EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.20.16

New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent ‘Professionals’ and Their Self Interest

Posted in Europe, Patents at 3:47 am by Dr. Roy Schestowitz

“When asked by Ars, the EPO’s spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO’s internal rules…”

Dr. Glyn Moody

Unitary Patent expert teams

Summary: Dr. Ingve Björn Stjerna’s latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives

THE UPC is not “unitary”, it is not “EU”, and it is not “Community” (as it used to be labeled). It is a patent lawyers’ wishlist and they are getting close to making this wishlist European law and practice. This is extremely dangerous and it’s rather clear who this is going to serve. Battistelli’s EPO, which is in the pockets of large corporations, obviously supports the UPC. Battistelli himself has supported the UPC (in previous incarnations thereof) for well over half a decade. He travels to the UK amid referendum to promote his agenda. This ENA graduate knows the drill and it’s certainly not serving the public (as those sufficiently familiar with ENA politicians probably know all too well by now).

“Battistelli himself has supported the UPC (in previous incarnations thereof) for well over half a decade.”Here in the UK we have what can be viewed somewhat like “moles”, or people whose role in the British economy is rather parasitic. They want more for themselves at the expense of those who produce things, such as software. They want software patents and they want the UPC. As we noted here before, Bristows are some of the biggest UPC propagandists out there (also for software patents) and Brian Cordery who is affiliated with Bristows now says that the “reshaping of UK patent litigation by the Judges coincided with the decision by many multinational companies in all sectors to coordinate their European patent litigation more and more – to devise, stress-test and implement strategies in key cases. Many UK law firms were chosen to assist their clients in this process which enabled these firms to gain a wider perspective and provide more joined-up advice to their clients.”

How revealing. He then admits that there is a “microcosm of patent litigation” in the mix. To quote: “It seems to the author that in the microcosm of patent litigation, sharing views and learning from each other has led to improved practices across the continent. Now we are of course on the brink of the most exciting development in European patent litigation for nearly half a century. The Unified Patent Court represents an enormous challenge – and an enormous opportunity – to all UK patent litigators. If the UK votes to leave the EU next week, the future of the UPC is uncertain although the future of the UK’s part in the UPC will be clear enough. What would this mean for UK patent litigation? Maybe not so much in the short to medium term – it is not unreasonable to suppose that the English Patents Court might become akin to its counterparts in Canada or Australia – still a venue for patent cases of high value and/or strategic importance. But how much more exciting would it be to shape the UPC which surely has the potential to become the world’s most attractive forum for patent litigation by the end of the next decade?”

“The problem is, the people who engineered the UPC, as the above admits, are people who stand to profit from it.”So UPC “has the potential to become the world’s most attractive forum for patent litigation,” right? Don’t we all love litigation as much as patent lawyers do?

The problem is, the people who engineered the UPC, as the above admits, are people who stand to profit from it. Members of the general public were excluded, as noted here many times before, and Dr. Ingve Björn Stjerna, a longtime opponent of the UPC and its predecessors, has a new paper about it, having just published a whole book on the subject. We have already written a great deal about the UPC being all about rigged panels (excluding particular points of view), which effectively makes it a coup in broad daylight. In the words of Ingve Björn Stjerna: “There have probably rarely been legislative proceedings of such technocratic nature as those on the European “patent package”. Patent practitioners, especially judges and members of the legal profession, have been involved extensively in order to use their experience for the new system. An important role in this is played by the Preparatory Committee of the Unified Patent Court which is entitled to appoint so-called “expert teams” for its support and advice. Conflicts of interest do not seem to play a role when it comes to filling the positions of these teams. Appointments from the legal profession, the members of which often have significant financial interests in the realisation of the “patent package”, have repeatedly been made in favor of the same individuals from only a few law firms. Some of these persons use their membership for promoting the advocacy services of their law firms. These “expert teams” and their composition will afterwards be given a closer look.”

Here is the direct link to the PDF in English (there is also one in German). “The “expert teams” of the Preparatory Committee,” he explains, is an “[a]rticle on the composition of the “expert teams” of the Preparatory Committee for the Unified Patent Court and on the participation of members from the legal profession “in their personal capacity” (16/06/2016)”

“Perhaps it’s time to start a broad, Europe-wide information campaign about the UPC.”Well, it sure looks like the UPC might never become a reality at all. Even the EPO quit pretending that this is inevitable. Are politicians even aware of what it is they are ratifying and where it came from? Do they care? Perhaps it’s time to start a broad, Europe-wide information campaign about the UPC. We recently heard that FFII might be interested in pursuing this.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Response to Eric Raymond (ESR) on “Last Phase of the Desktop Wars”

    Eric Raymond (ESR) talks about Microsoft's "embrace"; but there are many misunderstandings and misconceptions in his blog post, as we'll explain patiently, based on known facts



  2. Links 25/9/2020: Calibre 5.0, Fedora 33 Beta Days Away, Snap Setback

    Links for the day



  3. Faking 'Progress' to Distract From True Justice or From a Full, Meaningful Reform

    Activism for truly meaningful change doesn't stop at superficialities and cosmetic changes (which merely give a false sense/impression of accomplishment, resulting in inaction); we need to regularly consider how to dismantle injustice, not based on the criteria set by oligarchs-owned media, rallying gullible mobs to appease only big egos



  4. IRC Proceedings: Thursday, September 24, 2020

    IRC logs for Thursday, September 24, 2020



  5. Richard Stallman: New Interview About Privacy (Published This Morning)

    “The last few months have put data protection back in the spotlight. During a crisis of this kind, do we have to choose between safety and privacy? We talked about this with Richard Stallman, digital privacy activist and the founder of the Free Software Movement,” RT says



  6. Links 25/9/2020: PostgreSQL 13, DragonFly 5.8.2 and Python 3.8.6

    Links for the day



  7. Code of Ethics Versus Code of Conduct in Action

    Reprinted from Daniel Pocock's Web site



  8. Linux Foundation: “Transformation Through Open Source” is Proprietary Software That Rejects Linux

    The Linux Foundation, run by proprietary software companies that don’t really care about Linux, is still a lot more about openwashing (perception management techniques) than about “Open Source” or even Linux (which most of the Foundation rejects)



  9. Links 24/9/2020: KaOS 2020.09, Arch Conf 2020 Coming, IBM Z Day 2020 Ends

    Links for the day



  10. At ZDNet, in 2020, “Linux” Means Microsoft and Windows

    The incredible charade of ZDNet carries on; the site whose parent company went bust last December isn’t even trying to hide its true agenda



  11. Red Hat is Spamming People in Order to Promote Its Sites and Its Products, Subscribing People to Mass-Marketing Lists Without the Recipients' Consent

    "Engagements" from Red Hat; have the IBM-led marketing people gone overboard, subscribing lots of people to marketing spam without bothering to ask for consent?



  12. “If I'm the Father of Open Source, It Was Done by Artificial Insemination With Stolen Sperm”

    The father of the Free software movement, Richard Stallman, is being wrongly compared to some patron of an “open source” ‘movement’ (an early effort to cancel Stallman and the FSF), which is basically a hostile corporations-led ploy these days



  13. IRC Proceedings: Wednesday, September 23, 2020

    IRC logs for Wednesday, September 23, 2020



  14. The Second Wave (of Free/Libre Software)

    Despite some major setbacks and new threats to digital freedom (autonomy is perhaps a more suitable term), progress is being made and activism must adapt to tackle newer trends



  15. Exploring the Relationship Between Red Hat and Microsoft: They're Barely Even Rivals Anymore

    The ‘older Microsoft’ (serial monopolist IBM) bought Red Hat, but evidence shows that one would be wrong to assume Red Hat really competes against Microsoft (any more than Novell did; there’s a strong relationship)



  16. Microsoft Lost More Than 15 Million Web Domains in One Month!

    Microsoft's presence on the Web is being reduced to ridiculously low levels; sooner or later Microsoft will turn from 'king' of parked (unused) domains to master of nothing



  17. Links 23/9/2020: Lenovo's Deeper GNU/Linux Dive and Tor Browser 10/Tails 4.10

    Links for the day



  18. IRC Proceedings: Tuesday, September 22, 2020

    IRC logs for Tuesday, September 22, 2020



  19. The Latest Greenwashing Campaign by the EPO is Just 'Chinese Propaganda'

    When the EPO speaks of “innovation” and “clean energy transition” it means nothing but patents on batteries, in effect monopolies being granted in Europe (to a lot of Asian — not European — companies)



  20. Links 23/9/2020: Librem 14 Shipping in December, Linux Journal Returns, Istio 1.6.10 Released, Release Candidate 3 of LLVM 11.0

    Links for the day



  21. Welcome Back, Linux Journal!

    Linux Journal is coming back under the ownership/umbrella of Slashdot folks, who are sadly preoccupied and obsessed with Microsoft talking points and PR campaigns



  22. What the Efforts to Remove Dr. Stallman Reveal About the Agenda of Large Corporations (Looking to Absorb the Competition, Remove Freedom, Spread Proprietary Software in 'Open' Clothing)

    Richard Stallman's (RMS) positions and foresight are usually correct; at the moment we're losing access to key people whose leadership positions are essential for the independence of cornerstone projects



  23. Links 22/9/2020: Tails 4.11, Linux Lite 5.2 RC1

    Links for the day



  24. Minimalism for Maximisation of Productivity and Clutter Mitigation

    Unfortunately, GNU/Linux (especially the latter, Linux) embraces bloat and anti-features in pursuit of sales (appeasing large corporations, not users’ needs), reducing the modularity, reliability and productivity of computer systems in the name of helping “dumb” users (they keep telling us people are very dumb and those who disagree are “elitist” and “extremist” or even “neckbeards” — in effect insulting every person out there)



  25. IRC Proceedings: Monday, September 21, 2020

    IRC logs for Monday, September 21, 2020



  26. Post-Coronavirus Linux.com Became Nothing But a SPAM Site

    As per the Linux Foundation‘s very own brochure, scripted and fake ‘interviews’ are to be produced and then edited/negotiated (before publication) with the sponsor… in Linux.com as the platform. This is corruption (or marketing, one might call them de facto ads presented as fake ‘articles’).



  27. Erosion of Free Speech and Tolerance of Opposing Viewpoints in Free Software Communities

    The concept of free speech is being reinvented by oversensitive people who nowadays expand the list of exclusions/exemptions (from scope of 'permissible' speech) to politics and criticism of large and highly abusive corporations



  28. Links 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  29. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  30. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts