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

03.04.17

Jo Johnson: UPC Agreement is “Currently Only Open to EU Member States” (i.e. Britain Cannot Join or Ratify)

Posted in Europe, Patents at 8:26 am by Dr. Roy Schestowitz

But rumours say he might try to ratify in a rush, without a proper debate, just before Article 50 is invoked (either this coming week or by month’s end)

Jo Johnson

Summary: Even the person whom many inside the echo chamber of Team UPC believe will ratify the UPC admits that it’s a European Union-type treaty (agreement), which therefore cannot co-exist with Britain’s intent to exit the Union (and potentially crack/split the United Kingdom too)

THE EPO has not been saying much about the UPC recently; they too probably realised that they need to keep it under the radar because the more people out there find out, the greater the backlash will be. But even British politicians are starting to find out what’s going on, in part because we inform them, one way or another. We have some plans for next week and we expect many more signatures to land on this petition. The UPC still faces many legal barriers here and I’ll probably make some phonecalls on Monday (e.g. to political parties). We can definitely end the UPC for good (at least in the UK) by this month’s end.

“We can definitely end the UPC for good (at least in the UK) by this month’s end.”“The #UPC #Brexit discussion heating up again,” one person wrote the other day. “1 half of #IP community: “everything is in order”. Other half: “How is this even happening?””

Maybe half of them still believe Team UPC. Based on a recent survey, most patent professionals don't believe Team UPC, which likes to mislead everyone with rosy predictions and baseless forecasts.

The “British political journalists are beginning to pick up on the UPC and Brexit,” IAM warned the other day (after it had done a lot of pro-UPC propaganda). “This is good from @IanDunt,” it said, citing an article we remarked on a few days ago.

“Even Jo Johnson, who is supposed to grok such things (but is probably too young and inexperienced to grasp it all), suddenly realises that the UPC is untenable. “Ian Dunt said “Nowhere near enough of you are reading my article about patents & Brexit. Do you understand the pain I went through?”

Covering patent-related issues and reading (while comprehending) is not easy. We chose to cover a very ‘niche’ topic here in Techrights because it is a very important and often under-appreciated/neglected topic. There are some comments on this tweet from Russell Barton‏. As we already noted the other day (as did others), Dunt hadn’t gotten all the facts right. But it’s not easy, to be fair to him, as British politics, EU politics, and patent laws intersect in truly complex ways. Even Jo Johnson, who is supposed to grok such things (but is probably too young and inexperienced to grasp it all), suddenly realises that the UPC is untenable.

After IP Kat had done some weird things — like relaying of Bristows' UPC agendathis new comment (from yesterday) says:

Am I to conclude that the Kat has lost its tongue on the UPC?

My previous enquiry on this point (http://ipkitten.blogspot.co.uk/2016/12/mini-upc-update-uk-signs-protocol-on.html?showComment=1486978703716#c3870820495469588050) elicited no response.

Now it appears that there has been further discussion of the UPC in the media.

http://www.politics.co.uk/blogs/2017/02/28/patent-law-theresa-may-s-new-brexit-battlefield

Jo Johnson has also formally admitted that the UPC Agreement is “currently only open to EU member states”.

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?house=commons%2Clords&max=20&member=1527&page=1&questiontype=AllQuestions

Maybe I can accept that none of this is “big” news in the IP world. However, I am struck by the curious lack of commentary (both here and in the “mainstream” media, even including rabidly pro-Brexit papers such as the Daily Mail) on issues raised by the UPC, such as how on earth the UK can stay in the UPC… or even how the UPC can be made to function, post-Brexit.

I have heard some hand-waving bluster from various individuals on this point, but nothing whatsoever in the way of serious, reasoned and robust analysis. With the UK seemingly intent on signing up to a venture that will lead us all into the unknown (and potentially on a very bumpy ride for patentees and interested 3rd parties), I find the lack of analysis on this point very troubling indeed.

Not being someone who is prone to believe in conspiracies, I would like to think that there is no self-censorship going on at IPKat on this issue. But it would be nice to have some evidence to support this belief.

Give it up, Johnson. The UPC is not compatible with Brexit and trying to 'hack' or work around the law would simply discredit the whole ludicrous concept of “taking back control” or obeying the law.

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. The ILO Tribunal: Is It Still Worthy of Our Trust?

    Trusting ILO-AT has become a lot harder in light of its handling of EPO scandals



  2. The Dangerous Adoption of Patents on Life and Nature

    In the face of pressure from patent maximalists, as well as an appointment of a patent maximalist to the top of the US patent office, lawyers/law firms which strive to extend patent scope to life itself (or nature) seem to be getting their way



  3. Stronger Patents or None at All: How the Greed of Patent Law Firms and the Patent Office Contributes to Bogus Software Patents Being Amassed

    Alice Corp. v CLS Bank continues to be the sole recent reference for handling of software patents; that being the case, it's rather disturbing that patent law firms continue to recommend patenting of software and offer lousy excuses for that (mainly because they profit at the expense of those foolish enough to believe them)



  4. Patent Strengthening Would Necessarily Mean Lowering the Number of Patents Granted After Alice/35 U.S.C. § 101

    The concept of patent strength is being distorted in all sorts of ways and acronyms like IPR still being used not to describe the process by which bad patents get eliminated but to spread propaganda like 'intellectual' 'property' 'rights'



  5. Watchtroll's Reaffirmed Hatred Towards Science and Technology, Shattering the Myth About Patent Law Firms Trying to 'Help' Innovation

    The anti-technology rhetoric (what they call derogatorily "Big Tech") of patent maximalists is ruining their old narrative which goes something along the lines of helping inventors



  6. Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

    With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn't pass muster in national courts)



  7. Patent Factory Europe (PFE) is a Patent Troll's Publicity Stunt, Attempting to Frame a Predator as the Small Businesses' Friend and Ally

    Patent troll "France Brevets" with its tarnished name (it's the shame of France, a major source of shame other than Battistelli) has decided to do a charm offensive which characterises it as a friend of small firms (SMEs)



  8. Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

    Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place



  9. Links 23/6/2018: Kodi 18 Alpha 2, Peppermint 9, Wine 3.11

    Links for the day



  10. Somewhat Underwhelming Reception for US Patent Number 10,000,000 (Which Actually Isn't)

    While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success



  11. The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

    WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn’t inherently biased against patents in general



  12. Mainstream Media in Germany Covers Battistelli's Corruption at the EPO Just as He Leaves

    Mainstream German media writes about Battistelli's scandals that nobody seems eager or wishes to discuss, let alone bring up; law-centric German media covers the now-famous open letter from German law firms (Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner)



  13. Links 22/6/2018: PulseAudio 12.0, Krita 4.1 Beta, LabPlot 2.5, Git 2.18.0

    Links for the day



  14. “Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

    Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)



  15. Links 21/6/2018: Microsoft's 'Damage Control' Amid Role in ICE Scandals, 11-Hour Azure Downtime (Again), GNOME 3.29.3, and More GNU/Linux Wins

    Links for the day



  16. Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

    The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life — not just career — destroyed



  17. Even Media of the Patent Microcosm Mentions the Decline in Quality of Patents at the EPO, Based on Its Very Own Stakeholders, While IAM Ignores the News

    The whole world basically accepts, based on patent examiners as well as those whom they interact with (patent agents), that patent quality at the EPO has sunk; but the EPO and IAM continue to vigorously deny that as it threatens some people's nefarious agenda



  18. Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

    Links for the day



  19. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  20. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  21. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  22. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  23. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  24. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)



  25. What Battistelli's Workers Think of His Latest EPO Propaganda

    "Modernising the EPO" is what Battistelli calls a plethora of human rights abuses and corruption



  26. Links 19/6/2018: Total War: WARHAMMER II Confirmed for GNU/Linux, DragonFlyBSD 5.2.2 Released

    Links for the day



  27. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  28. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  29. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  30. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents


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