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

04.27.18

Sam Gyimah Did What Was Expected Since 2016, But Unified Patent Court (UPC) is Still Completely Stuck in Most Important Country and Is Not Compatible With Brexit

Posted in Deception, Europe, Patents at 3:36 pm by Dr. Roy Schestowitz

Brexit too is a problem, not just some piece of paper which the government has said for 1.5 years that it would sigh

German and English UPC

Summary: While deliberately ignoring Brexit, which legal professionals have said for nearly 2 years makes the UPC untenable, Team UPC pretends there’s a rosy future for a system that’s stuck in the middle of nowhere because it is neither constitutional nor desirable

We have, by now, seen some responses to last night's response/rebuttal to the Unified Patent Court (UPC) news, noting that British participation would not be compatible with Brexit and there are other very major barriers, including serious EPO abuses. To suggest that the UPC would happen is wishful thinking or lobbying. We mean false prophecy lobbying style.

Team UPC is not happy with what I wrote about the UPC last night. I’ve evidently struck a nerve. Someone who blocked me is now heckling me. Notice the lack of substance in these people’s responses. Darren Smyth (IP Kat UPC booster) claims that I said something that I never even said! First of all, I did not say they would not ratify but that it would make no sense at all even if they did (as they had said they would). Secondly, I said there would be many practical barriers. None of these have changed.

Ratification is “work in progress” or “still in the process” actually; as the relevant individual put it: “And here are the files we lodged today with @EUCouncil – the UK ratifying the agreement on the Unified Patent Court…”

“To suggest that the UPC would happen is wishful thinking or lobbying.”As expected, people who are an inherent part of law firms and/or Team UPC are boosting it — all this while avoiding even the mere mention of Brexit and other issues. Those have not been addressed at all! This was mentioned by Francisco Moreno‏, who wrote in Spanish something which roughly means: “And Boris took his pen, ratified the unitary patent, and his instrument was deposited in Brussels. Now it all depends on the judges of Karlsruhe.”

Found via this tweet was the official page (not some junk “tweets”). “Our ratification brings the international court one step closer to reality,” it says. They wish. “The unique nature of the proposed court means that the UK’s future relationship with the Unified Patent Court will be subject to negotiation with European partners as we leave the EU,” they added. Well, if they leave the EU, then they cannot participate in a UPC-type system.

Team UPC links to CIPA. To quote: “Note that they are sticking to the line that the UPCA is “international treaty” but acknowledge UK’s future relationship “will be subject to negotiation”. Suitably non-committal – no strong hint in either direction!”

“As expected, people who are an inherent part of law firms and/or Team UPC are boosting it — all this while avoiding even the mere mention of Brexit and other issues.”So it’s hardly final at all. Just like we said all along. CIPA’s tweet said: “Ratification…demonstrates that internationally, as well as at home, the UK is committed to strong intellectual property protections” – IP Minister Sam Gyimah announcing UK ratification of the UPC #UnifiedPatentCourt #upc pic.twitter.com/7HdTzLrDqc – At Houses of Parliament”

Dr. Glyn Moody joked at this when he wrote: “it also means a European court will tell UK companies what to do, and they must obey – that “taking back control” thing that #brexiters so love…”

Surprisingly, IAM, which had done a lot to promote the UPC for Battistelli, also acted quite cynical when it wrote: “The UK’s Brexit-backing press did try to make the UPC an issue, but it turns out that patents are just too obscure for even the most committed Europhobes!! [] UPC scenario – a court in Germany deciding in favour of a French patent holder against a British defendant and issuing an injunction preventing the British company selling or distributing its product in the UK. How is that taking back control?”

That’s why it can’t quite happen.

Over in Germany, JUVE’s main person wrote:

UK ratifies UPC Agreement. What does it mean for the UPC implementation and some more details about the German constitutional claim. Our report https://juve.de/?p=338164

The cited article is in German.

“…Team UPC wants the patent system to be administered by somewhere that blatantly disregards the rule of law, Eponia (the EPO).”Managing IP, which was instrumental in UPC lobbying (it even set up lobbying events for the EPO), wrote: “The big uncertainty now is a German constitutional complaint against the UPC…”

Brexit also, as it can force undoing everything, like people have said since 2016 when Lucy predicted the move (eventually if not inevitably taken by Sam Gyimah).

“…don’t expect to see much dissent in comments on such articles/posts; they ‘sanitise’ these to silence their perceived ‘opposition’, even if it’s just legal professionals pointing out factual errors.”As IP Watch put it some hours ago: “The system is administered by the European Patent Office, and the UK’s ratification leaves Germany outstanding.”

Well, Team UPC wants the patent system to be administered by somewhere that blatantly disregards the rule of law, Eponia (the EPO). And a tyrant like Battistelli; to them he’s a ‘good’ tyrant because he supports their maximalist agenda; lawyers don’t quite like laws, they just love money and if they can twist or break the law in order to make money, then so be it! That’s the ‘Battistelli way’…

Mind this new comment in IP Kat. A very frequent poster wrote:

If you want Bristows “take” on this, go to the Kluwer patent blog, to read the piece contributed by Alan Johnson. There’s a comments thread there too. Sorry for the absence of a Link. My IT skills don’t run to it, on the device I’m using now.

Alan Johnson wrote yet another post about it (maybe fourth), their second in just over a day in their blog in addition to at least two in Kluwer. In one blog there’s no ability to comment, in the latter they’re heavily censored. Earlier this year Team UPC basically decided to start deleting comments more aggressively; it had already censored comments for years, but months ago it took it up a notch and also openly admitted such censorship (previously Bristows staff attempted to deny it, i.e. it lied). Anyway, don’t expect to see much dissent in comments on such articles/posts; they ‘sanitise’ these to silence their perceived ‘opposition’, even if it’s just legal professionals pointing out factual errors.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. Former Microsoft Employee on So-called 'Journalists' Being Blackmailed by Microsoft

    Mitchel Lewis, a former Microsoft employee, remarks on Mary Jo Foley being 'punished' by Microsoft for not mindlessly publishing Microsoft propaganda (we remarked on this before as she had spoken to me about this over a decade ago)



  2. IRC Proceedings: Friday, August 07, 2020

    IRC logs for Friday, August 07, 2020



  3. For the Want of a Pixel

    "It is still possible to win, but the FSF has practically left the field."



  4. Ubuntu and Fedora Project Serving Microsoft

    The Ubuntu 'community' as well as the 'community' component of Red Hat (IBM) don't view Microsoft as a rival; over a decade ago Mark Shuttleworth accused Microsoft of "extortion" and "racketeering" (his words), but now he's paid to change his tune



  5. (Don't Let's) Throw Caution to the Wind

    "As it will become crucial to explain, the effect of all this dancing around truth and reality was to transform a volunteer force primed to bring freedom to users into cheap labour for an industry that exploits everyone in it -- all the way to the very top of Open Source itself."



  6. Links 7/8/2020: Mesa 20.2 RC, Radeon Software for Linux 20.30

    Links for the day



  7. Computing Fundamentals

    "A graphical interface is better, for some things -- sometimes. But it will also put a lot more on our plates."



  8. IBM and the Bomb: Series Index (on 75th Anniversary of Atomic Bombs Being Dropped on Civilians)

    Today seems an apt time to remind readers that IBM participated in the creation of the only bombs ever to be dropped in a war (not tests) and this tradition carries on because IBM is still profiting from it, to this very day (countless billions made by IBM during the Cold War too)



  9. Freedom is Personal

    "Before I say anything else, note that there are literally hundreds of GNU/Linux distros, and I put in a lot of work to rate which were the least encumbered by corporate politics — directly or indirectly."



  10. Links 7/8/2020: Ubuntu 20.04.1 LTS and GNU C Library 2.32 Released

    Links for the day



  11. IRC Proceedings: Thursday, August 06, 2020

    IRC logs for Thursday, August 06, 2020



  12. Our Collective Privacy is Under Unprecedented Attacks and Privacy is Now Conflated With Bad Hygiene, Not Just Criminality

    At warp speed the "War on cash" or "War on anonymous transactions" is moving ahead; now that COVID-19 infects a lot of people we're led to assume that mass surveillance saves lives not because of counter-terrorism but because of contact-tracing or whatever (in practice it's hardly effective, but it's conditioning people to give up any remnants of their privacy)



  13. The Psychology of Developers

    "It turns out, there are ways around a free license -- you can make software "less free" or more imposing, without changing the license at all."



  14. Social Justice is Fine... When It is Not Just a Shallow Marketing Ploy

    Don't let well-meaning concepts such as "Social Justice" become mere buzzwords or tools of corporate propaganda (greedy people's objectives disguised as populism)



  15. Site Upgrades Likely Coming Soon

    After more than 28,000 posts are published it might be time to move from the WordPress x.9.x LTS to something newer (5.5 is about to be released); we explain why it’s not as simple as it might first seem



  16. Focus on the Big Issues, Not the Words

    The pattern that is emerging in recent months if not years is that words hurt and therefore contributors to code must shut up about injustices, including corporate misbehaviour



  17. Computing vs. Marketing

    “The important lesson here is that Windows is NOT a computer — it is actually a horrible thing that people DO to a computer, and to themselves.”



  18. Release: Several Police Reports About Searching the Home of Bill Gates' Engineer (Stockpiles of Child Pornography Found Along With Illegal Firearm)

    The final part of the first installment from Seattle PD, this one focusing on people who searched the home to find a lot of underage pornographic material being amassed



  19. Video: Microsoft-Sponsored 'Copyleft' Conf (Keynote Sold to Microsoft, a Serial GPL Violator and Primary FUD Source) Features Previous FSF (Co)President and RMS Ouster

    There's now a video online of the debates in CopyleftConf 2020



  20. Miseducation

    "...the real crime (OLPC founder Nicholas Negropontes word for it) is that schools aren't teaching computers at all -- they're doing application training."



  21. [Meme] RMS Succeeded by a Microsoft Sponsor

    Congratulations to the FSF, which elected a president almost a year after pushing RMS (its founder) out; but questions need to be answered by the new president, who apparently sees nothing wrong reinforcing the Microsoft monopoly, participating in a PR ploy designed to distract from the notorious ICE contract, and even paying Microsoft (as if it deserves the money)



  22. Controlling Your Computing

    "We at least want our software to be free, and for a while, that was possible. We want software to be free again, so let's talk about what made it free, what made it less free, and what could hopefully improve in the future."



  23. User Libre: Free Computing For Everyone, Start With Perfection

    "As the threats to user freedom evolve, so too must the response to those threats. So long as freedom remains the first priority, worthwhile responses will give more power to every user, and keep limits on how much control can be imposed by developers."



  24. IRC Proceedings: Wednesday, August 05, 2020

    IRC logs for Wednesday, August 05, 2020



  25. Release: Search Warrant and Reports on Findings When Bill Gates' Engineer Arrested for Pedophilia

    Readers can finally see all the details about what was taken (portable drives, laptop, desktop etc.) and what was found when a search was executed at the home of Bill Gates' engineer while he was at Bill's house (where he worked regularly); as far as we are aware, the police never searched Bill's house and computers



  26. Links 6/8/2020: FSF Has New Chief, LibreOffice 7.0, Linux App Summit Goes Online

    Links for the day



  27. Links 5/8/2020: Wayfire 0.5 and Plasma Browser Integration

    Links for the day



  28. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  29. SUSE is Still Pushing Microsoft Proprietary Software and Bragging About the Novell Patent Collusion With Microsoft

    SUSE seems to have learned no lessons after the aftermath of its (or Novell’s) Microsoft patent scam, which had been negotiated partly by Miguel de Icaza (now working directly for Microsoft) before causing Novell to collapse and offload its patents to Microsoft (‘TikTok operandi’ or asset stripping); the past cannot be left behind if SUSE — like Novell — celebrates and perpetuates that past



  30. Release: 29 Pages of Internet Access Report About Pedophile Working for Bill Gates at His Home

    As we’ve found nothing too sensitive in the document, today we’re finally disclosing and publishing the second release (first one published yesterday); this includes network addresses used on the devices of the engineer of Bill Gates, who had a laptop and external hard drives (portable) with plenty of child pornography (imagery and videos)


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