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

02.03.17

Team UPC Continues to be a Premier Source of Fake News About Unitary Patent in the United Kingdom

Posted in Deception, Europe, Patents at 9:41 am by Dr. Roy Schestowitz

Bristows LLP is just one of many in Team UPC, which has become like a cult

Keltie Fake News
Kat-lie or Kel-tie?

Summary: The peddling of lies regarding the prospects of the UPC, or the dissemination of “inevitability” claims (self-fulfilling prophecies tactic), cannot withstand scrutiny, as people who don’t lie for a living rightly point out

THE EPO we’re already accustomed to hear nothing but lies from; but a growing number of law firms, including some that are based in London, tarnish their reputation by making false predictions that are politically and financially (self gain) motivated. These false predictions — if not outright lies and blatant falsehoods — can cost their clients dearly, as these clients are being fooled if not lied to, e.g. regarding the 'benefits' of UPC to SMEs.

One source of rebuttal to these lies has been Dr. Ingve Björn Stjerna, a Certified Specialist for Intellectual Property Law in Düsseldorf. Florian Müller has just amended his article to say: “The author of this guest post has now published a new article on the recent political statements as regards a ratification of the UPCA in the United Kingdom and their legal implications.” In Twitter he called it out as well, as follows: “just added a small update at the end of the recent guest post on Europe’s Unified Patent court…”

This is about the UPC in the UK — merely a hypothetical/theoretical idea that is extremely unlikely to ever materialise. But if one listens to CIPA, a bunch of lobbyists (front group) for the patent microcosm in the UK, fake news are abundant.

This tweet from CIPA says: “Kevin Mooney tells our UPC Seminar the process will be smoother if the UK can ratify the Court Agreement before the Govt triggers Article 50″

Another says: “Kevin Mooney on the question: Can UK stay in UPC post-Brexit? Refers to Gordon/Pascoe opinion that there’s no legal/constitutional barrier”

They are merely expressing their wishes rather than what will actually happen. And law firms from the UK nonetheless repeat this nonsense as though it is fact. “According to Kevin Mooney at @TheCIPA meeting on Tuesday,” one of them wrote, “UK may be aiming to ratify UPC before Article 50 is triggered. #UPC #Brexit”

“That means by 9th March,” IAM added (IAM, for those who forgot or don’t know, was paid by the EPO’s PR agency to help set up pro-UPC events, supported explicitly by the EPO).

“UPC Agreement to be ratified in UK before Art. 50 is triggered,” one person told us “i.e. until early March…”

“New assessment regarding the intended UK ratification,” told us this person, was published this week with an English version [PDF] and the following summary in English (it’s also available in German). To quote:

The British ratification paradox,

Article on the recent political statements as regards a ratification of the UPCA in the United Kingdom and their legal implications (02/02/2017)

Most recently, statements with relevance for the ratification of the Agreement on a Unified Patent Court (“UPCA”) made by members of the British government caused astonishment. While the new British Minister of State for Intellectual Property, Joseph Johnson, underlined the ratification intent, Prime Minister Theresa May shortly afterwards, in her speech on the “Brexit” negotiations, defined a number of objectives which appear hardly reconcilable with such ratification. In this context, it is also of interest that, contrary to the political guidelines set by the previous Prime Minister Cameron and against the broad opposition of the professional circles, the CJEU can be expected to have gained an interpretation competence also in relation to material questions of unitary patent protection, as a consequence of the compromise in the dispute on former Art. 6 to 8 of the “unitary patent” Regulation. The following article describes the statements and their legal implications in more detail.

How long will people be gamed and manipulated by Team UPC with its fantasies? This isn’t the first time that the above author contradicts these false predictions and here is a new comment from IP Kat (“bye bye UK participation in the UPC”):

The Brexit White Paper makes an interesting read:
“We will bring an end to the jurisdiction of the CJEU in the UK”.

So bye bye UK participation in the UPC, then? Or might this not quite mean what it says? The subsequent sentence perhaps gives a clue.

“We will of course continue to honour our international commitments and follow international law”.

I guess that one could characterise the UPCA as “international law”, and so this perhaps leaves the government with some “wriggle room”. However, it will be interesting to see how (if at all) the government manages to “square the circle” where obeying international law (such as the UPCA) requires the CJEU to have jurisdiction in the UK.

Based upon my observations to date of UK politicians, I predict that the mutual incompatibility (with respect to e.g. the UPCA) between the two above-quoted statements will be handled in the usual manner. That is, the government won’t bother trying to explain itself. It will just be evasive and change the topic.

The same approach will be used to handle the question of how free trade with the EU can be achieved without submitting to common rules (and the jurisdiction of a court that interprets those rules)… especially as the proposed alternative (a dispute resolution mechanism that does not have direct effect in UK law) is very unlikely to be palatable to the other EU Member States.

We don’t expect the UPC to ever become a reality and as we wrote yesterday, neither do professionals in the area, based on a new poll/survey. We already wrote some long rebuttals to this a few months ago:

Remember that the person who promised ratification in the UK has since then been sacked or stepped down.

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. 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



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

    Links for the day



  3. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code



  4. Daniel Pocock on Codes of Conduct and Their Potential Dangers in Practice

    In Debian we’ve already witnessed several examples where Codes of Conduct, if put in the wrong hands (in the Linux Foundation it’s corporate hands), can achieve the very opposite of their intended goal and its a true shame as well as a travesty for legitimate victims of real abuse



  5. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  6. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  7. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  8. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  9. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems



  10. We Let Them Get Away With Murder, But They Make up for It by Banning Words

    The Microsoft propaganda machines (notably ZDNet this weekend) are busy portraying Microsoft as a “good company” for censoring words, never mind the actual, meaningful, substantial actions of Microsoft, which is boosting authoritarian people who imprison even babies (for the ‘crime’ of being on the ‘wrong’ side of the border)



  11. High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

    The EPO's 'printing machine' (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms



  12. Epitaph for (Death of) Patent-Centric Media: Litigation Giant Bird & Bird Nowadays Doing Ads as 'Podcasts' in Think Tank Site 'Managing IP'

    Publishers don't hesitate and openly revel in taking bribes as if it's a badge of honour or importance, allowing themselves to be profoundly corrupted in pursuit of quick cash; we discuss what's happening in sites that pretend to cover patent news (but actually drive agenda of litigation giants, to the detriment of actual innovators)



  13. IRC Proceedings: Saturday, September 19, 2020

    IRC logs for Saturday, September 19, 2020



  14. Links 20/9/2020: 4MLinux 34.0 Released, September Release and EndeavourOS for ARM

    Links for the day



  15. Video: Free Communication With Free Software - Daniel Pocock - FOSSASIA Summit 2016

    The 2016 FOSSASIA talk from Daniel Pocock (Debian) about Free software alternatives to Google, Microsoft Skype and so on (Microsoft started paying Debian in 2016)



  16. [Meme] Microsoft Downtime... Now in 'Linux' (Wait a Month for Microsoft to Restore Uptime)

    Microsoft’s utter failure that is "WSL2" is bringing the failures Windows is so notorious for (loss of work, lack of security, fatal patches) to so-called ‘Linux’; the timeframe for a fix says a lot about just how much Microsoft “loves” Linux…



  17. Coming Soon: Microsoft Leaks (Which Microsoft Pressured Medium to Suppress and Promptly Unpublish)

    Microsoft is no ordinary company; exposing it is like dealing with the Mafia or some drug cartel in Mexico, but we're able to publish truths about Microsoft nonetheless (their notorious intimidation and silencing attempts have always failed against us)



  18. Dishonest Corporations -- Like Smug Politicians -- Pretend to be Something They're Not

    Corporate lies dominate the media, having been crafted by unethical marketing departments with their photo ops and hashtags



  19. GNU is Also a Brand, But It Boils Down to Philosophy and Principles, Not Greed or Corporate Identity

    Why the goal of GNU should be freedom rather than so-called 'world domination' (the objective of large firms with shareholders)



  20. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  21. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  22. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  23. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  24. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  25. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  26. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  27. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  28. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News



  29. Political Compass for Free Software (and Those Who Attack Software Freedom)

    With RMS (the father of the movement) betrayed from multiple angles (OSI, Linux Foundation etc.) it’s probably important to depict what’s going on, quasi-politically speaking



  30. Richard Stallman Has Not Changed His Tune at All

    Richard Stallman's (RMS) principled views regarding software go back to the days of zeroes and ones; his position 35 years ago was almost indistinguishable from today's position


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