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02.24.16

EPO-Funded Unitary Patent (UPC) Propaganda Events and the Latest on the Undemocratic (Even Antidemocratic) UPC Push

Posted in Europe, Patents at 8:03 am by Dr. Roy Schestowitz

Just look what a disgrace the European Patent Office (EPO) has led Europe to…

Antidemocratic

Summary: A glance at the latest news regarding the Unitary Patent Court (UPC), which is effectively an antidemocratic EPO-led push to tilt the system in favour of patent trolls, large corporations (even from abroad), and their patent lawyers

THE EPO is today’s most urgent subject as there’s a major turning point that may soon have the Office massively reformed. The Office desperately requires reforms at many levels and areas, for the sake of Europe, for the sake of science, and for the sake of EPO workers (not bureaucrats). As a software developer, I too have much at stake. The ‘fat cats’ with their massive salaries at EPO management have other motivations in mind.

Based on this new tweet, there will soon be more lies, propaganda, and damn lies from EPO management. They’re cooking the books and expanding patent scope so as to game the numbers (not comparable year-to-year). “Let’s start the countdown,” said the official Twitter account, “we’ll be announcing our yearly figures in 10 days! Stay tuned to learn about patenting trends: #EPOresults” (that nobody would believe).

Wow! Marketing and publicity stunts. Even a “countdown”!

“The Office desperately requires reforms at many levels and areas, for the sake of Europe, for the sake of science, and for the sake of EPO workers (not bureaucrats).”Will that be as accurate as the other propaganda apparently still in the making? Propaganda which tries to portray EPO staff as happy and satisfied while the very opposite is true?

The EPO’s core issue is that it’s steered not by scientists but by selfish political bureaucrats like Battistelli. One of their latest projects is the UPC, which would definitely harm Europe as a whole (we explained the reasons many times before).

When the EPO-funded media doesn’t just utter patent maximalism (it does it almost every day nowadays) it promotes the UPC (referendum angle), conveniently not disclosing its relationship with the EPO. This long IP Kat thread about the viability of the UPC makes it clear that it’s anything but a done deal. We are not going to comment on all the Brexit/EU thing (it’s a little off limits or out of scope), but let’s just say that contrary to what the EPO says and what its paid ‘publishers’ are saying, the UPC is possible to stop. If it gets any further, it will undermine Europe’s interests and facilitate further passage of wealth to the rich, including the rich who live abroad (outside Europe). Only their patent lawyers would share the loot.

“The EPO’s core issue is that it’s steered not by scientists but by selfish political bureaucrats like Battistelli.”Here one can see the EPO-funded and UPC-loving IAM still pushing for the UPC (that’s twice in one week, from Wild in particular). Journalism or lobbying? Certainly the latter mixed with a little of the former for perceived legitimacy. Just look who foots the bill. Remember that IAM receives EPO money to organise a pro-UPC event in the US right now. Yes, in the US. And remember which firm the EPO hired to help the lobbying; it’s a Washington-based firm. That’s quite revealing, is it not? It shows who's likely to benefit.

To quote Wild (article headline is “Why there’ll be no equivalent of the Eastern District of Texas at the Unified Patent Court”): “Last Thursday a room-full of leading Silicon Valley IP professionals joined IAM for our Inside Europe’s New Patent Market – Winning Strategies for the UPC Regime conference at the Golden Gate Club in San Francisco. Over the course of the day, delegates were given insight and inside information on the new system from a speaking faculty composed of European patent litigators and attorneys, senior in-house IP managers and intermediaries, as well as Margot Fröhlinger, principal director of patent law at the EPO.”

“Just look who foots the bill.”UPC would certainly bring patent trolls to Europe. As MIP put it the other day: “Will patent trolls qualify for SME fee discount in #upc? A big concern raised by panel at #ipwomen forum!”

UPC as an open door to lots of embargoes was also noted earlier this week, with a link to this article from lawyers’ media in the UK. To quote the opening bits: “The UPC will have jurisdiction over a market as big as that in the US and it will have the power to grant interim injunctive relief extending over this whole market.

“This is outright mockery of European democracy.”“Assessing the way the UPC might consider applications for interim injunctions will help businesses evaluate whether the benefits of embracing the new unitary patent and UPC outweigh the risks.

“There are clues to how the UPC might review applications for interim injunctions in the underlying legal framework for the Court. Practices could differ from what companies are used to in proceedings before the national courts in Europe.”

“We invite more resistance to the UPC.”Another lawyers’ site takes note of the latest UPC moves in Germany, stating that “draft legislation is supposed to pass the parliamentary chambers (Bundestag and Bundesrat) in Summer 2016.”

We have already explained the role of nepotism and abusive/dirty politics in this. The UPC truly is a travesty and some of the funding for UPC propaganda comes from the EPO and patent lawyers. This is outright mockery of European democracy.

If Battistelli fails to bring about the UPC, then even his rich masters will ‘plonk’ him like a fish. We invite more resistance to the UPC.

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