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

02.11.18

In Spite of Suppression Attempts, Resistance to UPC and EPO Tyranny Still Enters Kluwer Patent Blog

Posted in Europe, Patents at 6:47 am by Dr. Roy Schestowitz

Kluwer on Battistelli

Summary: A popular forum for discussion about patents in Europe is growingly repressive when it comes to free speech (the same goes for IP Kat), but sometimes the voices of resistance — i.e. sobering truth rather than shameless self-promotion — still manage to be published there

THE writers at Kluwer Patent Blog have long been the main pushers behind the UPC. That’s hardly a secret. It’s very easily demonstrable. There are maybe, at most, two contributors there who dare mention EPO scandals. They otherwise turn a blind eye, with a couple of exceptions very recently.

Sometimes they cover USPTO matters and a few days ago they wrote about the EPO only in relation to a European Patent (but never about any European scandals). To quote this example:

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was the co-inventor (and co-owner) of a patent application filed by Hollister.

In 2011, Hollister filed its European patent application EP 11175010.5 regarding a catheter package and the EPO stated its intention to grant a European patent to Hollister on that basis. The EPO had issued a Druckexemplar including the patent claims that the EPO in-tended to grant. The Court decided to render its judgment on the basis of the Druckexem-plar.

On Friday, as we noted here before, Kluwer Patent Blog published a bunch of UPC lies, seemingly composed anonymously by Bristows. The lies begin from the very first sentence. We saw several people online picking on these lies, but leaving comments to that effect might prove hard (Bristows deletes comments in that blog). The following new comment got past the even stricter moderation (censorship policy intended to suppress voices against the UPC — voices that some Kluwer writers conveniently describe/dismiss as just "trolls" and "idiots").

That this comment got in is somewhat of a miracle, so we would like to quote it:

I find the following an interesting statement:
“Ramsay hopes the UK will complete the ratification formalities of the UPCA and the Protocol on Privileges and Immunities soon and that it can stay in the UP system post-Brexit”.

This is a clear (albeit indirect) acknowledgement that the UK’s post-Brexit participation is not guaranteed. Nice to see reality finally acknowledged.

However, it is a shame that it stops there. This is because many of the uncertainties over the UK’s continued participation in the UP system are equally applicable to the question of whether the UPC Agreement is (or will continue to be) compatible with EU law.

The clear (and repeated) indications from Westminster are that the UK will be leaving both the single market and the customs union, as well as the jurisdiction of the CJEU. The rationale behind this is that only by doing all of this will the UK be able to control immigration from EU Member States, and to conclude its own trade deals with other countries / regions. The government has strong drivers to stick to this rationale, including avoiding both electoral suicide and disintegration of the governing party.

It is therefore wishful thinking to believe that there can somehow be special deals to suit the interests of specific (eg financial or legal) sectors. The UK government has far more pressing problems than working out how to strike a deal that (somehow, magically) submits the UK to the jurisdiction of the CJEU (AND all potentially relevant EU laws) just for the purposes of patent and SPC disputes at the UPC. An example of the more pressing questions is how, if the UK is leaving the customs union, will it be possible to avoid putting in place a “hard” border between Northern Ireland and the Republic of Ireland? My suggestion is that hopes of the UK staying in the UP / UPC system should be put on hold until, at the very least, a workable solution to the Irish problem has been found.

Whilst such realities may not be pleasant to contemplate, we should at least acknowledge them. A good first step on this path would be, BEFORE the UPP comes into force, to pose questions to the CJEU about compliance of the UPC Agreement with EU law. The only way for this to happen is if the BVerfG admits the constitutional complaint for a full decision. Thus, arguing against admission of that complaint hardly seems a sensible strategy, as it amounts to nothing more than a wish and a prayer that the whole system will not come crashing down when reality finally bites.

Thorsten Bausch, one of the very few bloggers there who dare mention EPO scandals, has just started a series about the EPO’s deviation from its goals/spirit. Last night he published part 1, alluding to the vision that the EPO recently altered, as we noted last year:

At a minimum, the EPO’s vision shows what the Office wants to be. Moreover, it gives some clues about the criteria in which the EPO wants to excel and, hopefully, accepts being evaluated. Summarized briefly, these are:

o Expert, well-supported and motivated staff
o Quality (EPO aims high by aiming at “standard-setting worldwide”)
o Relationships (both within the EPO and the outside world) prospering through
— Trust
— Transparency
— Fairness and
— Mutual Respect
o Efficient services delivered under the EPC.

I will therefore endeavour to draft a series of four contributions on this blog over the next couple of weeks, setting forth my personal experiences and opinions on where the EPO currently stands with regard to each of these criteria. As always, your comments, also critical ones, are welcome, but please stay respectful and to the point. Our overall aim should be to help reaching the EPO this commendable vision. This may (and sometimes must) include critique, but does not justify personal aggressions against persons having a different opinion than yours.

The term “personal aggressions” is rather odd and very Battistelli-esque. To Battistelli, differing opinion constitutes aggression and merits dismissal, demotion, etc. Some Kluwer bloggers went as far as to label differing opinions (e.g. on UPC) “trolls” and “idiots”. Freedom of speech isn’t a concept these people quite grasp. Techrights received 33,698 comments and never deleted even one (not even very rude ones).

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. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active



  2. New EPO Meme: Who Wants to Make Billions From a 'Public' Monopoly?

    What was supposed to be a cash-balanced patent office became a money-making monster that fakes ‘crises’ to attack hard-working examiners



  3. EmacsConf Without Richard Stallman

    Now that emacs is being 'rebranded' this kind of meme seems apt



  4. IRC Proceedings: Thursday, October 17, 2019

    IRC logs for Thursday, October 17, 2019



  5. Guest Article: In the Absence of Richard Stallman OEM Source Software ('Open Source') is Trying to Hijack Even Emacs

    "Now they have to create some fictional history. No need to worry."



  6. Guest Article: Techies Should Not Dictate the Free Software Movement

    "We should start a second phase of the Free software movement that's making good software and putting users at the center."



  7. Links 17/10/2019: Ubuntu Turns 15, New Codename Revealed, Ubuntu 19.10 is Out

    Links for the day



  8. Free as in Free Speech (Restrictions May Apply)

    When limits of speech are not safety-related rules but political correctness or conformism



  9. There Won't be Patent Justice Until Patent Trolling Becomes Completely and Totally Extinct

    SLAPP-like behaviour and extortion/blackmail tactics using patent monopolies are a stain on the patent system; it's time to adopt measures to stop these things once and for all, bearing in mind they're inherently antithetical to the goal/s of the patent system and therefore discourage public support for this whole system



  10. EPO Staff Union and Staff Representatives Ought to Demand EPO Stops Bullying Publishers and Censoring Their Sites

    An often neglected if not forgotten aspect of EPO tyranny is the war on information itself; EPO management continues to show hostility towards journalism and disdain for true information



  11. Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today's European Patent Office

    It has gotten extremely difficult to hold the conspirators accountable for turning Europe’s patent office into a ‘printing machine’ of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)



  12. The Free Software Foundation (FSF) Lost Almost Half (3 Out of 8) Board Members in Only One Month

    As the old saying goes, a picture (or screenshot) is worth a thousand words



  13. IRC Proceedings: Wednesday, October 16, 2019

    IRC logs for Wednesday, October 16, 2019



  14. Startpage and System1 Abuse Your Privacy Under the Guise of 'Privacy One Group'

    Startpage has sold out and may have also sold data it retained about its users to a privacy-hostile company whose entire business model is surveillance



  15. Links 16/10/2019: Halo Privacy, Ubuntu Release Imminent

    Links for the day



  16. IRC Proceedings: Tuesday, October 15, 2019

    IRC logs for Tuesday, October 15, 2019



  17. No, Microsoft is Not an 'Open Source Company' But a Lying Company

    The world’s biggest proprietary software companies want to be seen as “open”; what else is new?



  18. Meme: Setting the Record Straight

    Stallman never defended Epstein. He had called him “Serial Rapist”. It’s Bill Gates who defended Epstein and possibly participated in the same acts.



  19. EPO Staff Resolution Against Neoliberal Policies of António Campinos

    “After Campinos announced 17 financial measures,” a source told us, “staff gathered at multiple sites last week for general assemblies. The meeting halls were crowded. The resolution was passed unanimously and without abstentions.”



  20. Satya Nadella is a Distraction From Microsoft's Real Leadership and Abuses

    "I’m merely wondering if his image and accolades that we’re incessantly bombarded with by the press actually reflect his accomplishments or if they’re being aggrandized."



  21. Raw: EPO Comes Under Fire for Lowering Patent Quality Under the Orwellian Guise of “Collaborative Quality Improvements” (CQI)

    Stephen Rowan, the President’s (António Campinos) chosen VP who promotes the notorious “Collaborative Quality Improvements” (CQI) initiative/pilot, faces heat from the CSC, the Central Staff Committee of the EPO



  22. Making The Most of The Fourth Age of Free Software

    "For better or for worse, we can be certain the Free Software Foundation will never be the same."



  23. FSF is Not for Free Speech Anymore

    The FSF gave orders to silence people



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

    Links for the day



  25. ...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



  26. 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."



  27. 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



  28. 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



  29. 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



  30. 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


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