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

07.11.16

Will Battistelli’s Friend/Ally Lucy Neville-Rolfe Shamelessly Attack British Democracy and Push for UPC in Spite of Brexit?

Posted in Europe, Patents at 5:34 pm by Dr. Roy Schestowitz

When loyalty (to one’s powerful buddies) trumps logic and faithfulness to one’s country

EPLIT
EPLIT: All about money. Everyone’s money in their pockets.

Summary: EPLIT, the European Patent Litigators Association, wants a litigation-leaning (trigger-happy) UPC policy in spite of a referendum which puts that on hold if not kills it altogether

LAST month we wrote about Lucy Neville-Rolfe's remarks about the UPC. She doesn’t seem to care what the British public wants. She actively works for the interests of the microcosm she associates with. Some call her “Baroness” and given the “Robber Baron” concept, this might be an apt title.

Patent lawyers are, in very general teams, making money from patent wars that target not other patent lawyers but producing companies, i.e. scientists and producers, who then require patent lawyers to “defend” them. Patent lawyers have no personal products/services/agenda at stake; to them it’s like selling weapons to be funneled into a war in which they don’t participate (as soldiers).

Shelston IP, an Australian law firm whose staff acts like software patents lobbyists these days [1, 2], wrote about the Patent Prosecution Highway (PPH) which we mentioned here before in relation to Australia, Colombia (with the EPO) and in past years in relation to the US/USPTO [1, 2, 3]. What’s not to like when there’s “prosecution” at stake? This is, in essence, what the UPC is about. The C stands for “Court” because it’s presumed that litigation is both desirable and inevitable. That’s an expensive ‘product’ which patent lawyers ‘sell’, so they want more of it.

Now that UPC is on the rocks, as even some UPC proponents openly admit, there are efforts to work around the situation (we covered some before and showed Battistelli's personal role in them). Here is the latest:

A couple of weeks ago the IPKat published a paper from Prof. Dr. Winfried Tilmann of Hogan Lovells outlining a mechanism by which a post-Brexit UK might still participate in the Unitary Patent and Unified Patent Court. Other minds have also been addressing this issue, and so the IPKat is again delighted to publish this piece, describing a quite different approach, received from Univ.-Prof. Dr. Thomas Jaeger, LL.M. of Universität Wien (that is University of Vienna to our anglophone readers).

The Brexit vote of June 23rd sent shockwaves throughout both the EU and the UK. Some take the vote as proof of Charles de Gaulle’s age-old observation, that Britain simply does not fit into the EU: “[L’Angleterre] a dans tout son travail des habitudes et des traditions très marquées, très originales. Bref, la nature, la structure qui sont propres à l’Angleterre diffèrent profondément de celle des continentaux.” Others see it as the death knell to the EU and / or the UK as we know them.

Whatever the point of view, one thing is for sure: should Britain overcome its abrupt total loss of political leadership and should someone emerge eventually who is willing to formally notify the European Council of the intention to leave subsequent to Art. 50 (2) TEU, that would be the end of the Unitary Patent Package as originally intended.

Some of the interesting bits emanate from the comments. One person wrote that: “Additionally, a new UP and UPC package guaranteeing that English is the only “true text” for Spain, could also bring the language-obsessed Spaniards onboard. It would still not be fully satisfactory for them, but at least for Spain, English would be established as the only legal language for these patents.”

No, this is totally nonsense. Without English, UPC would be obsolete as many of the stakeholders would be from English-speaking countries or countries that don’t understand French and German (barely anyone there speaks those languages). Even the patent trolls which UPC threatens to invite require English. So who would English be for? The Irish? With Brexit, the conflict over languages would only deepen and threaten to drive Italy back to the opposition. Spain would then have rivalry with Italy and the whole appeal of the UPC decline considerably.

“Today,” wrote another person, “the European Patent Litigators Association (EPLIT) has urged UK government to ratify UPC Agreement as soon as possible” (direct link).

So the conspiracy of patent lawyers, or “Team UPC” as we habitually call it, is lobbying our government on UPC and guess who leads the charge? “EPLIT sent a letter to The Rt. Hon Baroness Lucy Neville-Rolfe,” it says, “Minister for Intellectual Property. With this letter EPLIT urges the UK government to ratify the UPC Agreement as soon as possible.”

Will Baroness Lucy Neville-Rolfe, the lapdog of Battistelli and his thugs, lead the charge for UPC in the UK or will she choose to respect the rule of law, common sense, and will of the people (not patent lawyers)?

The remainder of the comments seem to have come from UPC proponents. One of them says:

Sorry for the UK.

No need to be sorry. The UK doesn’t need UPC. It was never a gift at all.

Anyway, somthing will have to be done for the UPC agreement as the UK is mentionned in the annex. Removing the London section will be a renegociation (without UK) that will be difficult because of the NL and IT who may want a section.

This would take years.

Watch this optimism which wrongly assumes that Theresa May, who hasn’t a clue about patents (I spoke to her in length in the past and she doesn’t even get technology), will rush to deal with the UPC as though it’s the most urgent matter:

The U.K. will have a new PM by Wednesday apparently and she has stated that Brexit is Brexit. Hard to imagine that the UPC can sneak through parliament unnoticed (with summer recess almost upon us) and party conference time in September breaking it up further. Soon would only be possible in October I’d guess and by then Brexit may be up and running. Hard ball from some EU states may even risk the UK not being accepted for signing? Hasn’t Cameron already been excluded from some EU summit sessions? I wouldn’t be surprised if some states (looking at a court) might challenge it.
The author’s suggestion that minor reform may be the best (only?) option seems pragmatic and realistic.

There is no minor reform which is “pragmatic and realistic” if the UK (and thus London) leaves the EU. This is a patent lawyer’s fantasy. Watch others who keep trying to bypass the law and push for UPC even before Brexit, as if the UPC is somehow beneficial to the UK (it’s not, it’s just for some lawyers in London and their huge clients from other countries). To quote the latest comment:

A minor reform of the UPCA seems indeed the best option to deal with a Brexit. However, it would serve all parties if the reform (and the negotiations that go with it) would take place after the system has been set in motion. This means, that it would also be beneficial for the UK to ratify now and to negotiate a UPC-exit alongside the Brexit negotiations.
The advantages for all parties are:
– the system can already start as planned (spring 2017)
– the system can gain momentum in the coming years, while the UK is still in the EU (the new UK prime minister has indicated that Brexit should be done carefully, and thus slowly).
– the UK will have the advantage of the London seat of the UPC
– the UK will have the advantage that once the system is started they will be considered indispensible for the continuation of the system (they are already deemed to be indispensible before the system has started), which will improve their negotiation position.

This thus could be considered a win-win situation. Accordingly, I second the request of EPLIT to the UK government to ratify the UPCA.

Wanna bet this supporter of EPLIT is not actually a patent applicant/assignee but someone who profits from patent mess? UPC has been all about enabling a hijack of the whole system to the detriment of European SMEs (while hijacking their voices)?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. As Expected, the Bill Gates Propaganda Machine is Trying to Throw/Put Everyone off the Scent of Jeffery Epstein's 'Incestuous' Ties With Gates

    Media ownership up on display; it's amplifying false claims for a whole month, whereas truth/correct information gets buried before a weekend is over



  2. IRC Proceedings: Monday, October 14, 2019

    IRC logs for Monday, October 14, 2019



  3. [ES] El Kernel de Linux está introduciendo Open Source Privative Software

    Linux, el kernel, continúa su trayectoria o el camino hacia convertirse en software propietario de código abierto (OSPS).



  4. Linux Foundation Board Meeting

    More sponsored keynotes and tweets — like more sponsored articles (or “media partners”) — aren’t what the Linux Foundation really needs



  5. Links 14/10/2019: Linux 5.4 RC3, POCL 1.4, Python 3.8.0

    Links for the day



  6. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  7. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  8. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists



  9. Meme: Software Patents at the EPO

    The evolution of “technical effect” nonsense at the EPO



  10. IRC Proceedings: Sunday, October 13, 2019

    IRC logs for Sunday, October 13, 2019



  11. Firm of Microsoft's Former Litigation Chief Uses Microsoft-Connected Patent Lawsuit Against GNU/Linux (GNOME Foundation) for New Breed of FUD Campaigns

    The patent troll of Bill Gates and Nathan Myhrvold has fed a patent troll that's attacking GNU/Linux and a firm owned by Microsoft's former litigation chief says it proves "Open Source Software Remains a Target"



  12. "Widespread Adoption" (Did You Mean: Takeover by Monopolies?)

    "Quite a few of them are people that would rather replace David with Goliath, just because he's bigger. Quite a few are already taking money from Goliath."



  13. Links 13/10/2019: Red Hat CFO Fired and KDE Plasma 5.17 Preparations

    Links for the day



  14. Bill's Media Strategy Amid GatesGate

    There are many ways by which to game the media’s news cycle — an art mastered by the groper in chief



  15. Hard-Core Micro-Soft

    The word "core" is increasingly being (mis)used to portray user-hostile proprietary software as something more benign if not "open"



  16. Free Software Timeline and Federation: When Free Software Advocacy/Support is a Monopoly Expansion Becomes Necessary

    Support for Software Freedom — like support for Free software (think Red Hat/IBM and systemd) — should be decentralised and compartmentalised to make the movement stronger and adaptable



  17. Projection Tactics

    The corporate media hasn't been doing its job lately; it has systematically defamed the wrong people, perhaps in an effort to distract from 'big fish'



  18. Meme: Richard Stallman Irrelevant

    Saint IGNUcius — Richard Stallman — just isn’t the Saint Bill Gates is



  19. IRC Proceedings: Saturday, October 12, 2019

    IRC logs for Saturday, October 12, 2019



  20. Links 13/10/2019: Mastodon 3.0, GNU Binutils 2.33.1, and the Road to KDE Frameworks 6

    Links for the day



  21. The New York Times About the Real Epstein-Software Scandal (Nothing to Do With Stallman)

    The media is belatedly catching up with and covering the real MIT scandal which extends far beyond MIT



  22. Openwashing Reports Are on Hold

    The need to stress Software Freedom and shun all that "open" nonsense has quickly become apparent; some of the people who oppose Stallman turn out to be "Open Source" proponents who don't even value freedom of expression (free speech)



  23. Support the GNU Project and Support Free Speech

    Techrights is loyal to Software Freedom and those eager to promote it; it cannot, however, support those who don’t support free speech



  24. Today's EPO is Working for Patent Trolls and the 'Aye Pee' (IP) 'Industry' Instead of Science

    The EPO is making allegiances and alliances with groups that represent neither science nor businesses but instead push for monopolies, litigation and extortion; lawlessness appears to have become the EPO's very objective instead of what it intends to tackle



  25. The Campinos Car Crash

    The EPO is crashing and we know who’s to blame other than Battistelli



  26. Software Patents (or Monopolies on Algorithms) Are Not 'Property' and They're Not Even Legally Valid

    The EPO insists that it's OK to grant patents on just about everything and propaganda terms are being leveraged to justify this dangerous attitude



  27. The EPO's Universal Patent Injustice Concealed With Polyglottic Tricks

    The EPO is fooling nobody; it's desperate to hide the very simple fact that Battistelli did something illegal and over the past few years every decision issued by the EPO was legally invalid (as per the EPC)



  28. Microsoft Tweets in Linux Platforms

    This observation about the Linux Foundation seems very appropriate (and true) now that Linux.com’s sole editor is (re)posting Microsoft tweets (shades of Jono Bacon)



  29. Links 12/10/2019: Rspamd 2.0, Kdenlive 19.08.2, Plasma Mobile Progress, FreeBSD 12.1 RC1

    Links for the day



  30. IRC Proceedings: Friday, October 11, 2019

    IRC logs for Friday, October 11, 2019


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