03.04.19

Gemini version available ♊︎

Unitary Patent (UPC/A) Constitutional Complaint Can be Decided in a Matter of Years (If Ever)

Posted in Deception, Europe, Patents at 1:08 pm by Dr. Roy Schestowitz

Bristows should be disbarred for endlessly lying, manipulating the processes and even worse things

A sleepy cat

Summary: Blogs like IP Kat are still beholden to and controlled by Team UPC/Bristows; the same goes for Kluwer Patent Blog because of the blog’s ownership; when facts are assessed by firms other than Bristows, however, the story is entirely different

OUR regular readers can probably remember, as we mentioned it about a dozen times, that Bristows had intentionally spread false rumours at the later part of last year. Their staff did this repeatedly. It’s a classic but nefariously lobbying tactic, akin to AstroTurfing or what people nowadays call “fake news”.

Team UPC at IP Kat (Bristows) has just — a mere couple of hours ago — pushed agenda of patent trolls and FRAND and Brian Cordery (also Bristows) pushed SPC agenda at around the same time at Kluwer Patent Blog. It’s all related, albeit indirectly, to their UPC agenda and in the former case to software patents in Europe.

Hours ago we also saw Mark Bell of Dehns (Team UPC) pushing UPC promotion in a paid ‘article’. These ‘unitary’ patent fantasists have lost a grip/sight of reality, but at least this one is refuting Bristows by casting doubts on the decision’s year, as did JUVE when it said no oral appeals had taken place and it may take long (2020). Bristows pushed this nonsense about 2019 in lots of Web sites; it was almost always Bristows (in other people’s blogs or quoted in some news sites), but Bell says it’s not even certain that a decision will come this year (see headline). To quote:

Once again, the German Federal Constitutional Court (BVerfG) has listed the “Constitutional Complaint” against German ratification of the Unified Patent Court Agreement (UPCA) on the cases to be decided for the coming year. Followers of this saga will be aware that the case was on the 2018 list but was not heard.

While it appears likely that the UPCA case will now be heard this year (the judge assigned to the case appears to be close to completing the earlier cases on his list), it is still uncertain whether and when this will lead to the UPC being established.

[...]

It is the UK government’s position that it intends for the UK to stay part of the unitary patent system following Brexit. The official guidance omits to comment on what might happen should, as is looking likely, the UPC fail to be established before the UK leaves the EU.

What happens after Brexit is currently unknown, so it is difficult to say with any confidence whether the German constitutional challenge and the UK leaving the EU will prevent the UPC from being established, prevent the UK from participating in the UPC or everything will proceed as planned. The latter in particular would require a number of legal hurdles to be overcome.

The latest developments surrounding Brexit have only further reduced chances of UPC ever materialising, as we recently explained. It’s probably safe to say that the UPC is dead unless there’s some major mischief (again) in the making [1, 2]. Bristows is the boy who cried “wolf!” not thrice but literally hundreds of times (that we’ve noticed). Who would be foolish enough to take their word seriously and what’s the threshold for getting disbarred/sanctioned? They give lawyers a really bad name. They’re chronic liars.

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 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  2. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  3. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  4. Links 16/1/2022: Tsunami and Patents

    Links for the day



  5. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  6. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  7. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  8. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  9. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  10. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  11. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  12. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  13. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  14. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  15. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  16. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  17. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  18. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  19. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  20. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  21. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  22. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  23. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  24. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things



  25. No Excuses for Using GitHub Anymore

    Software developers become living witnesses to more and more reasons to abandon Microsoft for good



  26. Links 13/1/2022: Slackware Linux 15.0 RC3 and More Microsoft Aggression Against Linux

    Links for the day



  27. IRC Proceedings: Wednesday, January 12, 2022

    IRC logs for Wednesday, January 12, 2022



  28. Links 12/1/2022: IPython 8.0, Iranian Attacks on Microsoft Windows

    Links for the day



  29. Non-Fungible Membership in OSI

    The OSI tells us that it got over a thousand members, but that boils down to just people clicking a URL or a button



  30. Computing Security is Being Redefined as 'Controlled by NSA' (and Microsoft)

    The ascent of fake security or the concept that outsourcing trust to Pentagon-connected monopolies is the same as "security" is a real problem because the mindset creeps into new legislation, in effect cementing monopolies and centralisation


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