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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.

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