Summary: Observing the latest attempts by Team UPC (Winfried Tilmann etc.) to ram the UPC down politicians' throats, even though it is neither desirable nor legal/constitutional as things stand

TECHRIGHTS spent many years covering the UPC (also in its previous incarnations) and earlier this month we wrote about imminent attempts (at the end of this month) to revive this zombie of a treaty-like sham -- something which European citizens would strongly disapprove of if they actually knew anything about it. Team UPC likes to keep it sort of secret, or simply lie about it, insisting that it's good for SMEs when in fact the very opposite is true. The UPC is a huge, gross injustice, but thugs and liars like Battistelli (and those blindly loyal to him, maybe out of fear) keep pushing for it (see the screenshot above, including the quote from Battistelli).

"The post-Brexit vote future of Europe's unitary patent system is set to become much clearer on Monday," IAM's editor wrote yesterday (his headline in fact). Our expectation is that on Monday the UPC will remain as dead as it is now, but Team UPC will deny it. Here are the concluding words from IAM, which in the past organised pro-UPC events, supported by the EPO and sponsored by the EPO's PR firm:

In addition to the above, there are undoubtedly other scenarios that might play out; while it is also quite possible that contrary to expectations the UK will not say anything definitive on Monday. If I were to place a bet, though, I would plump for a confirmation of non-ratification and the other EU member states then refining the UPC agreement to make the UK’s participation non-essential. But I would not put a lot of money on it. The best advice is to avoid betting shops and to keep a look out for an announcement sometime late Monday afternoon or evening Central European Time. Early next week, a period of post-Brexit IP uncertainty could well come to an end.

Previously, the same author said that it would take another 2 years (or more) before there is sufficient clarity for the UPC to proceed (if at all). As we noted here just a couple of days ago, IAM is now organising another UPC-centric event. They won't give up until the EPO runs out of budget or Battistelli gets admitted into a mental asylum.

"Yet another echo chamber for the UPC," wrote Benjamin Henrion (FFII) yesterday, adding: "can we have a real debate please?"

Henrion referred to "yet another echo chamber" as he called it when he told us about it. "There seems to be the same conference with the same speakers next week 30th Nov (in my latest tweets). Council meeting is 28th Nov, they expect UK to say something..."

The "same conference with the same speakers" is being advertised via E-mail and this one too is titled "Finalising the Unitary Patent Package," to take place on the 8^th of February in Brussels.

They are sending this around via E-mail:

Finalizing the Unitary Patent Package: Challenges and Ways Forward Thon Hotel Brussels City Centre, Brussels Wednesday 8th February 2017

Willem A. Hoyng Partner Hoyng Rokh Monegier

Pierre Véron Lawyer, Member of the Paris Bar Véron & Associés

Katalin Lubóczki, Member, UPC Preparatory Committee, Attaché for Intellectual Property, Audiovisual Policy and Consumer Protection Permanent Representation of Hungary to the EU

Prof. Dr. Winfried Tilmann Of Counsel Hogan Lovells, Düsseldorf

Darren Smyth Partner, Patent and Design Attorney, London, EIP Europe LLP Author for The IPKat & IP Alchemist Member of the Editorial team for the Journal of Intellectual Property Law & Practice

The introduction is as follows:

In December 2012, after a 40 year long quest, the European Parliament and the European Council finally reached a formal agreement on two EU regulations, making the European Patent with Unitary Effect (EPUE) an achievable prospect. With almost all EU member states - except for Spain and Croatia - participating in the enhanced cooperation, the legislation is supposed to come into force by the end of the year 2016/beginning 2017.

Experts, however, argue about the intended cost saving factor as well as the theoretical simplicity the EPUE package will bring, being mostly concerned about the patchwork nature of the system. Also, with the recent Brexit vote, additional straits are adding up, making the future of the Unitary Patent unclear.

This timely Symposium will offer an opportunity to inform and find out more about the current developments and challenges regarding the Unitary Patent and the Unitary Patent Court. The conference will evaluate advantages and disadvantages, build strategies for businesses on how to proceed and support the exchange of information and best practices with experts, practitioners and policymakers at EU level.

We saw -- and covered something similar to this -- before. Pay attention to the pricing; as we noted here before, these events are also priced out of reach, with concession to the 'choir'. So it looks like it's open to everyone, but it's not. It's like a paywall for the rich, by the rich. The price is the gatekeeper.

Yesterday someone left this comment in IP Kat, in relation to another event. "Good grief that is a lot," said this person. "Go to one of cheaper seminars or even the free ones -Brussels is full of free ones as well which are just as good. Ok not so many corporates crammed into one place but if it is the Commission speakers you want to hear -these particular individuals are the regulars and turn up anywhere.So save your money and go to those e.g which the Lander host for free, are smaller and so you get to talk to the speakers and where the food is excellent."

Well, Team UPC isn't interested in a large audience; it just wants to ensure that the audience is in the same bed, it doesn't want dissent. This pretty much says what the event is all about: lobbying. ⬆