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Germany will violate international agreements with Unitary Patent, says FFII

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Re: Germany will violate international agreements with Unitary Patent, says FFII

#141

Post by chki »

Quanttek wrote: post #128

I am not an expert on international law but I am 99% sure that the legal arguments in the text are partially wrong. Yes, some aspects of the UPC are not great but it should rather be opposed on public policy grounds, i.e. negative effects software patents and increased cost of litigation (and maybe that should've been done during the negotiations on the treaty). It's a bit difficult to discern their argument as the t…

This is a very good point. From a legal standpoint this article is highly questionable. I understand that there are political issues with this project (on which I'm also not an expert) but this should be clearly distinguished from the legal side of things.

Re: Germany will violate international agreements with Unitary Patent, says FFII

#142

Post by fastball »

jakearmitage wrote: post #59

If this was the US, HN would be all over this. Instead, it is rationalizing it. Interesting.

1. Most people in the thread seem against this.

2. Maybe it was more true when you posted 2 hours ago, but that is exactly why comments like this one are not helpful.

Re: Germany will violate international agreements with Unitary Patent, says FFII

#143

Post by zoobab »

Quanttek wrote: post #128

I am not an expert on international law but I am 99% sure that the legal arguments in the text are partially wrong. Yes, some aspects of the UPC are not great but it should rather be opposed on public policy grounds, i.e. negative effects software patents and increased cost of litigation (and maybe that should've been done during the negotiations on the treaty). It's a bit difficult to discern their argument as the t…

"opposed on public policy grounds, i.e. negative effects software patents and increased cost of litigation (and maybe that should've been done during the negotiations on the treaty)."

Problem is that the Court Fees were decided after the treaty has been signed, by this administrative committee.

And they are defeating the purpose of "making the whole system cheaper", as it would raise the cost of litigation for a simple case.

We warned about this problem long ago, with the predecessor of the UPCA, the EPLA:

http://epla.ffii.org/analysis

"A litigation case before the EPLA court will at least be twice as expensive as litigation before the national courts of Germany, France or the Netherlands."

Stjerna's analysis of the cost situation is roughtly the same, a 3 fold increase for a simple case:

https://www.stjerna.de/files/Unipat-Affair.pdf

Re: Germany will violate international agreements with Unitary Patent, says FFII

#144

Post by usr1106 »

Roritharr wrote: post #103
_Microft wrote: post #77

Earlier quoted context omitted.

I'm german and it's the first time I hear someone calling her corrupt or nepotistic.

Never heard the term "Berater-Affäre"?

I guess nobody who does not speak German can understand or use such term. I'd translate it with consultantgate, but then I am not a native speaker of English. I don't think European media is integrated enough that there would be a term well understood in all EU countries.

Re: Germany will violate international agreements with Unitary Patent, says FFII

#145

Post by tick_tock_tick »

normalnorm wrote: post #63
raxxorrax wrote: post #9

The law itself makes sense in my opinion, but the way it was introduced makes the self declaration as being democratic a cheap farce. I doubt the EU will survive in its current state. 10 years ago that would have made me sad. There are enthusiasts, but not enough to make it work.

> I doubt the EU will survive in its current state. A lot of people desire this to be true, but that does not mean that it is. It is a particularly weird opinion to hold in the wake of the most recent challenge to its continuity -- the Brexit fiasco, with the EU having maintained a united front for more than 4 years, while the UK emerges out of it in a terrible state -- and the worst is yet to come. The EU is not per…

I don't understand how you can look at the world and honestly think the US is closer to collapse then the EU. Also what world do you live in where the EU is doing better then most of the world? Half the EU countries are in the top 20 deaths / pop.

Re: Germany will violate international agreements with Unitary Patent, says FFII

#146

Post by zoobab »

blibble wrote: post #131
jariel wrote: post #111

Earlier quoted context omitted.

This is essentially not true and misunderstanding of why the EU exists in the first place. "When 'one day' it's presedential it will be voted for by the European parliament." And who will propose and design the legislation? The Executive! Definitely not elected MEPs, because they are barred from doing so! MEP's, in 2020 remain forbidden from initiating or enacting legislation. They have the bare minimum power to legi…

there's also the important point that once a law is passed, it's impossible for your elected representatives to remove it or even amend it the entire project is about centralising executive power, which necessitates removing it from national legislatures

Yes, it will be impossible to change. It will prevent states from issuing national clarifications to patent law on software patents for example. And the European Parliament won't be the legislator on patent law, as the EU is not member of the EPC.

Re: Germany will violate international agreements with Unitary Patent, says FFII

#148

Post by [deleted] »

lumost wrote: post #56
skocznymroczny wrote: post #25

Earlier quoted context omitted.

Conservative doesn't really mean much anymore on its own. CDU might be considered conservative by Western European standards, but it's liberal by Eastern European standards.

Are there any major pan-european parties? (that are taken seriously)

[deleted]

Re: Germany will violate international agreements with Unitary Patent, says FFII

#149

Post by iterativ »

skocznymroczny wrote: post #25
raxxorrax wrote: post #12

Earlier quoted context omitted.

With von der Leyen being president, I am pretty sure we make the wrong decision. Yes, some Europeans might think she looks sympathetic, especially those that don't know her well because of language barriers. That she is on the position is testament to the democratic dysfunction of the Union. Officially she is in a conservative party, which eastern European countries liked very much. If we want to take democracy serio…

Conservative doesn't really mean much anymore on its own. CDU might be considered conservative by Western European standards, but it's liberal by Eastern European standards.

They want more or less government spending ? They accept that the structure of the family will change ? Example, families with more than two parents (that is a real possibility due to overpopulation). They want less or more police ? Reform the prison system (even dissolve it), maybe ? What are their views on immigration ? Multiculturalism ? Should we tax the wealthy more or less ?

Of course, there are different political ideologies. It's not just a popularity contest.

Re: Germany will violate international agreements with Unitary Patent, says FFII

#150

Post by WanderPanda »

lippel82 wrote: post #129
fxtentacle wrote: post #107

Earlier quoted context omitted.

I'm surprised. I thought by now it was common knowledge that the corruptible involving her son and other more distant family members has cost the taxpayers 100+ millions.

What did her son have to do with anything? And quite frankly, even though the optics were probably not very good, I don't know of any corruption on the part of Ursula von der Leyen that was conclusively shown.

Yeah you don‘t know of any, because the evidence on her phone was „accidentally“ lost...
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