tag:blogger.com,1999:blog-5574479.post8297850737914392900..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: "The claim from Spain is heading down the drain ..." as Bot smacks challenge to unitary patentVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-5574479.post-84742478904456955112014-11-26T10:10:23.764+00:002014-11-26T10:10:23.764+00:00Does anyone know why it is taking so long for the ...Does anyone know why it is taking so long for the CJEU to publish the English translation of the Opinions, and/or when these might be expected?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13225802231053242602014-11-21T11:17:32.699+00:002014-11-21T11:17:32.699+00:00wasn't the biggest concern that said regulatio...wasn't the biggest concern that said regulation 1257/2012 can not relate to Article 118 in it's current form, because the actual material law is shifted to the UPC-agreement?<br /><br />And anyways if the CJEU follows the GA, wouldn't that imply that the CJEU will just claim competence over the UPC as a total?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38054518335937561192014-11-21T09:17:02.126+00:002014-11-21T09:17:02.126+00:00"If it's an economic matter (to avoid cos..."If it's an economic matter (to avoid costs of translations), why not only in English?"<br /><br />Because that would involve a major amendment to the EPC and/or creating a EU patent system completely parallel to the EPC, neither of which seems a viable option at the moment, desirable as it may be.<br /><br />I don't remember the Spanish delegation pushing for such an amendment to the EPC when it had the opportunity (when it was revised in 2000), or even asking for Spanish to be included alongside German, French and English as EPO working language at the time (which would doubtlessly have led to similar claims from Italy and Turkey at least, possibly then followed by pretty much everybody and his dog afterwards).<br /><br />It is also curious that the Spanish government is so concerned about language discrimination at the EPO, but not at OHIM...which of course has Spanish as a working language, but not Polish or Swedish.<br /><br />And, well, I'm Spanish myself and a native Spanish-speaker from the central plains, hardly sympathetic to Catalan separatism, but I can't help thinking that under the extreme interpretation that the Spanish government gives in this case to the principle of no discrimination by language, even Art. 3(1) of the Spanish Constitution would be in conflict with the Charter of Fundamental Rights in the EU:<br /><br />"Castilian is the official Spanish language of the State. <b>All</b> Spaniards have the<br /><b>duty</b> to know it and the right to use it."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-30960212281910581612014-11-20T16:01:49.693+00:002014-11-20T16:01:49.693+00:00Anonymous @ 09:39,
Is it your contention that a c...Anonymous @ 09:39,<br /><br />Is it your contention that a choice of language is PER SE discrimination?<br /><br />I do not think that such is a tenable position, as your post itself then engages in discrimination as you posted in but a single language.<br /><br />(and yes, the absurdity is intentionally paralleled)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-36764118202621069552014-11-20T15:08:06.332+00:002014-11-20T15:08:06.332+00:00If it's an economic matter (to avoid costs of ...If it's an economic matter (to avoid costs of translations), why not only in English? Perhaps we can find that the cost will be reduced to one third of the proposed by the new regulation.<br /><br />Please, leave Catalonia (and other national claims) out of this issue.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-71299809148808694722014-11-19T09:39:08.875+00:002014-11-19T09:39:08.875+00:00"EU law has no principle of equality of langu..."EU law has no principle of equality of languages"<br /><br />Mr Not should read the Charter of Fundamental Rights of the EU:<br /><br />"Article 21 Non-discrimination<br /><br />1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-10922419136554491552014-11-18T18:33:06.916+00:002014-11-18T18:33:06.916+00:00Les rosbeefs se sentent discriminés ici, le texte ...Les rosbeefs se sentent discriminés ici, le texte n'est pas disponible dans leur langue... Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-19075126930101871432014-11-18T16:39:50.668+00:002014-11-18T16:39:50.668+00:00This is link to the page containing all the langua...This is link to the page containing all the language links:<br /><br />http://curia.europa.eu/juris/fiche.jsf?id=C%3B147%3B13%3BRD%3B1%3BP%3B1%3BC2013%2F0147%2FP&pro=&lgrec=en&nat=or&oqp=&dates=&lg=&language=en&jur=C%2CT%2CF&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&num=C-147%252F13&td=%3BALL&pcs=Oor&avg=&mat=or&jge=&for=&cid=350881#section_documents<br /><br />and this is the Spanish text:<br /><br />http://curia.europa.eu/juris/document/document.jsf?text=&docid=159763&pageIndex=0&doclang=ES&mode=lst&dir=&occ=first&part=1&cid=354665<br /><br />I will test after posting.Darren Smythhttps://www.blogger.com/profile/04252776942038752516noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5162008429462891512014-11-18T16:39:20.953+00:002014-11-18T16:39:20.953+00:00The Opinions are almost silent about the critical ...The Opinions are almost silent about the critical issue of the judicial character of the Boards of Appeal of the EPO as raised by Spain and of their independence, which recently has been questioned by the Enlarged Board of Appeal itself (R19/12)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-59005608451936047872014-11-18T16:37:19.532+00:002014-11-18T16:37:19.532+00:00This is just an example why Catalonia wants to be ...This is just an example why Catalonia wants to be independentAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12014049340294857772014-11-18T16:26:36.487+00:002014-11-18T16:26:36.487+00:00"The opinion is now available (but not in Eng..."The opinion is now available (but not in English...)"<br /><br />URL?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-80355304975184542112014-11-18T15:28:24.734+00:002014-11-18T15:28:24.734+00:00The opinion is now available (but not in English.....The opinion is now available (but not in English...)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-25641214975239508832014-11-18T14:30:48.816+00:002014-11-18T14:30:48.816+00:00the opinion is still not published!the opinion is still not published!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-30536635565557610912014-11-18T12:10:15.857+00:002014-11-18T12:10:15.857+00:00Fellow Anonymous@11:46 It seems to me that there i...Fellow Anonymous@11:46 It seems to me that there is much more than judicial considerations involved here. Europe knows that it needs a cheaper patent system - the present one is absurdly expensive. So, some sort of unitary system is inevitable, whether people like it or not. The politics and economics will drive the situation, and I can't imagine everyone going back to Square One again and waiting another 20 years before trying again. So, imperfect as it may be, I think it's coming, and now possibly sooner than we all thought. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-48259507329601932422014-11-18T11:46:45.274+00:002014-11-18T11:46:45.274+00:00Any bets on the Court not following this? I mean c...Any bets on the Court not following this? I mean come on - he says the agreement is not subject to any judicial review by their good selves. We the judges declare that we cannot adjudicate!Since when does this Court say that!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-21995281148317496662014-11-18T10:26:43.918+00:002014-11-18T10:26:43.918+00:00The claim from Spain is heading down the drain
The...The claim from Spain is heading down the drain<br />Their undercutting effort is in vain<br />No doubt they will complain<br />And go insane<br />But ‘tis increasing plain<br />They’ve missed the train<br />The only want their language to maintain<br />That’s clear to all but those who’re dead of brain<br /><br />(with apologies to Lerner and Loewe)<br />Anonymousnoreply@blogger.com