Bonum Certa Men Certa

The Fiction That Spain (or Italy) Can Salvage the UPC

Spanish bullfight



Summary: The proponents/lobbyists of the Unified Patent Court (UPC), firms that make money from patent litigation (we collectively call these "Team UPC"), are nowadays backpedaling, having come to grips with the death of the UPC, realising it's time to save face by pretending everything they said in the past wasn't a lie

THE NEW year is well underway, but the European Patent Office (EPO) has said nothing about the UPC. Team UPC has not apologised for misleading the public with fabricated rumours, either. Days ago we noticed that Bristows corrected at least 3 errors in its latest blog post, dated late December. These people know they're lying, but they try to save face and retain some level of credibility. Bristows uses an arcane CMS that reveals when they make edits, so we compared/assessed the latest edits using Google Cache. It's quite revealing.



"Bristows uses an arcane CMS that reveals when they make edits, so we compared/assessed the latest edits using Google Cache. It's quite revealing."Anyway, no ratification in 2018. Not even close. What will be the next talking point then?

DLA Piper's Gualtiero Luca Dragotti has just mentioned the UPC in relation to Italy; these people hope that Milan can just magically replace London and suddenly make UPC possible. But the UPC is dead. Team UPC needs to move on. "Unitary Patent" and anything predating it (other names for the same thing) was all along a zombie and nowadays it is a failure, as even its paid media cheerleaders finally admit. They had spent years lying about Spain, spreading what many nowadays call "fake news". These cheerleaders (IAM) try to save face by belatedly admitting that UPC is dead.

"Guess who else is trying to save face: Kluwer.""UPC Tracker", a Twitter account dedicated (for years) to Unified Patent Court propaganda, is also late to admit (or quote): "Saying that the UK can still be a member of the UPC Agreement because it was an EU member at the beginning of the negotiations – even though it is not an EU member anymore – is, in my humble opinion, complete nonsense. Law doesn€´t work like that."

Guess who else is trying to save face: Kluwer. "Deal or no deal," they've repeated the headline in Twitter, the "UK cannot stay in the Unitary Patent system post-Brexit," based on "Kluwer Patent blogger," quoting some UPC proponent from Spain; he's now promoting two lies or fictions: 1) that 'unitary' patents are inevitable and 2) that there's will in Spain to make it happen. From this article/interview (more like a pro-UPC puff piece in dialogue form):

I€´m not sure what Spain would do in such a scenario. The translation issue has not been solved yet and it does not look like there will be an acceptable solution for Spain any time soon. Furthermore, litigation is also an issue and might even clash with the Spanish Constitution and what it says about jurisdiction concerning intellectual property rights. The Spanish Constitution could of course be changed, but as said before, given the current political situation in my country, I don€´t see the Parliament opening the Pandora€´s box of our Constitution because of a patent matter. However, this whole issue is of course a political battle and, as such, it may have very easy solutions that we may not be thinking of right now, such as increasing agriculture aids; new fisheries agreements or Gibraltar. Who knows.’


Fictional nonsense, to put it relatively politely. So their latest strategy might be to pretend that Spain will "save the (their) day..."

"This relates to the issues associated with legal proceedings in a foreign language -- one of several Constitution-violating issues raised EU-wide."The sole comment so far (made it past the blog's censorship of UPC critics) is from Jan Van Hoey, who rebuts one aspect among many when he says: "Automated translation is discriminatory anyway. There are 2 kinds of people: those who can rely on legally binding laws, and the ones who have to rely on non-legally binding automated translations."

This relates to the issues associated with legal proceedings in a foreign language -- one of several Constitution-violating issues raised EU-wide. Can the defendant be accused, sued and then 'convicted' in some court he or she cannot even understand? This redefines the whole concept and theory of the Rule of Law.

The UPC was never meant to be. The fact that it managed to get as far as it has should be seen as extraordinary and it serves to highlight how ripe the political system is to overt corruption (by law firms in this case).

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
 
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025