Re: All hail the climate God!
To be fair, I don't see that it's making Greens rich, but it does wonders for their self-esteem. "Half of the harm That is done in this world..."
9 posts • joined 12 May 2012
Growth pays for better lives. For me it may be a larger telly, for others in the world it may be health and education for their children. The physics of climate change may be fine - the economics and politics are far less certain. We should spend money and effort where it will do most good. Does this really mean building windmills?
Prior art is not relevant at present. The German Court won't consider it in an infringement action. Motorola would need to take a separate revocation action before a separate Court. Quite likely they would win, but it would take years and meanwhile the infringement ruling stands.
The real concern is that this system is about to be extended to the whole of Europe. Under the Unitary Patent, everyone will be sued in Germany, be injuncted and have to stop 'infringing' patents of very dubious validity. This is being done because " this is an issue of crucial importance for innovation and growth" (sic - van Rompuy). There is a faint hope that the UK may stand out against this, but Germany wants the system. The decision will be taken on 30 May. Don't just sit there, email your MEP!
No. It makes sense to site in UK, because most EPO patents are in English, and the actual words are important. And English is the language, not only of international business, but of European businesses that operate in more than one country.
But none of that is the real reason for having the Court in UK. That is because the new system tries infringement separately from validity. Infringement is decided quickly - validity (in Continental courts) may take years - maybe five years or more. So you can be put out of business by an injunction that - years later - proves to have been wrongly granted.
Best would be to try validity and infringement together. But the Germans won't have that. If so, the only answer is to have the Court in London - where a decision on validity can be obtained in less than a year. This is the only hope for a fair and workable system.
Biting the hand that feeds IT © 1998–2020