Bonum Certa Men Certa

New Paper Explains Why UPC Ratification Efforts Have Been Just About as Corrupt as EPO Under Battistelli

Related: Guest Post: Is Germany's UPC Ratification Postponement Related to Problems at the€  EPO?

"When asked by Ars, the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

--Dr. Glyn Moody



Ingve Stjerna paper



Summary: Yesterday, Dr. Ingve Björn Stjerna revealed serious Constitutional issues with the campaign for the Unified Patent Court, which resembles an aggressive Battistelli-esque coup, not a democratic process by any stretch of imagination

THE latest whitepaper from Ingve Björn Stjerna is out. It was published yesterday and several readers have already told us about it. This serves to reaffirm some of the things we wrote earlier this summer, in particular what we wrote about the anonymous complaint (probably anonymous for fear of personal attacks and more underhanded tactics by Team UPC).



“...it's highly similar if not identical in other countries, where UPC 'watchers' are simply absent and thus, owing to darkness (lack of transparency), Team UPC and its ilk can make progress in the shadows (behind closed doors and with zero participation from the public).”
We have a similar situation elsewhere, albeit no Constitutional complaints, at least not yet. Yes, it's highly similar if not identical in other countries, where UPC 'watchers' are simply absent and thus, owing to darkness (lack of transparency), Team UPC and its ilk can make progress in the shadows (behind closed doors and with zero participation from the public). As we noted here before, this is definitely what's happening in the UK.

Every week we find new evidence of lawlessness that has spread well outside the EPO, e.g. to ILO, to European authorities, and much further.

We have basically sunk to state of disarray, where those who are rich and powerful want to get their way no matter what, irrespective of what's actually legal. EPO workers will know the feeling...

“The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen.”
      --Ingve Björn Stjerna
"A new article by Ingve Stjerna," one reader told us, discusses the "The Parliamentary UPCA ratification proceedings in Germany" and the summary/abstract from the 9-page paper in English [PDF] says this: "The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen. It shows the extensively used practice of so-called “second class adoptions” in which legislative decisions are made by a materially inquorate Parliament, because nobody raises the objection necessary for the annulment of the session. It was in this manner that the legislative acts on the UPCA were unanimously adopted by 35 cheerful Members of Parliament (“MPs”) in the second and third reading in the early morning hours on 10/03/2017. Five further unanimous decisions add to this picture. After the vote, all groups represented in the German Parliament denied providing the names of the participating MPs, three of four contacted MPs also rejected talking about the matter. A report on German law-making in the year 2017, in which the institutions involved could not care less about the German Constitution."

The paper/article begins with lots of references to German law (legalese, numbers and procedure names). It then comes to the point about a nefarious vote at 1:30 AM. Concealing of the voters’ names turns out to have ensued! To quote: "Even more remarkable experiences ensue for those trying to find out the participants of the vote on 10/03/2017 from the Parliamentary groups. At the end of April 2017, I sent the following request to all four Parliamentary groups of the current Bundestag (translation from German): "On the early morning of 10/03/2017, the German Bundestag has discussed the Act on the Agreement of 19 February 2013 on a Unified Patent Court (BT printed matter 18/11137) in its second and third reading and has unanimously approved it. This session at 1:30 a.m. was attended by approx. 35 MPs. [about 5% of the total] Could you please let me know which MPs from your Parliamentary group participated in said vote?”"

“This session at 1:30 a.m. was attended by approx. 35 MPs.”
      --Ingve Björn Stjerna
Here is the reply he got: “Please understand that I am unable to provide to you the names of the MPs who have participated in the vote."

And then it says: "I had assumed that the decision for what there is “a reason” is made by the citizen in his enquiry, but apparently that was a misunderstanding. Particularly in case of a pitiful attendance of only 35 MPs, the TV recording covers all participating persons without a problem. According to the CDU/CSU group, the right of the public to know the participants of a vote is nonetheless limited to roll-call votes, no such right exists beyond. It is unknown why they are eager to keep the names of the attending MPs a secret. [...] Of course, in case of a public session the secrecy apparently desired by all Parliamentary groups ultimately cannot be secured which makes this attitude all the more surprising. Especially in cases with only a few MPs attending as presently, those willing to invest the necessary time will mostly be able to achieve a clear identification by comparing the TV recording with the MP profiles on the Parliament website. The 35 MPs unanimously voting in favor of the draft Ratification Act and the draft Implementation Act on 10/03/2107 seem to have been the following..."

“It is unknown why they are eager to keep the names of the attending MPs a secret.”
      --Ingve Björn Stjerna
He finally gives list of names (inferred from the video) and notes that "17 of these 35 MPs are members of the RA-BT which led the the deliberations on the drafts, 12 are lawyers. It seems that the RA-BT has not only been in charge of deliberating the drafts, but also of the adoption decisions in Parliament."

Maybe that's why they wanted their identities to remain an enigma.

He continues: "In the middle of May 2017, after the Parliamentary groups had denied any information on the participants in the vote, I asked the respective MPs of these groups responsible for Düsseldorf as my place of residence for a personal meeting during their “citizen’s consultations” in order to find out about the reasons for the secrecy."

He notes that people voted on something they did not even understand or were grossly misled on. To quote: "As regards the decision-making in Parliament on 10/03/2017, speeches were put on file, especially by the rapporteurs of the Parliamentary groups, which again demonstrate a striking lack of knowledge about the topic in question."

Then there's the "SMEs" theme of lies. UPC-like regimes would harm SMEs, but law firms that claim to speak 'on behalf' of SMEs keep lying about it to the media (sometimes to SMEs also). To quote: "As is known, small and medium-sized enterprises (“SMEs”) are given said “substantial discount” – when fulfilling the respective conditions – only on the court costs at the Unified Patent Court (“UPC”). These, however, by and large correspond to the court costs of respective German proceedings, making them a much smaller problem than the reimbursable representation costs."

“Particular attention should be paid to the comments on abolishing the national patent system.”
      --Ingve Björn Stjerna
Regarding the people involved: "The task of the European Patent Office is apparently unknown to him."

Well, few of them know or care. That's why the EPO has managed to get away with some serious violations of German law, for example. Quoting further: "The speeches once again demonstrate that none of the persons involved has even the faintest realistic understanding of the contents of the patent reform. The high costs are qualified as a necessary evil and are willingly accepted, while, sometimes in the same breath, it is alleged that the reform would lower costs and lend support to SMEs. Particular attention should be paid to the comments on abolishing the national patent system. Still in the EU legislative proceedings it had been underlined that the reform meant to strengthen the users’ freedom of choice."

Well, mentioned then is Klaus-Heiner Lehne, whom we wrote about half a decade ago [1, 2, 3, 4]. The man is a total sham and it disgraces the entire system; we have not heard of him since, so maybe he tactfully retreated after whatever he had done (only to get caught).

“Those recklessly pushing a project like the patent reform regardless of any obvious legal risks and without their proper assessment as if there was no tomorrow, as it has now happened repeatedly, are willingly accepting that precisely the latter might at some time become a reality – for the legislative project.”
      --Ingve Björn Stjerna
"Against this background," concludes the paper, "it does not come as a surprise that different references to possible risks from Constitutional law have been ignored by the operators, although in case of a transfer of sovereignty rights the settled case law of the BVerfG requires all constitutional bodies, authorities and courts to ensure that the respective requirements of the Grundgesetz are met. Apparently, not much regard has been paid to this despite the “reminder” in Art. 84(2) UPCA, demanding a ratification “in accordance with the respective constitutional requirements of the Member States”, in order to be able to enact the reform as quickly as possible. Those recklessly pushing a project like the patent reform regardless of any obvious legal risks and without their proper assessment as if there was no tomorrow, as it has now happened repeatedly, are willingly accepting that precisely the latter might at some time become a reality – for the legislative project."

For the sake of readers from Germany, the same paper is available in German and we encourage readers to have a look and gain insight into the likely basis of this now-famous complaint rather than speculate based on deliberate lies from Team UPC. This is European democracy besieged by "special interests" (to put it politely). This is why we fought this thing for nearly a decade; Ingve Björn Stjerna published books on the subject.

Recent Techrights' Posts

[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
 
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day