Bonum Certa Men Certa

Barker Brettell is Wrong About Unified Patent Court (UPC) and the United Kingdom

Barker Brettell



Summary: The United Kingdom (UK) cannot participate in a system resembling the UPC, wherein European courts (that may not even speak English) enforce patents in Britain, but Team UPC won't let such 'pesky' facts get in the way

THERE has been a great deal of misinformation lately regarding the Unified Patent Court Agreement (UPCA). The EPO played a role in dissemination of such 'information', notably Team Battistelli (higher up management) together with Team UPC, which had crafted UPCA for the sole purpose of lining its pockets (more litigation). We already wrote several rebuttals over the past couple of weeks, e.g.:



Yesterday we saw a UPC critic (Moreno) alluding to this recent article (April 27th, 2018) from Barker Brettell, a firm which we mentioned here quite a few times [1, 2, 3]. It wants us to think that "the UK now has a great bargaining chip for Brexit negotiations" because of UPC.

As Moreno put it: "Bargaining chip? I don't get it. The UK has lost the power to decide if/when the UPC comes into force."

Also from the same article: [via]

We are now effectively just one step away from the UPC coming into force. That can happen once Germany ratifies the Agreement. Due to an unexpected challenge in the German courts last year, with an allegation that the UPC is ‘unconstitutional’, the German ratification is on hold while that gets settled. The case is due to be heard later this year. Germany is clearly a key player in the UPC system and things will definitely get interesting if the challenge is successful.


Based on various sources close to the court, the case may take several years to be decided. And even then, if somehow the court miraculously decided that EPO abuses are absolutely fine, what will it say about Brexit? It renders the whole agreement (UPCA) moot and this too was brought up in the complaint. "Proof of the pudding" was recently quoted here regarding this point and last night he followed up with the following comment:

Not a single response to any of the questions that I posed last week. I know that this is a bank holiday week and so things might be a little slower than normal. However, I would have thought that a least one proponent of the UPC might be tempted to answer my questions ... especially as they raise issues that question the legal basis for (of the workability of) the entire UP project.

Perhaps I should not be surprised. After all, I got no answers whatsoever to repeated questions about the legal basis for the Court of Justice receiving preliminary references from the UPC post-Brexit (if, according to the "perceived wisdom", the UPC is NOT an EU [Member State] court ... and hence will NOT be able to rely upon Article 267 TFEU for making preliminary references).

It is a shame to see such a total absence of engagement on such crucial issues. This appears to me to suggest that proponents of the UP system are happy to launch "at risk", and without any sort of "safety" or "stress" testing of crucial components of the system. I can only hope that, in the long run, this approach does not prove to be as irresponsible and reckless as it appears to me right now.


It isn't true that Germany is the last barrier; Britain itself cannot participate in anything like the UPC (no matter what they try to call it this time around). Putting aside the fact that a UPC-type regime would be terrible for Europe; its main purpose would be to empower law firms and their biggest clients, which aren't even European.

Recent Techrights' Posts

Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
 
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October