04.19.17

Gemini version available ♊︎

Another Final Nail in the UPC Coffin: UK General Election

Posted in Europe, Patents at 6:41 am by Dr. Roy Schestowitz

But UPC lobbyists (typically Kats) will soon put this rodent on gymnastics (in logic)

Rodent's coffin

Summary: Ratification of the UPC in the UK can drag on for several more years and never be done thereafter, throwing into uncertainty the whole UPC (EU-wide) as we know it

THE EPO has been extremely quiet this past week, probably due to Easter. But there’s a storm brewing for Battistelli and his UPC hopeful allies.

Jo Johnson, for example, seems to have had a change of mind, based on this former Kat who says “The #UPC made it into today’s @faznet in Germany. Headline: “All new with a question mark.” Cites @JoJohnsonMP (“UPC part of #Brexit talks”)…”

“…there’s a storm brewing for Battistelli and his UPC hopeful allies.”So this can take ages. Maybe 3 years if not 2. In the meantime the UPC is in a limbo.

“Presumably, the fact that a general election has been called will now prevent the ratification of the treaty until after June (if ever),” somebody wrote at IP Kat shortly after the news came in.

“Well said,” another person responded, “my thoughts exactly…”

Team UPC was then openly mocked. These law firms, liars like Bristows, consistently lied about the UPC and misinformed everyone. The next comment said: “Watch out for Mr Mooney et al declaring that the upcoming general election has nothing to do whatsoever with British UPCA ratification and will not in any way have an impact on it. Will we even see some barristers’ written opinon ‘independently’ confirming this? /irony off”

“Team UPC was then openly mocked.”We are sure they are going to spin this, as they always do.

“Parliament to meet for maybe only 7 days before 8th June due to holidays and local elections in May,” the latest comment said. “There will be plenty of trawling over May’s words as to whether Brexit negotiations are delayed, going on or are just not happening anyway at the moment.”

One might ask, where’s IAM? It’s the UPC’s and Battistelli’s well-paid UPC mouthpiece. Yesterday they granted some more bogus awards to patent maximalists and partners (for them to show off in their Web site or whatever). Watch who’s among the awarded people!

“We are sure they are going to spin this, as they always do.”“OMG,” one employee of the EPO hollered at them, “are you guys working for Battistelli and Kongstad?” (linking to the above). S/he continued: “IAM hardcore UPC – Battistelli supporter and promoter backpedaling?”

No, they’re just money-grabbing and they want to come across as legitimate/honest at the same time. IAM was already paid by the PR agency of the EPO to promote the UPC (Battistelli AstroTurfing) and yesterday it wrote: “Strong rumours a UK general election to be called for 8th June. If that is the case, it’s likely to further delay the UK’s UPC ratification.”

Delay? How about call off? Bye bye UPC. It was never meant to be and we barely knew thy…

“The UPC timetable is likely to slip into 2018,” said another person, “assuming that ratification is still on the cards after the election.”

“Bye bye UPC. It was never meant to be and we barely knew thy…”Not 2018. Only the UPC hopefuls would still say that. “This could well derail UPC in its current form. Expect a pretty long delay now – maybe until after Brexit,” IAM wrote about the above tweet from Dr. Alex Robinson, whose blog post states: “If UK ratification of the UPC Agreement is still on the agenda after the general election, it is unlikely to take place until July or August at the earliest. Consequently, the “sunrise period” may well be delayed until at least autumn or winter 2017, with the UPC and Unitary Patent coming online in early-to-mid 2018.”

They keep changing the dates all the time. Recently they said 2018, soon you’ll say 2020 and who knows what’s next… it was the same when UPC was branded “EU patent” or “Community patent”; only a gullible fool would take their predictions seriously.

“Recently they said 2018, soon you’ll say 2020 and who knows what’s next… it was the same when UPC was branded “EU patent” or “Community patent”; only a gullible fool would take their predictions seriously.”There are of course many other problems with the UPC, both inside and outside the UK. Team UPC does not like to openly air these problems. As one patent professional put it this week, “Absence of a Supreme Court or Cour de Cassation in #UPC could be a problem?”

It’s another barrier for the UPC, which “complicates the licensing process for a patent holder.” To quote a portion of the corresponding new analysis:

The UPC complicates the licensing process for a patent holder. He has to decide whether he wants to stay or wants to opt-out from the UPC before licensing his inventions, which could be contentious topic between a licensor and a licensee.

The UPC will bring licensing issues between a patent owner and a licensee. A patent owner, anytime during the seven years transition period, can opt-out from the UPC jurisdiction. However, there isn’t any such provision of a licensee or for an exclusive licensee.

This could bring different issues to the table for a licensor and licensee. An exclusive licensee, for example, in a case of filing an injunction against an infringer may not want the owner to opt out as it prevents him seeking a pan-Europe injunction. On the other hand, in the case of a successful counter-claim, he may want the owner to opt-out to prevent losing his rights over the whole jurisdiction.

“Sometimes you wonder why those associations that aims to defend FLOSS and freedoms are doing on UPC and swpats v3.0,” Benjamin Henrion wrote, alluding to FFII, FSFE, FSF and so on. We have repeatedly invited them to help respond to Team UPC and the EPO’s management, but they have done virtually nothing except this press release that we had drafted.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 8/12/2021: Linux 5.15.7 Out, Linux Mint 20.3 is Near

    Links for the day



  2. Links 8/12/2021: Zorin OS 16 Milestone and Calculate Linux 22 Released; Kubernetes 1.23

    Links for the day



  3. A Call for Sources and Whistleblowers From Microsoft's GitHub

    Remarks on our publications from this morning and a call for more leakers and whistleblowers, who know GitHub better than anybody else (including lots of fools who still outsource all of their hard labour to Microsoft through GitHub)



  4. [Teaser] Rape is Not a Joke

    Having just uploaded a police report, we’re starting to move the ongoing series to the next phase, which will still be — for the most part — weekly installments on Mondays (for months to come)



  5. [Teaser] Meet Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley

    Alex Graveley, a serial abuser, has been protected by Microsoft; what does that say about Microsoft and about Nat Friedman, GitHub’s CEO whom Alex considers his "best friend"? Stay tuned as we have plenty more to show



  6. IRC Proceedings: Tuesday, December 07, 2021

    IRC logs for Tuesday, December 07, 2021



  7. Links 8/12/2021: FreeBSD 12.3, EasyOS 3.1.13, and WordPress 5.9 Beta 2

    Links for the day



  8. [Meme] EU Assurances

    The EPO‘s staff cannot be blamed for losing patience as elected public representatives completely fail to do their job (with few exceptions)



  9. Clare Daly (GUE/NGL) Does What Every Public Official in Europe Should Have Done About EPO Shenanigans

    There’s another (new) push to hold the EPO accountable, seeing that the overseers clearly do not do their job and instead cover up the abuses



  10. Links 7/12/2021: Firefox 96 Beta and Fedora 37 Abandons ARMv7

    Links for the day



  11. Links 7/12/2021: Plasma Mobile Gear 21.12 and Tails 4.25

    Links for the day



  12. All IRC Logs Now Available as GemText Over Gemini Protocol

    Today we've completed the transition from plain text over gemini:// to GemText over gemini:// for IRC logs



  13. IRC Proceedings: Monday, December 06, 2021

    IRC logs for Monday, December 06, 2021



  14. [Meme] Rowing to the Bottom of the Ocean

    The EPO‘s Steve Rowan (VP1) is failing EPO staff and sort of “firing” workers during times of crisis (not at all a crisis to the EPO’s coffers)



  15. EPO Gradually Reduced to 'Fee Collection Agency' Which Eliminates Its Very Own Staff

    Mr. Redundancies and Mr. Cloud are outsourcing EPO jobs to Microsoft and Serco as if the EPO is an American corporation, providing no comfort to long-serving EPO staff



  16. Linux Foundation 2021 Annual Report Made on an Apple Mac Using Proprietary Software

    Yes, you’re reading this correctly. They still reject both “Linux” and “Open Source” (no dogfooding). This annual report is badly compressed; each page of the PDF is, on average, almost a megabyte in size (58.8 MB for a report of this scale is unreasonable and discriminates against people in countries with slow Internet connections); notice how they’re milking the brand in the first page (straight after the cover page, the 1991 ‘creation myth’, ignoring GNU); remember that this foundation is named after a trademark which is not even its own!



  17. Links 7/12/2021: OpenIndiana Hipster 2021.10 and AppStream 0.15

    Links for the day



  18. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  19. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  20. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  21. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  22. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  23. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  24. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  25. Links 6/12/2021: HowTos and Patents

    Links for the day



  26. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  27. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  28. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    Links for the day



  29. Links 5/12/2021: Touchpad Gestures in XWayland

    Links for the day



  30. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large


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