09.13.17

Gemini version available ♊︎

Latest Attempts to Blow Air Into the Sails of the Sinking Unitary Patent (UPC)

Posted in Europe, Patents at 2:39 am by Dr. Roy Schestowitz

Making up news about the UPC out of stuff that says nothing about it!

Self-fulfilling prophecy
Reference: Self-fulfilling prophecy

Summary: A survey of the latest media mentions and interpretations of the UPC, which don’t quite stack up when compared to reality

Techrights will, perhaps some time later this week, publish more material about the UPC complaint in Germany. It’s our understanding that the FFII wishes to submit input of its own to courts, adding its voice to that of the EPO and the patent microcosm (including Team UPC).

“After IP Kat‘s admission that the European Commission isn’t pursing the UPC anymore (its position paper conspicuously does not even mention it ) Managing UP, IAM, and IP Watch jump at the opportunity to mention the UPC anyway.”If the German courts foolishly decide to listen only to law firms (regarding the UPC), that will say a lot about their own biases if not mischief. It’ll say or show that they’re not open to input from technology companies and scientists (i.e. those impacted most by the outcome). In other words, more of the same in the UPC saga; it was the same all along…

Looking at the EPO’s Twitter account, yesterday it was promoting the UPC again, in an act of misleading propaganda or a sort of veiled lobbying: “Have you already downloaded a copy of the “Unitary Patent Guide”?”

“The UPC is NOT happening,” I told them, so “stop promoting things that don’t exist, EPO.”

“CJEU does not have jurisdiction to decide on the legality of the UPCA at this point,” a new comment said yesterday, citing that old Gordon & Pascoe opinion. To quote:

The EU was a party to the planned EPLA but is not a party to the UPCA- hence the difference in whether an opinion was sought in advance.

As set out in the Gordon & Pascoe opinion in relation to question 5 (Point 127) https://www.bristowsupc.com/assets/files/counsel_s%20opinion%20on%20effect%20of%20brexit%20on%20upc,%2012%20sept%202016.pdf

and seemingly by the EU Commission, the CJEU does not have jurisdiction to decide on the legality of the UPCA at this point.

The CJEU also noted limits on their jurisdiction in relation the the UPCA in C-146/13 point 101

The UPC, “like the EPO [would be] exempt from EU labour and data protection law,” somebody wrote in the next comment.

Immunity? Again? No oversight? Here we go again; some people carry on pretending that Brexit is not a problem:

Point 90 of C-146/13 seems to be quite clear:
“First, the Unified Patent Court does not form part of the institutional and judicial system of the European Union.”

So it is settled that the UPC is not an EU Institution.

This would also seem to imply that it is – like the EPO – exempt from EU labour and data protection law. Or have I missed something?

Meanwhile, Bristows tries hard to give an illusion of progress, speaking of “allowing for the final preparations for the start of the UPC system, such as recruitment of judges…”

This was halted in the UK and in Germany also. So why bother looking elsewhere, at economies a faction of that size? After IP Kat‘s admission that the European Commission isn’t pursing the UPC anymore (its position paper conspicuously does not even mention it) Managing IP, IAM, and IP Watch jump at the opportunity to mention the UPC anyway. How predictable!

“The EPO, as usual, says what it wants to believe rather than what is true.”Managing IP (or should that be Managing UP, as in Managing Unitary Patent Events?) wrote this yesterday afternoon, IAM said that UPC “is not yet up and running” (and likely NEVER will be), and IP Watch oddly enough chose to quote lies from the the EPO’s management regarding the matter (mentioning the EPO regarding UPC in relation to a report that says nothing about the UPC). They also quote the Chartered Institute of Patent Attorneys (CIPA), one of the biggest pushers of the UPC.

Here is what IAM’s chief editor (strongly pro-UPC) said:

The Unified Patent Court agreement is not yet up and running (and thanks to Brexit and a recent court challenge in Germany may not be for quite a while) and, in any case, is not structured as an EU body, while current patent rights are either national or issued by the European Patent Office, which is not an EU institution.

And from IP Watch:

The situation seems to be slightly different for the unitary patent system. According to the European Patent Office, “The long-term participation of the UK in the Unitary Patent system is legally possible. However, this is a political decision to be taken by the EU, its remaining Member States and the UK.”

It’s barely possible. The EPO, as usual, says what it wants to believe rather than what is true. Giving the coup of Team Battistelli (UPC heavyweights), is it even worth quoting the above?

Wow, so much talk about the UPC. In reports about a report/paper that mentions the UPC not even once! We expected this when we wrote about the paper last week. If Merkel and/or May say “oops” this week, perhaps Team UPC will interpret that as them saying “ups”, thus expressing commitment to the UPC no matter what.

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. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  2. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  3. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  4. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  5. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  6. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  7. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  8. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  9. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  10. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  11. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  12. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  13. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  14. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  15. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  16. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  17. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  18. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  19. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  20. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  21. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  22. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  23. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  24. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  25. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  26. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  27. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  28. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  29. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  30. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying


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