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

04.19.17

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 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. IRC Proceedings: Tuesday, October 22, 2019

    IRC logs for Tuesday, October 22, 2019



  2. Why GNU Is Better Staying Top-Down, Even If Free Software Isn't

    "Open Source is like a broken record, and it is a broken promise. If you want to fail, follow them -- they will show you the way."



  3. Guest Article: Why Users Must Dictate the Free Software Movement

    "Recently, a person named Eric Lundgren completed his jail sentence just for copying and distributing Microsoft software which is available for free in their website"



  4. Links 22/10/2019: MX-19, Tails 4, Mesa 19.1.8 Released

    Links for the day



  5. “Stallman Was Right” is Not Just a Meme as It's Usually True

    The track record of Stallman isn't immaculate, but it's exceptionally good if not impressive



  6. EPO Diplomatic Immunity

    What people can get away with at the European Patent Office (EPO) if their name is Battistelli or António Campinos



  7. Dr. Ingve Björn Stjerna Reveals How the German Government Actively Ignored SMEs to Push the Notorious 'Unitary Patent' Sham

    Turning European Patents (which are no longer good patents but expensive or overpriced patent monopolies — patents which European courts will likely reject) into “unitary” ones (i.e. enforceable EU-wide with one legal action) would harm wrongly-accused parties that mostly or only operate in one single country, overriding the authority of those parties’ national laws and courts



  8. Links 22/10/2019: Pacman 5.2, Shame of Disney+ DRM, Microsoft's DRM Scheme, Microsoft Reprimanded for Privacy Abuses

    Links for the day



  9. Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

    The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren’t for “information” and “innovation” anymore; moreover, calling them “intellectual property rights” (or IPRs) is spreading a malicious lie



  10. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  11. SUEPO Protest Tomorrow. All EPO Staff in Munich Ought to Attend and Prepare to Strike Too.

    Tomorrow’s planned protest should be a bridge towards a full strike, which takes more time to plan for and get authorisation for (because of increasingly strict restrictions)



  12. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  13. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  14. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  15. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  16. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  17. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  18. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  19. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  20. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  21. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  22. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  23. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  24. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  25. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  26. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  27. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  28. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  29. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  30. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)


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