delays for GAFAM Undersea Cable
Links for the day
Links 18/11/2025: "Bitcoin Showing Signs of Severe Collapse" and CEOs of GAFAM Finally Speak About a Slop Bubble
Links for the day
The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
Apparent Red Hat Layoffs in "AI" (Supposedly a Strategic Area for IBM)
What is going on there?
TV Programmes in Geminispace
Sort of like teletext except more cross-platform
Gemini Protocol as a Growing Source of Audience (Mostly Technical People)
Clients for Gemini Protocol are available for almost every platform imaginable
Techrights' Assessment of Red Hat Layoffs in 2025 (Yes, They Happened!)
In short, Red Hat layoffs did occur this year, but even when they did the media did not mention these (and those would count as "IBM" regardless)
The GPU Bubble (GPUs Marketed by Useless Slop)
"they're selling GPUs for the sake of selling GPUs"
EPO Change May be Afoot, Keep Pushing and Hold Those Feet to the Fire
Backlash is brewing and societal trends reinforce backlash right now
Links 18/11/2025: CISA Advisories, Climate, "U.S. Layoffs Surge and Blaming AI is Part of the Smokescreen"
Links for the day
Gemini Links 18/11/2025: "Block Them All", Annex, Signed Commits, and "Cryptography of the Internet"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 17, 2025
IRC logs for Monday, November 17, 2025
Right Under the Nose of Mainstream Media
That the media fails to cover the matter mostly speaks volumes about the media
Formalities Officers at the EPO Face Uncertain Future, Administration Gets Asked About That
They're being too polite (perhaps) to people whose agenda is detrimental not just to the EPO but also the EPC