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

Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day