back to article German court reveals reason for Europe-wide patent system freeze

The German federal court has finally revealed why it ordered a halt to the ratification of the Europe-wide Unified Patent Court. The Federal Constitutional Court (FCC) unexpectedly slammed the brakes on the UPC back in June, sparking speculation in the intellectual property world as to why – was it a procedural matter? Was it …

  1. Anonymous Coward
    Anonymous Coward

    So, in other words..

    .. Batty Stella's abuses to position himself for the top job are the exact reason why he will never get the top job.

    I'm shocked, shocked, I tell you by such an astonishing amount of sanity, in politics no less.

    1. Doctor Syntax Silver badge

      Re: So, in other words..

      "I'm shocked, shocked, I tell you by such an astonishing amount of sanity, in politics no less."

      Is it too much to hope that this will bring the whole saga to an end? Probably.

      1. chivo243 Silver badge
        Meh

        Re: So, in other words..

        "Is it too much to hope that this will bring the whole saga to an end? Probably."

        Yes in 2018 when his term is up...

    2. Anonymous Coward
      Anonymous Coward

      Re: So, in other words..

      This is not sanity in politics; it is sanity in a court.

      1. Anonymous Coward
        Anonymous Coward

        Re: So, in other words..

        Sanity in a court = 'Its against Germanic interest so bin it'

    3. Roland6 Silver badge

      Re: So, in other words..

      "sanity, in politics" WTF?!!

      "it was necessary for there to be a specific vote in the German Parliament (Bundestag) to approve the divestment of sovereign powers."

      So obviously the UK couldn't possibly ratify it, since firstly we're leaving and secondly, it would involve the further transfer of 'sovereignty', agreed? well no T.May and here Brexit monkeys fully intend to ratify the UPC ! :O

      "The UK is pressing on with legislation that is required for the ratification of the UPC Agreement by the UK; secondary legislation in the form of an Order on Privileges and Immunities for the Unified Patent Court were laid in Parliament under the International Organisations Act 1968 today (26 June 2017).

      Separate legislation will be laid in the Scottish Parliament in due course. This is the final legislative step in the UK’s ratification procedure and once it has been passed the UK will be able to formally ratify the UPC Agreement."

      [ http://www.hgf.com/updates/news/2017/06/uk-presses-on-with-ratification-of-the-upc-agreement/ ]

      It does look like business as usual at Westminster; the politicians haven't learnt from the rap on the knuckles they received in the In/Out referendum...

      1. Anonymous Coward
        Anonymous Coward

        Re: So, in other words..

        The EPO is not an EU organization, it's a European one, yet the UPC is an EU organization. How do the other non-EU European states fit into this, and why would a post-Brexit UK cause anything to change?

        1. Roland6 Silver badge

          Re: So, in other words.. @AC

          What is being ratified is the EU Unified Patent Court, which for the UK to agree to be subject to, requires the transfer of some 'sovereignty' to the EU.

          The laugh is that Brexit is all about the taking back of 'sovereignty' from Brussels by the very same organisation (ie. Westminster politicians) that gave 'sovereignty' away to Brussels...

          Secondly, all three major Westminster political parties gave assurances that no further 'sovereignty' would be given away without a referendum..

      2. Mark 110

        Re: So, in other words..

        @Roland

        What exactly is wrong with getting together to deal with patents. Theres economies of sale. One patent organisation costing £200 million a year to run? Or 20odd patent organisations costing £200 million each per year to run. Plus the benefit to the applicants having to go through one process instead off 20odd.

        Do the math . . .

        Can we cancel this Brexit nonsense please - it doesn't add up.

        1. Roland6 Silver badge

          Re: So, in other words..

          @Mark 110

          What exactly is wrong with getting together to deal with patents. Theres economies of sale.

          Nothing!

          I'm all for it, along with remaining in the EEA, Customs Union, Eurotom and the EU, in part because of the economies of scale!

          Can we cancel this Brexit nonsense please - it doesn't add up.

          It would be nice! Unfortunately T.May et al are giving the impression they are fully committed to Brexit...

          But I fully agree with you, Brexit is nonsense. Clearly some in government realise this and hence why they are attempting to get Parliament to ratify something that is at odds with the government's publicly stated direction of travel... What is going to be the icing on the cake is when one or other Brexit monkey stands up and supports the ratification of the UPC. Which brings us back to the discussion point "sanity, in politics" :)

          1. Anonymous Coward
            Anonymous Coward

            Re: So, in other words..

            > "But I fully agree with you, Brexit is nonsense."

            You two may agree with each other, but I understand a majority of voters don't. But I guess when the majority votes for non-sensical things, they should be ignored? After all, they're just monkeys...

            1. Roland6 Silver badge

              Re: So, in other words..

              @Big John - re: Voters...

              I suggest as time goes by, it is becoming clear that those who actually want to go through with Brexit - at any cost, are only a vocal minority of those who voted leave...

              However, it would seem that the government's biggest problem, having committed to "honour the referendum result" and delivering 'Brexit', is defining a strategy that will enable them to stand up and say the UK has left the EU, whilst retaining all the advantages of membership...

              Given the content of the positional papers and such things as the UPC bill, it would not surprise me if the UK effectively renews it's membership immediately following the Brexit declaration, so business and life can continue as normal... Thus my rationale for saying Brexit is nonsense...

              1. Anonymous Coward
                Anonymous Coward

                Re: So, in other words..

                > "I suggest as time goes by, it is becoming clear that those who actually want to go through with Brexit - at any cost, are only a vocal minority of those who voted leave..."

                How is it becoming clear? I'm in the US and have no direct knowledge, but I become skeptical when someone speaks about a controversial vote by claiming the winners don't really want the thing they won. That sort of thing happens a lot here in the US, where the left claims the conservatives always vote stupidly and against their "own interests," without ever really proving that case (except to themselves).

                Perhaps it's becoming clear because of subsequent polling? But that same polling had the Brexiters losing by a substantial margin before the actual vote, just as Trump was slated to lose big to Hillary Clinton by most polls, and we all know how that turned out.

                In the end the only polls one can really believe are the official ones. Say, what about asking for a "revote" on the Brexit issue? Has anyone done that yet? And if not, why not?

                1. strum

                  Re: So, in other words..

                  >Trump was slated to lose big to Hillary Clinton by most polls, and we all know how that turned out.

                  And he did lose, bigly, in the popular vote.

                  1. Anonymous Coward
                    Anonymous Coward

                    Re: So, in other words..

                    If he lost, why is he President?

                2. Roland6 Silver badge

                  Re: So, in other words..

                  @Big John - We had a general election, those who really wanted a hard Brexit and stuff the consequences/costs could have voted for UKIP - the only party offering that approach to Brexit; UKIP was practically wiped out...

                  As the Brexit process unfolds other factors are also coming out - which the press are picking up on, that are contributing to the viewpoint that Brexit might not be such a good idea...

                  Say, what about asking for a "revote" on the Brexit issue? Has anyone done that yet? And if not, why not?

                  Given the recent poll failings, plus not getting the result they wanted and thus the political fallout, I suspect that Trump is more likely to win a second term than the UK to have another referendum on the EU and Brexit...

                  But I suspect that the problem is that many are framing Brexit in terms of appeasing those who voted Leave and explicitly appeasing the more vocal "Brexit at any cost" supporters and thus ignoring the fact that 2-in-3 voters did not explicitly vote for Brexit, plus from the analysis of the original referendum result it is clear that all those who voted for Leave did not vote for the same Leave.

                  Thus in seeking a Brexit agreement, the Conservatives firstly have to agree among themselves - something they are finding increasingly difficult :) and secondly agree on something that can carry the Brexit label and hence enable them to declare they have delivered 'Brexit'. Given this agreement is going to upset various parts of the electorate, the question is which parts are you prepared to upset? I suggest you can reasonably safely marginalise the extremes ie. those who want Brexit at any cost...

  2. Anonymous Coward
    Anonymous Coward

    A slight reversal then

    These days we depend on Germany for democracy and resistance to tyranny.

    How long is it going to take us to learn the same lessons?

    1. MacroRodent Silver badge

      Re: A slight reversal then

      Yes, Germany looks like an extremely rare example of learning from history.

      1. Anonymous Coward
        Anonymous Coward

        Re: A slight reversal then

        "Germany looks like an extremely rare example of learning from history."

        Like er, next time we conquer Europe, do it with bribery corruption and stealth rather than tanks?

        1. Flocke Kroes Silver badge

          Re: "next time we conquer Europe"

          Who is "we", and how much progress has already been made?

    2. kain preacher

      Re: A slight reversal then

      #45 and the GOP says nie. HAIL VICTORY HAIL VICTORY .

  3. Ah Beng

    Stop the rot!

    Hey Europeans,

    Sort this out. Your tech sector deserves much better, as do your citizens.

    As for you UKers, well you seem to have given yourselves a jolly good brexit. I propose sixteen years on the naughty chair, facing the wall, and we'll talk afterwards.

    Kind regards,

    Ah Beng

  4. Anonymous Coward
    Anonymous Coward

    Oh! the pretty patterns

    I just love watching the ripples in the corruption that comprises the EU and its satellite NGOs.

    It makes such pretty patterns.

    Its like giving the Italian cop your passport with 1000 lire note in it on a huge scale.

    1. Anonymous Coward
      Anonymous Coward

      Re: Oh! the pretty patterns

      "Italian cop your passport with 1000 lire note"

      Nice to see you're up to date on world affairs.

      1. 2+2=5 Silver badge

        Re: Oh! the pretty patterns

        >> "Italian cop your passport with 1000 lire note"

        > Nice to see you're up to date on world affairs.

        The cop might be a numismatist. ;-)

      2. Anonymous Coward
        Anonymous Coward

        Re: Oh! the pretty patterns

        Up to date? I'm ahead of the curve.

        You dont think the Euro will last another 5 years do you?

      3. Anonymous Coward
        Anonymous Coward

        Re: Oh! the pretty patterns

        Not sure a 1000 lire note would have got you very far even when they existed (hint: used to be something like 1 GBP = 2000 lire)

        1. Steve Evans

          Re: Oh! the pretty patterns

          I'm not even sure there was a 1000 lire note!

          IIRC I've got a 1000 lire coin kicking round at home somewhere. It was worth £0.42p when I got it.

    2. Anonymous Coward
      Anonymous Coward

      Re: Oh! the pretty patterns

      "Its like giving the Italian cop your passport with 1000 lire note in it on a huge scale."

      I don't know about Italy but my company had to engage a lawyer in Mexico to get me off the charge of failing to bribe a customs official not having exactly the right picture in my business visa.

      It was a double whammy because the customs official had a special, illegible version of the passport stamp so that they could also claim you had not had your passport properly stamped.

      I have never had that happen in Italy, even in the days of Lire.

  5. Tromos

    "a specific date for the decision is presently not foreseeable"

    I think I can predict the date. Remind me. When is Batistelli's term up?

    1. Anonymous Coward
      Anonymous Coward

      Re: "a specific date for the decision is presently not foreseeable"

      about 2099 or 10 years after his death, whichever is comes last, if he gets his way.

    2. Doctor Syntax Silver badge

      Re: "a specific date for the decision is presently not foreseeable"

      "When is Batistelli's term up?"

      When will Batistelli concede his term is up?

      FTFY

  6. Brewster's Angle Grinder Silver badge
    Devil

    To be read in as Eric Cartman: "Goddamit Kieren! Why do you have to keep posting this politically correct clickbait nonsense?!"

  7. Def Silver badge
    Coat

    two-thirds majority

    I can think of a few other instances where that would have been a good idea.

  8. John Smith 19 Gold badge
    Unhappy

    So it seems the heat of the EPO is a autocratic Ahole of the first order

    Whose departure would be much better sooner rather than later.

    BTW that picture of the German Eagle in dot matrix form. Is that how it really looks in the court, or was it mocked up for the article?

    1. NonSSL-Login
      Coat

      Re: So it seems the heat of the EPO is a autocratic Ahole of the first order

      The wall is a large version of the Pin Art toys you push your face through. They just pushed a dead eagle in to the pins from behind...

    2. Flocke Kroes Silver badge

      Re: So it seems the heat of the EPO is a autocratic Ahole of the first order

      I think he is doing an excellent job of screwing up the patent system. Can I vote him a second term in office?

    3. kierenmccarthy

      Re: So it seems the heat of the EPO is a autocratic Ahole of the first order

      Re: the eagle. Yes, that's how it looks in court.

  9. Alistair
    Windows

    I'm astonished.

    ---

    1) that Batshitstelli is *still* employed at all

    2) that it appears that *somewhere* there is both some legal and political will to document why he will be tossed under the first bus down the street after his term is up

    3) That Kieran and I agree 100% on this ego-maniacal tyrant.

  10. Gobhicks

    Truth, good story etc...

    In actual fact, the EPO has got nothing to do with the UPC* and the Batistelli story, entertaining and simultaneously depressing as it is, is completely irrelevant to the German holdup.

    *The EPO will grant the patents that will be litigated in the UPC but it has NOTHING AT ALL to do with the UPC itself.

    1. Bakker

      Re: Truth, good story etc...

      Yes and no. Under Battistelli the EPO has been a driving force and is, for example, training the judges who will be patent courts in each member state. While it is an EU patent, the EU has little or no in-house knowledge. Without the EPO the system would be a non-starter.

    2. diodesign (Written by Reg staff) Silver badge

      Re: Truth, good story etc...

      "the EPO has got nothing to do with the UPC"

      Apart from granting them – and, for years, spent a lot of time, money and effort promoting UPC, is a huge cheerleader and advocate of UPC, and stands to gain a lot from the UPC coming into force.

      So yeah, nothing to do with UPC, lol.

      C.

  11. Daniel von Asmuth
    Paris Hilton

    I don't understand

    Does this mean that if Germany stays in the EU, then the Brusselian Empire will declare patents invalid and unenforcable in all its realms, or would Germany fight for independence and freedom from patents?

  12. aberglas

    Software Patents

    The problem with any unified patent court is that it will become part of the patent industry. And thus strongly inclined to widen the scope of patentability. That is what happened in the US.

    Currently, the law states strongly that software "as such" is not patentable. The EPO interprets that to mean "unless it runs on a computer"(!), and thus grants lots of patents, which are probably not enforceable by any normal national court. But a unified patent court controlled by the EPO would almost certainly decide that software is in fact patentable.

    The fight against European software patents has been long and ongoing. Do you really want to follow the Americans there?

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Biting the hand that feeds IT © 1998–2021