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11.29.16

The UPC Scam Part II: The Patent Echo Chamber at Work, Prematurely Congratulating Itself in Its ‘News’ Sites

Posted in Europe, Patents at 7:00 pm by Dr. Roy Schestowitz

The undemocratic patent conspiracy (UPC): We'll just call it something misleading

Summary: A look at the rather one-sided coverage from blogs and so-called ‘news’ sites associated with the UPC and/or the EPO, which would have us believe that the UPC is a done deal although it’s far from it

The previous post focused on EPO-bribed media that covered the latest UPC twist. Some media, however, barely needs any bribes. Its funding is derived from readers who are working for law firms with special interests, much like Team UPC.

“UK to ratify UPC,” said the headline from WIPR, and “lawyers cautiously welcome decision” (just lawyers).

Not only lawyers’ opinion should count, what about the rest of the people? What about patent holders? What about people without any patents?

SMEs don't like the UPC. Did they receive a platform for their voice from WIPR? Probably out of the question.

Battistelli’s buddy James Nurton, whose employer did a lot of lobbying for the UPC (Nurton himself occasionally does softball ‘interviews’ with Battistelli, with pre-filtered questions), doesn’t seem to care for anyone but the patent microcosm. Watch this article and what they wrote in Twitter (to be covered separately). We’re supposed to think there’s no controversy and that it’s all fantastic news. One side is obviously being overlooked if not gagged. It’s intentional.

Here is what a blog that was supported by the EPO to promote UPC (and funded by its PR firm) says about the news. It doesn’t get any more promotional than this and the same author is meanwhile interjecting himself into some British media and bragging about it.

The out-of-control EPO is hoping to expand its scope of thuggery beyond the Netherlands and Germany. Guess who will pay the price. Is this desirable for the UK? Or as I put it earlier today, how many ethical/legal breaches does it take before the EPO can justifiably be called the Criminal Patent Office?

Is it fair to pretend that the UPC has no opposition? Is this responsible reporting?

Probably the worst kind or ‘reporting’ came from Bristows, as we noted in our previous post (part one). Here we have a new example of Bristows staff promoting Bristows staff and another Bristows staff — a symptom of what IP Kat recently became. How long before Bristows uses IP Kat to keep spreading some more UPC propaganda (as it already did for over a year)? Darren Smyth broke the news for IP Kat this time around (via), so it wasn’t Bristows for a change. But Smyth plays a role in pro-UPC events, as we noted a few days. There are many UPC promotions/forums/events these days (one is about to start) and they are basically echo chambers. See this new tweet that says: “The @IPSummit next week could get even more interesting depending on #Monday’s news re. #UPC #UK #Brexit”

There is also one tomorrow. That’s the one Smyth is in. Will Lucy Neville-Rolfe, who is acting like an agent of Team UPC this week, be treated like some kind of hero and be put on a pedestal? In our view, her actions on UPC reveal little less than systemic corruption where patent lobbying is on the line and pressure basically instructs her decisions (which even patent law firms admit was surprising as it was utterly irrational).

Here is a blog post titled “May Accepts Supremacy of EU Law on Patents”. To quote: “In her conference speech Theresa May vowed that Brexit would mean “our laws will be made not in Brussels but in Westminster. The judges interpreting those laws will sit not in Luxembourg but in courts in this country. The authority of EU law in Britain will end”. Well, not quite…”

This is similar to what Glyn Moody wrote. But never mind the issues and conflicts associated with it (likely to derail this plan as we shall show in later parts). Team UPC and/or the patent microcosm (overlaps there) celebrates a potential passage, or looting, from the population of Europe, with patents as a vehicle of taxation. In spite of it being merely an expression of intent one headline we found was “The UK will ratify the UPCA!” Here is what it says:

At the EU competitiveness council meeting today the UK Minister of State for Energy and Intellectual Property, Baroness Neville-Rolfe, indicated that the UK will ratify the Unified Patent Court Agreement (see official press release here).

But it may not be able to. Alternatively, it can be revoked once the public backlash starts and it turns out that this is not possible (incompatible with various aspects of UK law, with or without Brexit).

Let those wishful thinkers rest on it for a week or two. The fight over the UPC will likely intensify soon and people who are not patent lawyers start asking all sorts of ‘awkward’ questions.

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