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06.01.17

Patent Trolls in Europe and the Looming Collapse of the UPC

Posted in Europe, Patents at 3:38 am by Dr. Roy Schestowitz

Summary: Imminent election in the UK, as well as several other factors, may threaten to throw the UPC into even greater uncertainty just when patent trolls are beginning to flock to Europe with the intention of capitalising on it

THE EPO is out of control, whereas the US patent system is gradually being reformed by the Supreme Courts (with two more important decisions last month).

“EPO and its patent court will not have that corrective.”
      –Jan Wildeboer‏
As Red Hat’s Jan Wildeboer‏ put it the other day, “let’s thank $DEITY that #SCOTUS puts shit in its place. EPO and its patent court will not have that corrective.”

In Germany, software development professionals such as Wildeboer‏ are growingly concerned about an upsurge of software patents and patent trolls that exploit these. Trolls are coming to Europe, including to London (we wrote about that some week/months ago when the trolls got their way in court) and IAM, funded by trolls and located somewhere in the London area, is satisfied about that. It even wrote a confirmatory article about it earlier this week.

“In Germany, software development professionals such as Wildeboer‏ are growingly concerned about an upsurge of software patents and patent trolls that exploit these.”Dr. Luke McDonagh, citing a New York Times opinion piece, notes: “Another unwelcome stat: in 2016 EPO granted 5 times as many #patents to German companies as to British & twice as many to French companies…”

Bristows, the London-based liars (or lawyers) who are perpetually promoting patent trolls in Europe (and of course UPC too, as these go hand in hand), maintain their advocacy of UPC. Germany cannot ratify the UPC unless the UK does (as there would be no point; we covered this before) and Francisco Moreno added: “Countersignature by German gov. (Merkel or a German Minister) is the next step. One step beyond?”

“Germany cannot ratify the UPC unless the UK does…”Well, his source is Bristows, which can’t help lying (false predictions all the time). It’s this ‘gem’ from Gemma Barrett, who after the mirage of Germany going ahead proceeds to the next lobbying effort (remember that Bristows staff are deleting messages of those who refute them). There was also Alan Johnson with this puff piece quoting UPC allies like Bieńkowska [1, 2, 3].

Notice how they dodge discussion about the role of the UK, or lack thereof. So did the ToryGraph some days ago when it published this lobbying piece (in the form of an ‘article’ or ‘report’).

“It’s a front group for just a few giants, just like the US Chamber of Commerce, and it lies or misleads by omission.”The headline is very misleading because British businesses oppose the UPC, yet the article pretends that the British Chambers of Commerce can somehow represent “EU businesses” or even UK-based businesses. It’s a front group for just a few giants, just like the US Chamber of Commerce, and it lies or misleads by omission. “Not sure if you saw that one,” one reader told us about this, but “the only time the ECJ is mentioned is in the comments.”

Here are some excerpts:

Britain should join the EU’s patents union and stay in after Brexit, businesses on both sides of the Channel have demanded, arguing that the Unitary Patent system is helpful regardless of Britain’s status in or out of the EU.

[...]

The British Chambers of Commerce and its EU counterpart Eurochambres have written to the UK’s business secretary Greg Clark to encourage him to push ahead with the plan.

IAM, a UPC booster, correctly noted in relation to this article that “The UK government’s growing anti-EU rhetoric could make joining the UPC politically impossible after the election.”

“Be careful of misleading, agenda-driven ‘blogs’ or ‘reports’ from front groups of corporations and self-serving firms like Bristows.”Moreover, it’s beginning to look like Tories (with Jo Johnson) might lose the election next week. The people involved may already be on their way out.

Be careful of misleading, agenda-driven ‘blogs’ or ‘reports’ from front groups of corporations and self-serving firms like Bristows. We’re quite amazed at what they manage to get away with. They try to shape some sort of alternative ‘reality’ where UPC is both inevitable and desirable by all.

Shame on the Administrative Tribunal of ILO for Helping Team Battistelli Abuse EPO Staff

Posted in Europe, Patents at 2:35 am by Dr. Roy Schestowitz

Summary: A look at the rather insidious connection between ILO and the EPO, which ILO is supposed to regulate in the labour rights sense

TECHRIGHTS has written a series of posts bemoaning the state of ILO, based on people who saw the rot from the inside. Not too long ago, adding insult to injury, SUEPO wrote about it too (as covered at the end of last month).

“Breaking news,” a reader of ours called it, are the “Judgements of [the] 123rd session, 2nd part – Admin. Tribunal’s President publicly praises the EPO (only)!”

We saw this before, so we are not too sure it can be considered news. The interpretation, however, is new. “Please listen yourself,” said this reader, adding the following more detailed explanation:

Admin. Tribunal ILO notes “with satisfaction” that the EPO has taken “some specific measures” to implement the Tribunal’s orders. No other organisation was praised like this!

The President of the Tribunal also drew the attention to “a” recent judgement of the Supreme Court of The Netherlands that “upheld the integrity” of the EPO’s course of justice including the Tribunal’s role in it.

From the President’s public praise for the EPO – and only for the EPO! – one can at least conclude that the Tribunal’s cooperation with the EPO seems to be unusually close, i.e. closer than with other organisations.

This is something which we repeatedly covered last month and intend to delve deeper into. Anyone who has material about the ILO(AT) going ‘soft’ on the EPO is encouraged to get in contact with us because this sort of soft ‘collusion’ helps facilitate the immunity granted and maintained by the Dutch government. It often seems like EPO management and ILO management just guard each others’ jobs rather than guard justice itself (or the jobs of ordinary EPO workers).

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