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

08.03.16

Lucy in the Sky With Battistelli’s Diamonds (EU Budget) But No UPC in Sight

Posted in Europe, Patents at 3:17 am by Dr. Roy Schestowitz

Like the classic

Lucy in the Sky with Diamonds

Summary: Despite her dubious public appearances with Benoît Battistelli, Lucy Neville-Rolfe is still unable to just simply ignore Brexit and rush the UPC through

THE UPC (Unitary Patent) has a lot to do with the unprecedented chaos at the EPO (see background to this), by the EPO’s very own admission. The UPC, created and pushed by Team UPC (not representatives of public interests at all, just a group of circling vultures), is just about as bad as those notorious ‘free’ ‘trade’ ‘deals’ (none of those things), such as TPP and TTIP. Secrecy was all along needed in order to keep everyone but the self-serving conspiracy in the dark, unable to weigh in, antagonise, and report wrongdoing.

Lucy Neville-Rolfe is being approached by Team UPC and organisations (or lobbies) whose memberships intersect/overlap Team UPC. UK IPO has just published a public statement (Tuesday) and MIP has a new article about it. “It remains unknown if the UK will ratify the UPC Agreement,” says the summary and here is the relevant part from the article’s body: “It seems we will have to wait until next year to know the UK government’s decision on UPC Agreement ratification. The IPO did not say anything on this, but it noted: “The UK remains a Contracting Member State of the Unified Patent Court at present. We will continue to attend and participate in UPC meetings in that capacity. There will be no immediate changes.””

The UPC boosters from Bristows (part of Team UPC) pretend that it’s business as usual after Brexit, but it’s not. To quote this new blog post:

Unlike many of the UK law firms [like Bristows] who quickly climbed on board the Brexit bandwagon, the UK’s Intellectual Property Office has been understandably and notably silent. For the past several weeks they have been in listening mode as they hear from stakeholders about their post-referendum concerns. Today, they have published a short guide called “IP and Brexit: The Facts” to dispel the speculation on the future of IP law following the referendum result. The main message is “The UK is still part of the EU so your EU-derived protections continue and we are considering various post-Brexit options”. Unsurprisingly, the brief is short given that the fate of EU-made rights will be determined by the ultimate relationship between the UK and EU.

On patents, the UK IPO confirmed that it was business as usual for UK businesses applying for patents at the EPO and that the referendum result will not impact the European Patent Convention (EPC).

Here is the direct statement from UK IPO: “The UK remains a Contracting Member State of the Unified Patent Court at present. We will continue to attend and participate in UPC meetings in that capacity. There will be no immediate changes.”

Well, UK IPO is sort of contradicting itself on UPC as noted in this comment which says:

One comment in IPO’s post Brexit communication says “The UK remains a Contracting Member State of the Unified Patent Court at present”.

According to the same statement: “There will be no immediate changes” does not give the impression that a quick ratification is on the tablets, as this would be an immediate change.

When considering the overall tone of the the statement, IPO’s first preoccupation seems to lie more in seeing how to leave the existing system of EU laws and regulations on IP matters so that the rights of UK IP owners are protected, rather than trying to add a further problem, UPC, on all the issues which will have to be settled. As far as patents are concerned, the way to the EPO is not changed by the Brexit. A strong enthusiasm for the UPC sounds differently.

When looking at the long list of duties of Baroness Neville-Rolfe, IP does not look as it will be at the top of her priorities.

May be something to reflect upon?

Someone is poking fun at Battistelli with an ode that spells out “BREXIT”. Surely they know that nothing would displease Battistelli more than the demise and possibly death of the UPC — a project he spent over half a decade promoting. Here is the ode/poem:

B eing as UPC stands for UP the creek without a Canoe
R eally not much else we can do
E PO Sun King and Grand Master
X claims it is an almighty disaster
I t is the one good thing to come out of the vote
T hat Batters now has a huge hole in his boat

As another person notes, echoing what we said several times last month, UPC is very low down in the list of British priorities right now:

I agree that the fact that the Baroness has been assigned more responsibilities does not suggest that a great deal of time and effort will be expended by the government upon IP issues (be they Brexit-related or otherwise).

This perhaps indicates that we can expect some delays in decision-making, including on the UPC. This may be compounded by the fact that there will be more pressing matters for the UK to resolve in connection with trade marks, designs and copyright.

These issues aside, I doubt that the IPO’s statement could be said to provide any hints one way or the other with regard to the UPC, which is likely to remain somewhat of a “complicated” issue in the coming months. So I guess that we will all just have to wait and see.

The following comment goes along the same lines:

I think some of these people need to remember that ministers have tended not to stay with IP for any period of time. The Baroness keeping the IP mandate is to be welcomed, even if she has further responsibilities. She knows the stakeholders and the issues, and can be a good ear even if she leaves some aspects to others.

Of course, the shape of the outcome is not really dependent upon IP – it will be shaped by other concerns, and IP will find a way. I guess if you are looking at unusual infringements of trade marks, start the action now whilst judges have to apply EU principles!

Well, as noted by the Bristows Kat: “In the meantime, Baroness Neville-Rolfe will continue as the minister for IP, but her full title is now Minister of State for Energy and Intellectual Property.”

It means more responsibilities. Well, Lucy is being asked to leap/jump through hoops after sucking up to the thug, Battistelli (more than once in recent months), but there would be a huge backlash if she attempted to do so.

This Kat’s colleague wrote: “Forget Brexit and Article 50, forget the Chilcot enquiry, forget whatever sports competition is concerning you at the moment, worry not about the UPC.”

Well, forgetting that isn’t an option, as the conspiracy of patent lawyers actively works behind the scenes lobbying Lucy to sneak the Trojan horse through the back door. We wrote about this before and presented evidence.

Another colleague, Merpel, is quoted in relation to the news about Lucy. Can Lucy be trusted? We doubt it, but she hasn’t much capacity right now to arrogantly ignore Brexit and do the unthinkable. It would be political suicide for her. As a comment put it this morning: “Has she [Lucy] actually stated, in the past, a long-term IP strategy beyond ‘we’re going to join the EU patent system’? That’s a measure rather than a policy so can be dropped as if it didn’t matter. By this I mean, does there exist an imperative to somehow achieve EU patent membership despite all other factors such as preparing for Brexit? If not, then surely this gets referred to the new Minister for Brexit? Alternatively, which vested interest can get to her first/more effectively??”

The Minister for Brexit is David Davis, who is a reasonably OK politician, based on his policies and stances in the areas of technology. He does listen to technology activists and sometimes sides with them, based on his long track record (covered here in passing). He ought to be wise enough to know that the UPC would be a disaster for technology companies in the UK, unlike perhaps patent lawyers from London.

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. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  2. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  3. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  4. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  5. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  6. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  7. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  8. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  9. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  10. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  11. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  12. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  13. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  14. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  15. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  16. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  17. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  18. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  19. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  20. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  21. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  22. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  23. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  24. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  25. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  26. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  27. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  28. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  29. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  30. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom


CoPilotCo

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

CoPilotCo

Recent Posts