05.20.18

Gemini version available ♊︎

António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

Posted in Europe, Patents at 8:40 pm by Dr. Roy Schestowitz

Michel Barnier (centre) lobbied for the UPC for many years (since the days it wasn’t even called UPC)

The three Frenchmen

Summary: Frenchmen at the EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren’t on their side (unlike Team UPC, which was always on Team Battistelli’s side)

YESTERDAY we wrote about the TC Heartland determination turning one. Lawyers, especially upon this decision’s anniversary, still try to work their way around it. They want to make it possible to drag companies into patent courts/trials far away from where they’re based. In re HTC Corp. was recalled yesterday (Sunday) by Watchtroll. “The patent venue statute does not apply to foreign corporations sued for patent infringement,” it said. “These foreign defendants may be sued in any judicial district where they are subject to personal jurisdiction.” This is part of a pattern.

We find this quite relevant to the UPC/Brexit debate. Can British companies be sued over patent infringement in other countries (for their activities inside Britain)? With court proceedings that aren’t even in English? This question has been brought up in the constitutional complaint in Germany (the language and the UK’s status in Europe).

“Can British companies be sued over patent infringement in other countries (for their activities inside Britain)?”Patent maximalists and Team UPC in their lawyers-centric sites don’t seem bothered by such questions. They seem so eager to see a torrent of new patent lawsuits, so earlier this month they were in “full fanboi” mode for the UPC.

Max Walters, a journalist rather than a lawyer, called it the “patent court’s Brexit paradox”. August Debouzy, boosters of Battistelli agenda, spoke of “the disappearance of a statute of limitations”. Law firms were generally enthusiastic however. FB Rice’s Jeremy Dobbin, Madeleine Kelly, Steve Gledhill, Andrea Ruhrmann, Eddie Walker, Toby Thompson and Will Morgan acted as though UPC is inevitable, George Tebbutt (Haseltine Lake LLP) said it “inches closer,” and Mayer Brown LLP’s Oliver Yaros, Mark A. Prinsley, Dr. Ulrich Worm and Christoph J. Crützen wrote 6 days ago that Britain had ratified (no matter if it’s not really possible for the country to ever participate).

“Long story short, there are serious and tough questions to be asked — ones that Team UPC is unwilling to answer, let alone bring up.”Even Joff Wild, who had promoted the UPC on the EPO’s payroll (the PR department/external agencies), cited this article from yesterday and wrote in IAM that the situation “could explode politically”. Mr. Wild makes it no secret that he opposes Brexit (he said so for a couple of years) and here is his explanation:

It is, for example, the British public’s complete ignorance of IP law and policy – and the consequent total lack of interest that it inspires among the country’s politicians – that allowed the UK government to ratify the UPC agreement last month.

It happened, let’s not forget, despite questions the move raises about the post-Brexit role of the Court of Justice of the European Union; and the apparent contradiction inherent in insisting on taking back control while signing up to a treaty that means, for the first time, judges from outside the UK will decide on infringement and validity issues, as well as remedies, in patent litigation directly affecting the UK.

In the same way, you are not going to get much more than a shrug of the shoulders from 99% of the British population when it is finally decided what happens to Community trademarks currently valid in the UK or how the country’s copyright regime might evolve once EU directives and regulations no longer apply here.

[...]

Today’s Observer reports that UK and US officials are secretly discussing some of the issues that will need to be sorted out if a post-Brexit trade deal between the two countries is going to happen. One that has been identified is changing the definition of what can be classed as whisky. That is something which would have huge ramifications in Scotland.

What’s more, the report states: “The US also wants protected designation of origin, which safeguards products such as Cornish pasties or Melton Mowbray pork pies, dispensed with because they “undermine access” for US producers.”

Long story short, there are serious and tough questions to be asked — ones that Team UPC is unwilling to answer, let alone bring up.

It’s obvious that Battistelli will never see the UPC, not as EPO President anyway (there are speculations that he hopes to become the UPC’s chief). António Campinos becomes the EPO’s President next month. We now have a new Web (Wiki) page about articles that focus on him. Mr. Wild speaks a great deal about trademarks — a topic/aspect currently dealt with by the EU-IPO, headed by Campinos. We expect Campinos to work hard and push hard towards the UPC; whether he will lie about it as routinely as Battistelli did remains to be seen, but remember that Team Battistelli remains in tact and Campinos does not intend to alter its composition (based on inside sources).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 28/05/2022: KDE Eco Sprint and GUADEC 2022 Conference Plans

    Links for the day



  2. When 50% of Slashdot's 'Linux' Section is Microsoft Marketing, EEE, and FUD

    As this minutes-old screenshot shows, Slashdot is not what many of us “geeks” remember it for



  3. Do Not Become (or Remain) Enslaved and Exploited by Microsoft GitHub

    Slavery isn’t a dirty word but a strong word — or a disturbing concept — used to convey or describe an abusive relationship between organisms — typically human beings — or between corporations and humans, e.g. the way Microsoft treats GitHub projects/users



  4. Microsoft GitHub Exposé — Part XXI — Rumours About How Microsoft Plans to Actually Make Money (Not Losses) From GitHub

    GitHub is not 'free hosting' but a ticking time bomb, a proprietary platform looking to entrap its users (serfs) inside yet more proprietary platforms (for Microsoft to become their oppressive master)



  5. Links 28/05/2022: KDE Weekly Summary, RZBoard V2L

    Links for the day



  6. [Meme] Fluffy Staff

    EPO President António Campinos is failing to ‘contain’ the media after less than 4 years at the Office, just like Benoît Battistelli around 2014



  7. Kluwer Patent Blog Belatedly Gives EPO Staff a Voice

    There are at least 2 bloggers — if not 3 people — at Kluwer Patent Blog who air grievances of EPO staff; in addition, many of the comments there blast EPO management and Team UPC and it helps change the perceptions long shaped by bribes and blackmail from EPO management



  8. [Meme] Fluffy President

    Prepare for more puff pieces and fluff from President Fluffinos, who has commandeered the EPO‘s official Web site for self-serving whitewash and promotion of illegal agenda like European software patents and a kangaroo court to approve those (UPC)



  9. Blaming Patent Examiners Who Respect the Law

    The latest comments here are quite revealing; the EPO not only breaks the law with impunity but it also challenges the very legal system (like courts) with total impunity; Benoît Battistelli and António Campinos are, in that regard, no better than Putin, just more temperamental



  10. Our Priorities and Our Future: More Gemini and More Daily Links (a Lot More Frequently)

    An informal and unscripted video that explains where we are and where we’re going



  11. IRC Proceedings: Friday, May 27, 2022

    IRC logs for Friday, May 27, 2022



  12. Links 28/05/2022: Twitter Fined for Spying in '2FA' Clothing

    Links for the day



  13. Links 27/05/2022: Trisquel 10.0.1 LTS and Perl Appreciation

    Links for the day



  14. Links 27/05/2022: Fwupd 1.8.1 and GCC 9.5

    Links for the day



  15. Visual Proof That Twitter Very Likely Faked Its Magnitude the Moment Musk et al (KSA, Ellison and so on) Wanted to Buy

    There's a very compelling case for the allegation that Twitter is defrauding shareholders and participants in the platform; Twitter is a lot smaller than it used to be (fewer people are actively involved), it is losing money, and it is so desperate to be acquired that it's shamelessly faking traffic



  16. Links 27/05/2022: Wayland 1.21 Alpha, KDE Adds Flatpak and Snap Permissions to Discover

    Links for the day



  17. IRC Proceedings: Thursday, May 26, 2022

    IRC logs for Thursday, May 26, 2022



  18. Links 27/05/2022: Many More Microsoft Security Failures (and Spin/Lies)

    Links for the day



  19. Links 26/05/2022: KStars 3.5.9 and Chrome 103 Beta

    Links for the day



  20. Links 26/05/2022: AlmaLinux OS 9.0, MooseX::Extended for Perl Introduced

    Links for the day



  21. Links 26/05/2022: Kernel Events and Systemd-Free GNU/Linux Distributions

    Links for the day



  22. Links 26/05/2022: DuckDuckGo Increasingly Exposed as Microsoft Proxy

    Links for the day



  23. EPO Celebrates Software Patents Again, Dubbing Them 'Hey Hi' (AI) and '4IR'

    The ludicrous state of the EPO is demonstrated by yesterday’s puff piece about “four million” (merely requests for monopoly in Europe; most come from outside Europe) and L’Oréal, which claims to have “invented” something that was already done in the 1990s if not the 1980s



  24. [Meme] EPO's Monkey Business: Lowering the Patent Examination Bar

    As we shall show in a moment, EPO President António Campinos has lowered the quality of patents and applications; sooner or later he might outsource the job to ‘livestock’



  25. IRC Proceedings: Wednesday, May 25, 2022

    IRC logs for Wednesday, May 25, 2022



  26. Heads of Patent Offices Are Immune to Coronavirus

    The overconfident chiefs of the U.S. Patent and Trademark Office (USPTO) and EPO might love speaking about COVID-19 (in relation to patents), but they do not take it seriously themselves



  27. Links 26/05/2022: Plex Finally on GNU/Linux

    Links for the day



  28. The General Consultative Committee of the EPO Exposes a Disaster and a Lack of Genuine Dialogue

    The General Consultative Committee (GCC) at the EPO deals with unlawful proposals from António Campinos (he’s happy to violate laws, constitutions, protocols, conventions, just like Benoît Battistelli did) and once again the abuses by managers is covered up; it’s as if the Office is run by unaccountable gangsters who arrogantly curse at everyone whilst insisting they’re the nicest people ever



  29. The Latest Letter to Josef Kratochvìl and the Heads of Delegation of the Administrative Council of the European Patent Organisation

    A week-old letter from the Central Staff Committee (CSC) to the Administrative Council of the European Patent Organisation highlights the nature of a crisis; there's no genuine dialogue and staff of the EPO (i.e. the scientists who do all the actual work) is constantly under attack



  30. [Meme] The Recordings Must Have Accidentally Been Lost While Breaking the Rules

    The EPO‘s “nicest” chief, Monopoly Tony, won’t even mention the recordings…


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