Nonprofit Argues Germany Can't Ratify the 'Unitary Patent' Because of Brexit (ffii.org) 64
Long-time Slashdot reader zoobab shares this update from the Foundation for a Free Information Infrastructure, a Munich-based non-profit opposing ratification of a "Unified Patent Court" by Germany. They argue such a court will "validate and expand software patents in Europe," and they've come up with a novel argument to stop it.
"Germany cannot ratify the current Unitary Patent due to Brexit..." The U.K. is now a "third state" within the meaning of AETR case-law, [which] makes clear that:
"Each time the Community, with a view to implementing a common policy envisaged by the Treaty, adopts provisions laying down common rules, whatever form they may take, the Member States no longer have the right, acting individually or even collectively, to undertake obligations with third countries which affect those rules or alter their scope..."
This practically means that the ratification procedure for the Agreement on the Unified Patent Court must now come to an end, as that Agreement no longer applies due to the current significant changes (i.e. Brexit) in the membership requirements of its own ratification rules.
The nonprofit also argues that the Unitary Patent "is a highly controversial and extreme issue, as it allows new international patent courts to have the last word on the development and application of patent law and industrial property monopolies including, more seriously, the validation and expansion of software patents, that is the key sector on which whole industries and markets depend."
"Germany cannot ratify the current Unitary Patent due to Brexit..." The U.K. is now a "third state" within the meaning of AETR case-law, [which] makes clear that:
"Each time the Community, with a view to implementing a common policy envisaged by the Treaty, adopts provisions laying down common rules, whatever form they may take, the Member States no longer have the right, acting individually or even collectively, to undertake obligations with third countries which affect those rules or alter their scope..."
This practically means that the ratification procedure for the Agreement on the Unified Patent Court must now come to an end, as that Agreement no longer applies due to the current significant changes (i.e. Brexit) in the membership requirements of its own ratification rules.
The nonprofit also argues that the Unitary Patent "is a highly controversial and extreme issue, as it allows new international patent courts to have the last word on the development and application of patent law and industrial property monopolies including, more seriously, the validation and expansion of software patents, that is the key sector on which whole industries and markets depend."
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Re: And the Britons can ban Coronavirus travelers (Score:1)
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Self-determination! Those crooked sycophants and demagogues to the northeast
demagogue | dema gäg |
noun
A political leader who seeks support by appealing to the desires and prejudices of ordinary people rather than by using rational argument.
.
Ring any bells?
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Obama?
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If Obama did that he did so by just being born with a particular skin color...
Like the Old Saying Goes . . . (Score:4, Funny)
Re:If only the NWO can save us! (Score:4, Insightful)
You are the second retard I've encountered now that thinks the EU should keep treating the UK like it was still in it.
Repeat after me: if I say "I'm not going to listen to your rules", that is NOT the same as me telling you what to do.
Re: If only the NWO can save us! (Score:1, Troll)
Lol you are so butt hurt it's only making brexit sweeter.
Self determination and civic pride makes commie losers burst at the seams world wide.
Also you are so Bourgeoisie its not funny. Hope you like farming, because you are going to spend a lot of time digging in the dirt once Russia unplugs the EU.
Re: If only the NWO can save us! (Score:1)
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Playing the "racism" card is a sure sign that your argument is weak. It's been thrown around so much that it's lost all effect. What do you suppose will happen one day if you should stumble across an actual racist, and people ignore you over your demonstrated history of crying "wolf?"
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Lol you are so butt hurt it's only making brexit sweeter.
You have no idea what this makes you sound like, do you?
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Brexit is a lie just like the cake. The UK is on its own and vulnerable whatever happens in the EU.
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Seeing the ugly, authoritarian responses from EU-ites just makes everyone even more sure that Brexit was the right move.
Yes, the EU wanting to set their own rules, and not be governed by a third country who contributes no taxes is like soooo authoritarian. My god the anti-EU people are such delicate snowflakes. If a Frenchman so much as breathes in your direction, you shit yourself with rage and start ranting about fascism.
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But the EU should be able to set the UK's rules? Awkward...
My god the anti-EU people are such delicate snowflakes. If a Frenchman so much as breathes in your direction, you shit yourself with rage and start ranting about fascism.
This is pure, 100% psychological projection. It's what referred to as projection. You see it a lot among the more left-leaning crowd. They will actually project their own personal bias/prejudice upon another so as to make themselves look as if they stand taller. Not only does i
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That is not following EU rules, that is setting EU rules.
It's like people complaining about the HoA that they themselves vote in.
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worse!
no squishy French cheese. :-)
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We left the club, we are a competitor, that is what happens when you leave the club and is why 48% of us thought Brexit would be a stupid thing to do.
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So, that makes it OK to harm and destroy other nations? You don't see how this goes against the founding ideals of the EU?
we now have no say in the rules/standards and we have to suck them up or no trade happens with them.
What!! Can't tell if serious.jpg. First of all, that's a ridiculous surrender attitude. Stiff upper lip and British bulldog stubbornness will win the day. Second, the EU has a lot more to lose from embargoing the UK than the reverse.
All the UK has to do is set its tax rates lower
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Who are you educated by? Because they obviously suck worse. Had the UK stayed in the EU, they could have negotiated the law. But they left. So why should the EU let the UK have any more say in what it does? The UK can do what it likes, but at no point does the EU have to listen to them. You are the second retard I've encountered now that thinks the EU should keep treating the UK like it was still in it.
Actually, this is the opposite of the position of the EU, which has said that it expects the UK to follow EU rules and be bound by the rulings of the ECJ, if the UK is to maintain partial market access, despite the fact it has granted identical market access to other countries like Canada and Japan, without similar requirements for rule-taking.
I think you'll find that is the EU who wish to force their rules on the UK, rather than the other way around:
https://www.bbc.co.uk/news/uk-politics-51538491
When
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Actually, this is the opposite of the position of the EU, which has said that it expects the UK to follow EU rules and be bound by the rulings of the ECJ, if the UK is to maintain partial market access, despite the fact it has granted identical market access to other countries like Canada and Japan, without similar requirements for rule-taking.
Their market, their rules. We're not a member, and we said we're not going to pay so why on earth do you think the EU is obligated to give a crap about what we want?
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They also effectively had a bigger vote as the UK and Ireland always voted together, they had meeting prior to a vote to be on the same page..
Now we are out, its follow their rules or don't get access to the market - normal procedure for trade rules.
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sorry, the UK only voted against 2% of EU rules etc and all to do with stopping tax avoidance/evasion.
Why are you sorry? You're rebutting the thing I quoted from the parent post. That's agreement with me.
Now we are out, its follow their rules or don't get access to the market - normal procedure for trade rules.
I'm truly astonished that so many people are both surprised and angry about this. WHAT THE FUCK DID YOU THINK WOULD HAPPEN?
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This is essentially the same problem many Americans have with China: China has access to our markets but doesn't have to play by the same rules American companies it competes with.
If that situation is unacceptable, you have three possible ways to deal with it:
(1) Insist China follow our rules for goods it sells here.
(2) Start restricting China's access to US markets.
(3) Start following rules China makes here.
Pick whatever approach you think is right for the US in dealing with China. Why wouldn't that same
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The Canada deal took 8 years to agree and contains a lot of fine detail that protects each side, it is not a "free trade" deal that the UK seems to expect without any detail.
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The justification is simple - proximity. Canada and Japan are far away from the EU - it's very hard to siphon job from the continent and give it to a Japanese or Can
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>"Had the UK stayed in the EU, they could have negotiated the law. But they left. So why should the EU let the UK have any more say in what it does? The UK can do what it likes, but at no point does the EU have to listen to them."
Had the UK thought the EU was listening to them before, they probably wouldn't have left the EU. I think the UK cares more about what the UK wants than to possibly influence the rest of the EU on matters like this.
Re: If only the NWO can save us! (Score:2)
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The EU rules were 98% agreed with by the UK, I would hardly call that "not being listened to".
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Let me rephrase what they're saying here:
"we can't ratify this because Japan is not a member of the bloc".
The UK, Japan, Tuvalu and others are not bound by EU laws so they are basically using it as an excuse to dump laws that they (ie their business lobbyist paymasters) didn't really want anyway.
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You can straight up buy Tuvalu residency. It's cheap too.
Looks like a nice island getaway to live in to be honest.
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You can straight up buy Tuvalu residency. It's cheap too.
Looks like a nice island getaway to live in to be honest.
Apparently it's sinking [theguardian.com]
Re: If only the NWO can save us! (Score:2)
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Actually the UK helped form the EU precisely because of those wars. And it worked, war between Western European countries is unthinkable and impossible now.
The real problem is that Britain overestimated its power. It won't even be able to avoid the UK breaking up now. Pooled sovereignty is much stronger than an individual declining nation and the EU is about to demonstrate that, followed by the US.
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Re: If only the NWO can save us! (Score:2)
Lol Victoria Nuland single handledly sunk your EU super power when America seized the oil fields of Sudan.
Fuck the EU
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The real problem is that Britain overestimated its power.
You say that as if this was some kind of tactical blunder. The truth is that the UK has been lukewarm for decades and declined to participate in many of EUs big projects like the Eurozone and Schengen. They've always tried to keep as tight bonds with the US as possible rather than wholeheartedly participate in this new European unity. Maybe they were told lies about how the grass would be greener on the other side, but it's also no doubt they were rather miserable with the status quo. People wanted change,
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The vote to leave did not include any mention of becoming a satellite of the US instead. This is going to come as a rude awakening to most Brexit fans.
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The EU was put together by the US specifically against UK interests and wishes. Obviously, there were splits both in the US and the UK, but by and large the EU was intended to counter the ability of the UK to rebuild after the war, leaving the field to the US and Russia.
The EU is a basket case, politically speaking. The UK is too but now we can actually do something about it. British politicians have not yet realised just how much things are going to change now we're out.
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It was so against UK interests and wishes that the english have begged for years to be allowed in.
By the way, how exactly has the EU hindered rebuilding?
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The EU was put together by Germany and France as "the Iron and Steel Federation" after the second world war in order to physically rebuild all of the infrastructure that had been bombed flat in the war - and to ensure that trade friction did not lead to further wars. No reparations that destroyed Germany after the first world war and led to the election of their populist authoritarian government the led to the second world war. Europe was sickened by war and wanted no more nationalists having an opportunity
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That was a 1950-1970 set of deals between France and West Germany..
Not the UK..
Re "EU is about to demonstrate that"
Thats why the UK voted to exit the EU.
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Did you know that it was actually Churchill who pushed for the EU to be created. If course back in the 50s it was a set of trade deals but the basic idea of interdependency was the goal.
When the UK joined Thatcher was all for it. It was actually the socialists who didn't want to join because they were worried about worker's rights and sovereignty. How wrong they were, now socialists are the ones trying to preserve the rights and sovereignty that there EU provided as our own government tries to destroy them.
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As the wags put it years ago, with Brexit, Germany is now 0-3 in attempts to conquer Europe.
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Third countries? (Score:2)
All nations want the laws? Accept...
Cant get the numbers to add up? Vote again.
The UK is out of the EU so that is not an issue.
Its an EU nation matter to vote for or not...
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Cant get the right result? Vote again.
FTFY
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EU Software Patents (Score:4, Informative)
The European Commission acknowledged in 2012 that the unitary patent is not safeguarded against the granting of software patents by endorsing the EPO teaching:
https://blog.ffii.org/unitary-... [ffii.org]
It's time to get out of the woods again.
Software patents (Score:2)
Anyone who says the software industry depends on patents either is purposely misleading people or has no clue how the tech industry really works. The only people who really benefit from software patents are lawyers and patent trolls, most major tech companies have public positions AGAINT software patents and only participate in their own filings for protection... the whole thing is a giant shell game. Patents donâ(TM)t make any sense in software because the industry moves so fast that lifetime of a pat
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Oh, I think the software *industry* is dependent upon patents. That doesn't mean that software patents accomplish anything for consumers.
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