Bonum Certa Men Certa

Hiring of German Judges for UPC Has Been Halted as the Future of UPC as a Whole Now in Doubt

Do not enter

Padlock



Summary: Things keep getting worse for the Unified Patent Court (UPC), whose manifestation looks more and more like a distant dream (fantasy of the litigation 'industry') due to Brexit, the exit of Battistelli, and the departure of the Chairman of the EPO's Administrative Council one month from now

THE situation is getting rather grim for Team UPC; they're all very silent... silent for well over a week! (since the EPO released some PDF)



A month ago the German press published quite a few noteworthy reports. These covered EPO scandals around that time (SUEPO published translations and so did at least one German publication). Yesterday, SUEPO highlighted a couple more of those [1, 2]. Will SUEPO translate these to English some time soon? Regardless of these reports, the German media is still far too soft on the corrupt EPO. Well, what happened to guts in the media? It's like they fear the prospect of unleashing another Dieselgate, which caused tremendous damage to German reputation/credibility, not to mention long-term economic harm.

"Regardless of these reports, the German media is still far too soft on the corrupt EPO."Later this week we are going to resume the "EPO Silencers of the Media" series. For the past few days I have been getting numerous requests of self-censorship regarding the EPO (I ignored all of them, as usual).

More important for the time being is new information we found out on Monday. This new article from a biotechnology news site which is based in Europe, called "European Biotechnology Magazine," said this yesterday: "As Spain and Italy resisted to adopt the rules because unitary patents will be only translated into few languages, reducing overall cost, the initial plan failed. Furthermore, the unitary patent and the UPC may make European companies more vulnerable due to the fact that a single proceeding in one country can annul their patent claims in all EU countries."

"Language discriminations cannot happen," said one of the comments from earlier this month, "even if the CJEU tolerates them."

Here is the full comment (there's more to that effect there):

For the automated non-legally binding translations, be prepared that there will be appeals at the national level and up to the ECHR.

Unfortunately, Germany, France or UK are not concerned about those automated translations under the UPC.

Language discriminations cannot happen, even if the CJEU tolerates them.

And that decision was a political one.


"Germany has stopped hiring of German judges for the court," continued the above piece. Just like in the UK then; the UPC Preparatory Committee put the brakes on the UPC, having even advertised UPC jobs that quite likely would never exist because the Unitary Patent is dead in the UK (or will be officially dead soon).

Here is the relevant passage/paragraph: "Sources told European Biotechnology Magazine that Germany has stopped hiring of German judges for the court, a clear signal that Germany is going to halt the ratification process of the UPC agreement for a longer period of time than previously expected. Without the UK, Germany and France ratifying legislation for the UPC, the unitary patent cannot become reality. To date, only five EU member states (Austria, Belgium, Denmark, Malta, and Sweden) have ratified the agreement."

"What will be the fate of judges who were attacked by Battistelli (or those who saw their independence under attack)?"The UPC will languish or die like Battistelli's career and health. Judging by the German media, there's no hope for the UPC any time soon; even the patent microcosm is no longer as optimistic as it used to be. EPO abuses have a lot to do with that.

What will be the fate of judges who were attacked by Battistelli (or those who saw their independence under attack)? What will happen to prospective UPC judges? Will they be told that the job they applied for no longer exists? Here is a comment left a short while ago in IP Kat:

What is a "juristic person of corporations"? A very fat judge?

"I am the judge, the very fat judge, that waters the patent law! Oh, I am the judge, the very fat man, that waters the patent law! And what do I care about freedom to work, or the honest prior us-or? For I am the judge, the very fat judge, that waters the patent law!"


The context for this comment is partly related to the EPO. But we no longer want to link to IP Kat, at least until it resumes covering EPO scandals (not ignoring them, cowardly pretending they do not exist).

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
 
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day