Bonum Certa Men Certa

Even One of the UPC's Biggest Boosters, Wolters Kluwer, Admits UPC is in Trouble

Last year: Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

Wolters Kluwer



Summary: The Unified Patent Court (UPC), also commonly referred to as "Unitary Patent", is in serious trouble, and the main remaining proponent that's still in denial about it is Bristows (UK), which keeps disseminating misleading claims

A FEW days ago we wrote about Bristows interjecting UPC jingoism into the media. Even the EPO has given up on it by now; it rarely mentions the UPC anymore (not a word for weeks, until yesterday's tweet; I've told them "[t]he UPC is dead and telling people otherwise is misleading them").



"Why do they keep trying to float that pipe dream?"Max Walters wrote 3 days ago: "For those who are interested this is the committee that will scrutinise the #UPC (Immunities and Privileges) Order 2017."

"Will scrutinise something which is not even compatible with Brexit," I replied to him. Why do they keep trying to float that pipe dream? Many of them have something to gain from it and we know at whose expense.

Brexit aside, there are even more profound barriers in Germany, the epicenter of this envisioned system that comes crashing down.

"Brexit aside, there are even more profound barriers in Germany, the epicenter of this envisioned system that comes crashing down."Even the loudest UPC proponents (Twitter username "UPCtracker" in this case) can be spotted as saying: "Interesting: May DE Constitutional Ct want to decide old actions (re EPO BoA) prior to complaint on UPC due to overlapping issues (if any)?"

This was responded to by another UPC booster, Alex Robinson, who said "This would certainly seem to make sense if the EPO issues are relevant. Anyway, as they were filed first, shouldn't they be decided first?"

Either way, this can take years to be decided (just wait and watch) and EPO scandals have become part of the matters at stake.

"Do not believe the media if or when it says that the UPC is coming soon. A lot of this qualifies as what nowadays gets fashionably labeled "fake news"."Wolters Kluwer's Christine Robben has promoted the article in question. It alludes to a month-old recording which we mentioned last week and Robben asked: "When will the UPC & the Unitary Patent (UP) become available?"

Loaded question, Robben. It might never become "available" (she promotes "products" for them , so wording like this comes naturally). From the article itself:

The FCC will first have to decide whether Stjerna’s complaint will be admitted for a decision. Article 93a of the Act on the Federal Constitutional Court says a complaint must be admitted a) in so far as it has general constitutional significance, b) if it is appropriate to enforce the rights referred to in Article 90(1); (…). According to Article 90 (1): Any person claiming a violation of one of his or her fundamental rights or one of his or her rights under Article 20(4), Articles 33, 38, 101, 103 and 104 of the Basic Law by public authority may lodge a constitutional complaint with the Federal Constitutional Court.

According to an FCC spokesman, ‘a date for decision has not been scheduled yet’, but it will probably be somewhere in the first half of 2018. If the FCC decides not to admit the complaint, the German ratification procedure can resume, the Bundespräsident can sign and Germany can complete all formalities by depositing its instrument of ratification with the secretariat of the EU Council. After the so-called ‘period of provisional application’ of the UPCA, during which all preparations for the UPC will be completed, the court could probably open its doors in the second half of next year.


So now we are getting a better idea of what's inside the complaint; disregard the comments, which are dominated by trolls and troll feeders for the most part, as usual (as of late).

Do not believe the media if or when it says that the UPC is coming soon. A lot of this qualifies as what nowadays gets fashionably labeled "fake news".

Recent Techrights' Posts

[Meme] The Heart of Staff Rep
Rowan heartily grateful
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
 
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024