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Posted in Europe, Patents at 9:20 am by Dr. Roy Schestowitz
Battistelli not only undermined the UPC; he harmed the perception of justice in the EU/Europe
Summary: The far-reaching and deeply damaging impact of Battistelli (e.g. on the image of France, Europe, Dutch/German parliaments and ILO among others) means that the Unified Patent Court (UPC) is already in the ashtray of history along with his sponsored ‘studies’ that tell nothing but lies
Another nail in the UPC coffin was discovered and discussed over the weekend, e.g. [1, 2, 3]. Putting all their spin aside, a new British Government document says or speaks of “ending the jurisdiction of the CJEU in the UK, with no more preliminary references from UK courts…”
“The UPC is fundamentally dead for many reasons other than ‘Brexit’.”EPO scandals have contributed to the death of the UPC, even well before the so-called ‘Brexit’ referendum. And sure, there are now many additional barriers, including in countries like Spain, Hungary and Germany.
The vision of EPs becoming unitary ‘patents’ — or the Unified Patent Court (UPC) in general — is dead. Team UPC should just get over it and move on. As for British ratification, it was a meaningless publicity stunt. In 2016 Lucy said they’d ratify. She didn’t. Then came Jo (Jonhson). He said he would ratify. He couldn’t. Then came Sam, who needed a PR ploy on “World IP Day”. So they ‘ratified’… something which was inherently incompatible with ongoing processes. The UPC is fundamentally dead for many reasons other than ‘Brexit’. We didn’t need to (fore)see the unfortunate ‘Brexit’ travesty to know that.
“Only a crazy nation (or nation whose politicians are sufficiently corruptible) would let a court system be managed by a bunch that refuses to obey courts.”To us, ‘Brexit’ (which I personally oppose) wasn’t the main hurdle preventing the UPC from materialising. Battistelli’s abuses and hiring of thugs or criminals was enough. Later came further attacks on judges, unions, the law itself, and of course refusal to obey court orders. Only a crazy nation (or nation whose politicians are sufficiently corruptible) would let a court system be managed by a bunch that refuses to obey courts.
Put another way, the “B” which killed UPC wasn’t ‘Brexit’ but Battistelli. He ‘knifed’ his own baby like some biblical lunatic. █
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