Bonum Certa Men Certa

Concerns About Stephan Harbarth's Unitary Patent (UPC) Vested Interests and His Entrance Into the Constitutional Court That Decides on UPC

António Campinos for UPC
Source



Summary: Dr. Ingve Björn Stjerna's complaint about the Unified Patent Court Agreement (UPCA) in light of the newly-appointed judge at the Federal Constitutional Court (“BVerfG”), who moves there from the Bundestag (at the centre of Stjerna's complaint because of a notorious vote by a fraction of members at 1AM in the morning)

THE previous post noted that software patents granted by the European Patent Office (EPO) would likely not withstand scrutiny in European courts -- the same thing that's happening at the U.S. Patent and Trademark Office (USPTO) because of SCOTUS and 35 U.S.C. €§ 101. On his first week on the job António Campinos publicly promoted the UPC, which is means for bypassing European courts. Knowing Team UPC, we remain concerned that they'll pull dirty tricks -- even outright corruption -- as they did before.



"Knowing Team UPC, we remain concerned that they'll pull dirty tricks -- even outright corruption -- as they did before."Just before the weekend the patent trolls' lobby or propaganda mill IAM, which the EPO had paid to promote the UPC, spoke of "pharma UPC strategies" under the heading "Getting to the heart of the life sciences patent debate" (link omitted intentionally). Why would they suggest such a strategy after admitting that the UPC is likely dead?

As it turns out, there's this latest update from the complainant against UPC/A in Germany. In his own words:

On 30/11/2018, Prof. Dr Stephan Harbarth, a Member of the German Parliament (“Bundestag”) for the Conservative party (“CDU”) was appointed judge at the Federal Constitutional Court (“BVerfG”), where he is since chairing the First Senate (cf. the press release of the BVerfG of 30/11/2018 [German language]). Previously, the majority of the German Bundestag had approved his appointment on 22/11/2018 (see Plenary Protocol 19/65, p. 7447, 7454 [German language]). He was also elected as Vice-President of the BVerfG by the Federal Council (“Bundesrat”) on 23/11/2018 unanimously (see Plenary Protocol 972 [German language], p. 411), which designates him to succeed the current President of the BVerfG after the expiry of the latter’s term of office in two years’ time.

This matter is also of interest for constitutional complaint proceedings 2 BvR 739/17 on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany.

Mr Harbarth, Member of the Bundestag since 2009, was a deputy chairman of the Conservative parliamentary group (“CDU/CSU”), the largest in the German Bundestag, and was also practicing as a lawyer. In the latter function, he was managing partner of the law firm SZA Schilling Zutt & Anschütz and was among the Members of Parliament with the highest additional income. In view of his election as a BVerfG judge and the resulting statutory incompatibilities (cf. sec. 3(4)1 Act on the BVerfG [“BVerfGG”]), he has meanwhile resigned from his seat in the Bundestag and suspended his admission to the bar; he has also departed from the aforementioned law firm.


This was publicly mentioned yesterday by Benjamin Henrion (FFII) on a couple of occasions [1, 2]: "A Unitary Patent Court public consultation in Germany was denied/postponed thanks to Mr Harbarth, a CDU/CSU politician that is now becoming member of the Constittutional [sic] Court, that has to rule on the Stjerna's complaint! Insane! [...] UPC German Constitutional Court now infected by patent believers "In the past, Mr Harbarth has strongly supported the European patent reform"..."

"It is also worth remembering that a UPC booster, Dr. Ernst, got a high-paying job (Vice-President) by appeasing Battistelli and then Campinos."Are we seeing interest groups walking in the courtroom? Seeing what they previously did in the Bundestag, it would not even be their biggest scandal to date.

It is also worth remembering that a UPC booster, Dr. Ernst, got a high-paying job (Vice-President) by appeasing Battistelli and then Campinos. He started the job a month ago, becoming subservient after being a fake 'boss' to these two Frenchmen, who are connected to Team UPC. This picture says it all because a very major booster of UPC was all along Michel Barnier (shown below with his fellow Frenchmen):

The three Frenchmen



It's all about vested interests. The three Frenchmen above have plenty to gain by tilting the court into French presidency (allocated to France, with some rumours about Battistelli being 'reserved' for the job). This brings us to the following new comment from Kluwer Patent Blog:

...do not underestimate AC members. AC members may do more than cashing allowance and perks. Some have been smarter and taken their position to advantage to reach top management positions within the EPO.

An interesting case in the history of the relationship between the AC and EPO management is the turning down of the EPO proposal for 3-year deferred examination by the AC. The reason was money : by prolonging pendency, the proposal would have enabled the EPO to collect renewal fees for a longer time, and as you know, the EPO gets 100% of renewal fees for pending applications while it gets only 50% of renewal fees collected by member states after grant.

The EPO has recently launched a new online consultation on this topic, apparently to prepare for a new bid to the AC. It remains to be seen what will be the position of the current president.


The EPO is a corrupt institution; Team UPC is looking to benefit from corruption because all it cares about is increasing the amount of litigation and lowering the patent bar (closely related and correlated to this). What better way than to write the law themselves and put their moles in charge of the entire system, including courts at multiple levels? There's plenty of money at stake and lawyers wish to tax the public as much as possible.

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
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
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
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
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