06.29.17

Gemini version available ♊︎

The UPC’s Figurehead, Alexander Ramsay, Admits UPC is Stuck, Bristows LLP Comes Up With ‘Alternative Facts’

Posted in Deception, Europe, Patents at 9:11 am by Dr. Roy Schestowitz

Older: UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

Alexander Ramsay, Bristows, and the UPC gold rush
Alexander Ramsay, Bristows, and the UPC gold rush

Summary: The Unified Patent Court (UPC) isn’t making progress, but those who are keen to spin, mislead, distort facts and even falsify/fabricate statements would have us believe otherwise

THE UPC is stuck. It may in fact be dead like the TPP. But will Team UPC give up and admit defeat? Of course not. They have been lying about the UPC for a living for a number of years; they lied to officials, they lied to businesses, they lied to the media and so on.

“They have been lying about the UPC for a living for a number of years; they lied to officials, they lied to businesses, they lied to the media and so on.”Expecting Team UPC to abandon the UPC is like expecting a carpenter to abandon the hammer, the shoemaker to stop obsessing over shoes or asking a model to stop staring at the mirror. No matter what happens, Team UPC will always lie, if not just to others than at least to itself. Self deception can be a moralising exercise. Without the UPC, their whole raison d’être (or at least lobbying) was all in vain.

The EPO has said absolutely nothing about what happened in Germany. Who can blame the EPO? It’s so accustomed to outright lying, so lies by omission are a lesser offense.

“Is UPC ratification back on track in the UK? In a nutshell, no. Not even close.”Yesterday, in IP Kat comments, some jokes started to surface about DUP. Is the “UP” in “DUP” “Unitary Patent”? Well, basically, Bristows are at it again, having lied, cheated, etc. They gave the illusion of UPC progress first in their blog and then in IP Kat (which actually attracts some readers, unlike their lousy blog). They would have us believe that the UK officially resumes UPC ratification and all is back on track. But as always, look at what Bristows is hiding or distracting from. A lot of wishful thinkers (as we noted yesterday) have already relayed the propaganda from Bristows. Debunking is important because few sites out there have both the interest and the information required to refute the nonsense (of which there have been heaps for a number of years).

Our rule of thumb: whenever hearing something about UPC always fact-check and trace things back to the source (with extra scepticism when those who stand to personally gain from the UPC speak).

Is UPC ratification back on track in the UK? In a nutshell, no. Not even close.

“The longer it [the UPC] is delayed, the less its value.”
      –Anonymous
The comments are joking about the Conservative government, especially in light of its desperate deal with an antiscientific political party. “I suppose the DUP were in favour if the UPC then,” one comment joked. “Very progressive.”

Another asked: “Does anybody know what the DUP’s policy on IP is? Do they have a stance on the Unitary Patent?”

One answer was this: “I’ll go out on a limb and presume that they are not particularly concerned by IP or the UPC, as long as they don’t involve popery or dinosaurs…”

Suffice to say, DUP has nothing to do with it. In fact, UPC is not at all on the agenda as Tories scramble to merely survive and form a government. To believe otherwise is to either be misinformed or very, exceedingly gullible. Just unfold any British newspapers these days; it’s pretty chaotic. UPC is mentioned nowhere. At all! The EPO says not a word about it, except when Battistelli lies to impress a docile crowd.

“Better to say, the greater the delay, the less likely it is to happen. Ever!”Regarding the “DUP Bribe” (the latest scandal here, since Monday), one person wrote this: “Agreed, but as they aren’t particularly concerned, there is every possibility that if they believe the government thinks the UPC or any other IP issue is particularly important they will ask for another few £100m to agree to it.”

Someone in another thread, seemingly a UPC proponent, wrote somewhat panicky that “The longer it [the UPC] is delayed, the less its value.”

Better to say, the greater the delay, the less likely it is to happen. Ever!

Another new comment about it alludes to the deadlock in Germany, which adds perhaps another half a year in delays (and may result in Germany abandoning the UPC in its current form).

To quote:

In my understanding, the “imbalance” is that an opponent in EP opposition proceedings after unsuccessfully going through the full EPO proceedings can try again in DE nullity proceedings. The opponent gets two shots and needs only one hit.

As far as I know, it is not different for an opponent in DE opposition proceedings. I don’t see why it should matter that DE opposition proceedings have one more instance.

There is a difference in that both DE opposition proceedings and DE nullity proceedings are handled by the BPatG (and reviewed by the BGH). But is the BPatG/BGH in nullity proceedings in any way bound by the final decision in the DE opposition proceedings between the same parties on the same patent?

Only if the BPatG/BGH is legally bound (to the extent that the facts are the same etc.) would I agree that the EP/DE imbalance is not present in the DE/DE system. But then, if the imbalance in the EP/DE system really is a problem, the solution is simple: make sure that the BPatG/BGH is legally bound in the same way by a final decision in EPO opposition proceedings.

(It seems the German courts don’t require much in the way of standing in nullity proceedings and do not mind strawmen. So imbalance appears to be ingrained in the German national patent system. Likely there is nothing unconstitutional about it.)

One could think that any reasonable person would accept that Europe’s largest economy is now the centre of attention (or deadlock), not somewhere like Estonia (Bristows pays for nonsensical ‘articles’ about Estonia, to give an illusion of progress).

“We assume IP Kat doesn’t want accuracy anymore, just marketing.”
Yesterday, citing UPC propagandists (the UPC Preparatory Committee, which is essentially a misnomer as it's a bunch of moles), IP Kat again allowed propagandists from Bristows replicate and expand propaganda from their misleading blog. In our last article about the UPC we debunked what they had published in their blog. But on they go at IP Kat, never mind if commenters will identify all the holes very quickly (they can always just delete ‘inconvenient’ comments, as they habitually do these days).

The first comment, which was miraculously approved, was responding to the propagandists from Bristows by gently and politely debunking them as follows: “What difference will the Conference recess (Parliament breaks up again for party conferences between 14 September and 9 October) make to this estimate? It leaves a very short time to sort out the committees (a process which is only barely starting now and won’t be complete until at least September) and have them consider the legislation. Isn’t it more likely this will happen in October – and we are not certain how long it will take. And won’t the Scottish order have to be in place too? When is that realistically expected to happen? January sunrise seems a little optimistic to me. I suspect a month or two later but we’re all guessing…”

“Amid German constitutional challenge on UPC – what happened to Ireland’s constit[utional] referendum on the esoteric subject of patents and the UPC?”
      –Luke McDonagh‏
It’s worse than guessing. It’s lobbying. We assume IP Kat doesn’t want accuracy anymore, just marketing. It’s reputational downfall. Bristows can’t help leaving a mess of fake news and propaganda in at least 3 blogs and paid-for ‘articles’ (they pay some sites to repost their fake news). Frankly, someone needs to clean up this mess. That someone certainly isn’t Alex Robinson, who wrote to me a couple of days ago to defend Bristows, just before he too started relaying that fake optimism. Citing Bristows, Alex Robinson said that “a draft Order was laid before the Westminster Parliament. This is subject to the so-called “affirmative resolution” procedure, requiring scrutiny by both Houses of Parliament. Despite the “Brexit” vote, no serious opposition is expected to the passage of the legislation.”

He wrote about that again, under the banner “preparatory work continues” and he also tweeted a lot about it [1, 2, 3, 4], totally ignoring the part about Germany (not alternative facts but inconvenient facts).

“UPC (Unified Patent Court) comes to a screeching halt due to Germany…”
      –Rolf Claessen‏
How could he miss it, omitting the parts that don’t suit Team UPC? Well, linking to the same text from Ramsay (himself a core part of Team UPC, sometimes appearing in conjunction with the EPO’s dedicated UPC liar, Margot Fröhlinger), some people took note of his comments on Germany.

Dr. Luke McDonagh‏ asked: “Amid German constitutional challenge on #UPC – what happened to Ireland’s constit referendum on the esoteric subject of #patents & the #UPC?”

Even a UPC proponent from Germany moaned as follows: “#GRUR2017 – Germany’s most important IP conference. 3 days. More than 1000 attendees. Number of session on #UPC: 0 #spilledmilk”

Maybe because they know that it’s anything but certain. It’s a dead dream perhaps…

“UPC/UP project runs into more trouble as suit lodged in the German Constitutional Court…”
      –Anne Hargreaves‏
Rolf Claessen‏ wrote that the “UPC (Unified Patent Court) comes to a screeching halt due to Germany http://bit.ly/2tnhAUS” (linking to the same text as Bristows but interpreting it differently).

Another professional, Anne Hargreaves‏, said that the “UPC/UP project runs into more trouble as suit lodged in the German Constitutional Court https://www.unified-patent-court.org/news/message-chair” (again, linking to the same text as Bristows but interpreting it differently).

Bristows staff should apply for a job at Donald Trump’s office. Apparently they need people to help distort reality.

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. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  2. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  3. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  4. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  5. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  6. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  7. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  8. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  9. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  10. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  11. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  12. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  13. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  14. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  15. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  16. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  17. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  18. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  19. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  20. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  21. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  22. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day



  23. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...



  24. Black Friday SPAM on the World Wide Web: A Reminder That the Web is a Dying Platform, Languishing Due to Marketing and Misinformation

    The junk that overruns the Web this 'Black Friday' week (consumerism 'on steroids') is a good reminder that the Web isn't healthy for the mind anymore; it's mostly spying on people, trying to compel them to buy particular things or vote a certain way



  25. Microsoft-Led Misinformation Campaign About Germany and Munich Reminds Us That Microsoft Hates and Actively Undermines GNU/Linux Adoption

    Regarding the latest moves to GNU/Linux in Germany we have 3 points to make



  26. Links 23/11/2021: Libreboot 20211122, Deepin Linux 20.3, Amazon Linux 2022, and Mabox Linux 21.11 Released

    Links for the day



  27. IRC Proceedings: Monday, November 22, 2021

    IRC logs for Monday, November 22, 2021



  28. Links 22/11/2021: EasyOS Dunfell 3.1.11, Microsoft 'Extends' Mesa for Windows

    Links for the day



  29. Microsoft's GitHub is Hugely Toxic and It Censors Critics of Corporations or People Sceptical of Those in Power

    Sociopaths have taken over GitHub and control over GitHub (by Microsoft) is being shamelessly misused, just as we’ve warned all along; GitHub is social control media/network for code, asserting control over projects and developers by means of censorship and other sanctions



  30. EPO Staff Engagement Survey Predates the Pandemic and Provides False Assumptions for EPO Policies or Policy-Setting

    The EPO ticks a box for "surveying the staff", but is it actually listening? Is that done often enough? It was last done almost 3 years ago...


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