* Posts by Bryan Hayes

2 publicly visible posts • joined 13 Jun 2017

Germany puts halt on European unitary patent

Bryan Hayes

Re: Article 20 of the German Constitution strictly forbids ...

Wait and see.

Constitutional law is something most people are not really competent at. And the functionary syndicate consisting of all established parties, NGOs, media people have a rather tight grip on public optinion, the courts, the universities, the schools etc.

Bryan Hayes

Re: Article 20 of the German Constitution strictly forbids ...

No, that is not right. It is not about the actual enforcement, it is about the decision-making. So if a patent-office would make a decision that some patent application is OK then any offence would be a crime, possibly leading to punishment of German citizens or inhabitants. What I said is that such a decision must be done by a gremium with at least one officially appointed German official and that such gremiums must make all their decisions unanimously; but this is probably not the case. For this reason such an organisation would be illegal by German law (and in fact probably by the laws/constituions of most countries in the world).

International treaties are partly a different topic, because here you in most cases you simply have the treaty which is fixed; there is no organisation which makes any decisions later on. Please also note that a treaty by definition is agreed upon unanimously; this is part of the definition of a treaty.

The implication of Article 20 however, is far greater: It explictily forbids most of the EU organisations incl. the EU commission, the EU (fake-)parliarment, most the EU administrations etc. This is the real importance of Article 20.