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05.03.18

Bristows LLP Already Uses Kluwer Patent Blog and IP Kat as Its UPC Megaphone, Now IAM as Well

Posted in Deception, Europe, Patents at 2:17 pm by Dr. Roy Schestowitz

For the second time in a week, IAM’s editor acts like a ‘tool’ of Bristows LLP, relaying UPC lobbying without any fact-checking

German and English UPC

Summary: IAM Media or IAM Magazine seems so focused on trying to help the UPC that it neglects to do its work, which would be fact-checking (but IAM is just a lobbyist/think tank disguised as an impartial media organisation)

THE management of the EPO loves IAM and it’s easy to see why. The management’s PR apparatus, which they had paid over a million euros, passed money to IAM, specifically for UPC lobbying.

Just over a week ago the UK made a bizarre announcement which we have since then written about in the following posts:

“There are to many guesses and uncertainties about the possible post Brexit participation of UK in the UPCA,” said the latest comment on the matter. To quote it as a whole (it was published earlier today):

All the above comments show that there is necessary step which has not been taken: ask the CJEU if the UPCA as it stands is a court common among EU member states like the Benelux court. This was done with EPLA, but not with the UPCA. One simply wonders why? It should certainly have been done after the Brexit vote.

If the answer is negative, that is, the UPCA is an international court, not embedded in the EU legal system, then we will know for sure that the UP and the UPCA is dead.

If the answer is positive, that is the UPCA is a court common among EU member states, then the 29.03.2018 will play an important role.

It will then follow logically that UK cannot any more participate in the UPCA, if the supremacy of Union law and the involvement of the CJEU is denied by the UK. Politically it looks like this is the most probable option.

If the intention of the UK is to stay in the UPCA post-Brexit, is high time to decide on all outstanding questions for instance with respect to enforcement, liability of the court and the member states, etc…

Even the Pascoe report showed the numerous difficulties and hurdles which have to be taken for a post-Brexit participation. Also, staying in the EU customs union is not enough to insure post Brexit participation of the UK.

There are to many guesses and uncertainties about the possible post Brexit participation of UK in the UPCA, that it appears highly probable that all those questions will not be dealt with before 20.03.2019. and even before the 31.12.2020.

How can it be that learned lawyers and legal scholars accept to stay in such an unclear situation? Up to now I have not heard any concrete answer to those many important questions. So even if the UPCA enters into force with the UK, the only reasonable option is to opt-out!

And the “German” problem does not look to be solved in a few weeks. Banking on a quick decision of the GFCC is illusory. There are many other requests to be dealt with before the one on the UPC arrives on top of the pile. Even for a decision on its admissibility. There are also some requests about the EPO and its boards of appeal. Without a reply on those, no reply on the UPC.

The mere ratification of the UPCA, on top of it with a reservation about the legal personality of the UPC, is meaningless and does not solve any problem. On the contrary it makes all the problems more manifest.

The facts aren’t on Team UPC’s side. They can repeat the propaganda all they want (like Alan Johnson did several times in one single day, in different blogs other than Bristows’). But Brexit is still not compatible with the UPC.

IAM, however, for the second time in less than a week, has again become a megaphone for the liars from Bristows. This time too it’s amplifying Alan Johnson. Hours ago it published this “full interview” (heck, why not just like Johnson/Bristows do a guest post without all these softball questions?). So not only does Bristows dominate Kluwer Patent Blog and IP Kat on UPC matters; now it dominates IAM too. “I suppose Joff Wild would rather believe his wallet than his common sense,” I wrote, “calling it a “racing certainty”…”

Wild’s colleague tried to be clever about it. “You’re approaching half-a-million tweets,” Tim Lince wrote, “do you have a celebration planned for it?”

That was completely off topic. It’s a way of saying “we don’t really like you mentioning us (IAM)…”

From the so-called ‘article’ (Bristows copy-paste):

To get greater clarity on where things go from here, I spoke once again to Bristows partner Alan Johnson, who has followed the long and often tortuous progress towards the creation of a single European patent regime as closely as anyone. And his message was unambiguous: the UPC is coming, it is going to include the UK and it is highly likely that it will be up and running by the end of 2020.

Said a man whose career was made lobbying for the UPC. I guess IAM isn’t too keen on fact-checking when it suits IAM’s budget (they know where the money comes from).

As a side issue, IAM’s network keeps lobbying for software patents in India and earlier today we found this article from last month — one that we had missed/overlooked. For those who missed it, IAM keeps shaming and pushing India into software patenting. Examples from the year 2017 alone were documented here:

  1. China Adopts Software Patents and IAM ‘Magazine’ (Lobbyists) Continues to Shame India Into It
  2. IAM Just Can’t Stop Pushing for Software Patents in India
  3. IAM ‘Magazine’ as Megaphone for Chamber of Corporates (CoC), Which Tries Shaming India Into Software Patenting
  4. IAM Helps Enemies of India’s Interests Lobby for Software Patents in the Country
  5. IAM ‘Magazine’ in a Campaign to Destroy India’s IT Industry and Help Patent Trolls There
  6. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay
  7. The Patent Microcosm’s Failed Push for Software Patents Resurgence in the US and Similar Attempts in India and China
  8. Software Patents Lobbying at IAM Strives to Reinforce the Positions of Patent Maximalists

Abhishek Pandurangi (Khurana and Khurana Advocates & IP Attorneys) once again touched the subject (mind the IAM logo on the right). Thankfully, he did at least mention the views of the Software Freedom Law Centre (of India), which we quote below:

While the world eagerly watches the development of India’s software industry, the confusion regarding software patents in the global IT hub remains considerable. This is despite – or perhaps because of – the three attempts by the Indian Patent Office (IPO) to establish guidelines on computer-related inventions (CRIs), each of which has provoked questions, criticism and controversy. The IPO released its latest CRI examination guidelines on June 30 2017; this chapter looks into the evolution of the guidelines, from the first set to the third, as well as the effects that they have had.

[...]

As would be expected, the guidelines generated controversy, attracting much feedback and many representations from stakeholders. A joint letter to the prime minister’s office demanding the total recall of the guidelines by the Software Freedom Law Centre, with significant others, made the following counter-argument regarding the legislative intent:

However, the 2015 Guidelines overlook one crucial development viz the unsuccessful attempt made by the Patents (Amendment) Bill, 2005 [drawing from the Patents (Amendment) Ordinance 2004] to amend Section 3(k) and extend patentability to computer programs with ‘technical application to industry’. When laid before the Parliament, the proposed amendment faced objection on the ground that it would result in the creation of monopolies by multi-nationals (as stated in a press release dated 23/3/05), and was subsequently deleted. This demonstrates a clear legislative intent against broadening the patentability of computer programs.

IAM as a whole is a very dangerous network that promotes toxic patent agenda, including the interests of Battistelli — soon to be a keynote speaker at IAM's event (he will promote software patents there).

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