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

04.27.17

Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

Posted in Europe, Patents at 11:26 am by Dr. Roy Schestowitz

CIPA on UPC
View larger version

Summary: A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again

THE EPO‘s management is eager if not desperate to bring legal chaos to Europe (in the form of UPC), even if the public and businesses object to it.

So why did the UPC have some momentum? Well, Team UPC was pushing for it in private events where it habitually lied (for instance claiming that UPC was “for SMEs” — the very opposite of what’s true). Christopher Weber, for example, part of the litigation ‘industry’, ignored what didn’t suit his position and wrote: “Very little opposition to the UPC in the U.K.?”

“Despite political will & legal creativity, Brexit is end of UK in UPC.”
      –KlunkerIP, Munich law firm
No, not really. There is a lot of opposition among people who know what is going on. There is in fact this new petition titled “Reject the ratification of the Unitary Patent treaty by the UK and Scotland”. Someone from FFII started it and the summary states: “The Unitary Patent contain articles which refers to the supremacy of the Court of Justice of the European Union (CJEU), while politicians have promised to respect the democratic Brexit vote of UK citizens to leave the EU; The UPC court will provide case law in favor of software patents.”

KlunkerIP, a “Munich IP law firm reflecting on professional issues” (based on its Twitter profile), has meanwhile said: “Despite political will & legal creativity, Brexit is end of UK in UPC. #CJEU held only #EU states can make #UPC. #UK like #CH or #NO (fm)”

The supposed “political will” is due to mischief and lobbying from Team UPC, CIPA, etc. Someone from the patent microcosm has just selectively quoted in a tweet something from a new article: “Great quote in The Times UK IP supplement Raconteur “There may be a compromise and we’ll be allowed into the UPC th…”

“I thought it was a quite good piece as it states quite clearly that the UPC is incompatible with the CJEU not having jurisdiction in the UK after Brexit.”
      –Anonymous
We’ve decided to chase the source and see what’s behind it, knowing that Team UPC has turned lying into somewhat of an art form. We have produced a screenshot of this article (requires Flash and bloat to view otherwise) and it looks like News Corporation doing another puff piece for a stakeholder. “Not sure if you have seen this one,” one reader told us, but “look at page 3…”

Not News Corporation’s page 3 of The Sun…

Having just read it quickly, it looks familiar. It repeats a lot of myths. I asked the reader if there was “anything in particular” in that article that’s worth repeating, for it’s “full of lies” and it was published in association with CIPA, i.e. it’s lobbying. “I thought it was a quite good piece,” the reader told me, “as it states quite clearly that the UPC is incompatible with the CJEU not having jurisdiction in the UK after Brexit.”

“Team UPC does not want the public to understand what’s going on, for fear it might — gasp! — get involved.”Why didn’t Team UPC cite these passages then? Not convenient enough? Where is the coverage from IP Kat? Something about these serious issues? Well, Bristows’ virtual takeover of IP Kat seemed further cemented yesterday. Bristows, based on this nonsensical post, now speaks for “the entire IPKat team!” (direct quote)

In this post, Bristows' lobbyist also sucks up to Microsoft’s patent extortionist once again. Serial litigators who shake down companies for ‘protection’ money…

So anyway, why is it so hard to obtain accurate information about the UPC? Well, that’s a design flaw. Team UPC does not want the public to understand what’s going on, for fear it might — gasp! — get involved.

“It’s ‘laundering’ of law or abject hijack of law (stealing democracy) by those who want more litigation because they would profit from it at everyone’s expense.”Ever heard how lobbyists are writing laws on behalf of corporations? Watch what Team UPC is trying to do right now, based on this tweet and corresponding blog post from Louise Amar (part of Team UPC).

“The Preparatory Committee published the new draft rules of procedure,” it says, not quite noting who’s in this committee (it’s an embarrassment if not institutional corruption). It’s an “undemocratic procedure,” Benjamin Henrion (FFII) told them. They have detailed a list of changes to procedures, written by so-called ‘experts’ who are actually the wolves pretending to guard sheep. That in its own right should disqualify the UPC. It’s ‘laundering’ of law or abject hijack of law (stealing democracy) by those who want more litigation because they would profit from it at everyone’s expense. Letting these people write these laws is like allowing oil companies to compose environmental regulations which govern them.

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. Links 16/10/2019: Plasma 5.17.0, Project Trident Moves to GNU/Linux, NuTyX 11.2

    Links for the day



  2. ...So This GNU/Linux User Goes to a Pub With Swapnil and Jim

    It's hard to promote GNU/Linux when you don't even use it



  3. How to THRIVE, in Uncertain Times for Free Software

    "The guidelines are barely about conduct anyway, they are more about process guidelines for "what to do with your autonomy" in the context of a larger group where participation is completely voluntary and each individual consents to participate."



  4. When They Run Out of Things to Patent They'll Patent Nature Itself...

    The absolutely ridiculous patent bar (ridiculously low) at today’s EPO means that legal certainty associated with European Patents is at an all-time low; patents get granted for the sake of granting more patents each year



  5. EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

    Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices



  6. Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

    Team UPC (“empire of lies”) is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything



  7. As Expected, the Bill Gates Propaganda Machine is Trying to Throw/Put Everyone off the Scent of Jeffery Epstein's 'Incestuous' Ties With Gates

    Media ownership up on display; it's amplifying false claims for a whole month, whereas truth/correct information gets buried before a weekend is over



  8. IRC Proceedings: Monday, October 14, 2019

    IRC logs for Monday, October 14, 2019



  9. [ES] El Kernel de Linux está introduciendo Open Source Privative Software

    Linux, el kernel, continúa su trayectoria o el camino hacia convertirse en software propietario de código abierto (OSPS).



  10. Linux Foundation Board Meeting

    More sponsored keynotes and tweets — like more sponsored articles (or “media partners”) — aren’t what the Linux Foundation really needs



  11. Links 14/10/2019: Linux 5.4 RC3, POCL 1.4, Python 3.8.0

    Links for the day



  12. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  13. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  14. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists



  15. Meme: Software Patents at the EPO

    The evolution of “technical effect” nonsense at the EPO



  16. IRC Proceedings: Sunday, October 13, 2019

    IRC logs for Sunday, October 13, 2019



  17. Firm of Microsoft's Former Litigation Chief Uses Microsoft-Connected Patent Lawsuit Against GNU/Linux (GNOME Foundation) for New Breed of FUD Campaigns

    The patent troll of Bill Gates and Nathan Myhrvold has fed a patent troll that's attacking GNU/Linux and a firm owned by Microsoft's former litigation chief says it proves "Open Source Software Remains a Target"



  18. "Widespread Adoption" (Did You Mean: Takeover by Monopolies?)

    "Quite a few of them are people that would rather replace David with Goliath, just because he's bigger. Quite a few are already taking money from Goliath."



  19. Links 13/10/2019: Red Hat CFO Fired and KDE Plasma 5.17 Preparations

    Links for the day



  20. Bill's Media Strategy Amid GatesGate

    There are many ways by which to game the media’s news cycle — an art mastered by the groper in chief



  21. Hard-Core Micro-Soft

    The word "core" is increasingly being (mis)used to portray user-hostile proprietary software as something more benign if not "open"



  22. Free Software Timeline and Federation: When Free Software Advocacy/Support is a Monopoly Expansion Becomes Necessary

    Support for Software Freedom — like support for Free software (think Red Hat/IBM and systemd) — should be decentralised and compartmentalised to make the movement stronger and adaptable



  23. Projection Tactics

    The corporate media hasn't been doing its job lately; it has systematically defamed the wrong people, perhaps in an effort to distract from 'big fish'



  24. Meme: Richard Stallman Irrelevant

    Saint IGNUcius — Richard Stallman — just isn’t the Saint Bill Gates is



  25. IRC Proceedings: Saturday, October 12, 2019

    IRC logs for Saturday, October 12, 2019



  26. Links 13/10/2019: Mastodon 3.0, GNU Binutils 2.33.1, and the Road to KDE Frameworks 6

    Links for the day



  27. The New York Times About the Real Epstein-Software Scandal (Nothing to Do With Stallman)

    The media is belatedly catching up with and covering the real MIT scandal which extends far beyond MIT



  28. Openwashing Reports Are on Hold

    The need to stress Software Freedom and shun all that "open" nonsense has quickly become apparent; some of the people who oppose Stallman turn out to be "Open Source" proponents who don't even value freedom of expression (free speech)



  29. Support the GNU Project and Support Free Speech

    Techrights is loyal to Software Freedom and those eager to promote it; it cannot, however, support those who don’t support free speech



  30. Today's EPO is Working for Patent Trolls and the 'Aye Pee' (IP) 'Industry' Instead of Science

    The EPO is making allegiances and alliances with groups that represent neither science nor businesses but instead push for monopolies, litigation and extortion; lawlessness appears to have become the EPO's very objective instead of what it intends to tackle


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