Bonum Certa Men Certa

Enablers of Constitutional Violations and Unified Patent Court (Unitary Patent) Dreams

Now judges are being co-opted as well (because bribing media and academia has not been sufficient)

Robin Jacob
Photo credit: Emma Longland (photograph of Robin Jacob in an IAM think tank)



Summary: The Unified Patent Court (UPC) lobby -- or Team UPC -- which managed to enlist a former judge (the one above), is riding the back of IAM, an EPO-funded propaganda arm that's shameless about lying to people to keep those bribes coming

TOMORROW the European Patent Office (EPO) will kiss goodbye to the UPC. It's finished. António Campinos knows it. Battistelli also knew that, but he hoped that Brexit would not happen.



"UPC was all along nothing but a Trojan horse for software patents in Europe, raids, trolls, and even worse things (it's absolutely crazy that UPCA even got off the ground and earned a few ratifications!)."This happens to be one of the few and rare 'upsides' of Brexit. UPC was all along nothing but a Trojan horse for software patents in Europe, raids, trolls, and even worse things (it's absolutely crazy that UPCA even got off the ground and earned a few ratifications!).

Yesterday in Mirage News someone published "Intellectual property and transition period" (of Brexit). "You can apply for a European patent through us or direct to the European Patent Office (EPO) to protect your patent in more than 30 countries in Europe," it said, but many granted patents are rejected by courts! Now more than ever.

Here's more:

The UK and EU have ratified the Withdrawal Agreement. This allows the UK to depart the EU on 31 January 2020 and for the transition period (1 February 2020 to 31 December 2020) to begin.

During this time, EU law will continue to operate as it does now in the UK. The Intellectual Property (IP) system will continue as it is until 31 December 2020.

There will be no disruption to IPO services or changes to the UK IP system during this transition period. The IPO will convert almost 1.4 million EU trade marks and 700,000 EU designs to comparable UK rights at the end of the transition period. These will come into effect on 1 January 2021.

The arrangements in the IP section of the Withdrawal Agreement take effect at the end of the transition period. These arrangements provide legal certainty and protect the interests of rightsholders and users of the IP framework.

The Withdrawal Agreement ensures continued protection of existing EU-level IP rights in the UK after the end of the transition period.

This will ensure existing UK IP rights can be managed appropriately in line with existing domestic arrangements.

[...]

Patents

You can apply for a European patent through us or direct to the European Patent Office (EPO) to protect your patent in more than 30 countries in Europe, using the (non-EU) European Patent Convention (EPC).

As the EPO is not an EU agency, leaving the EU does not affect the current European patent system. Existing European patents covering the UK are also unaffected.

European patent attorneys based in the UK continue to be able to represent applicants before the EPO; see the news story on the EPO website.


"As the EPO is not an EU agency," they said, "leaving the EU does not affect the current European patent system."

The UPC is. It's an EU system. And hence it's untenable. The UK leaving the EU means that the whole UPCA is a piece of outdated and legally invalid junk. It's toilet paper, however glorified (law firms spent much of their money on it, hoping for high RoI).

"The UK leaving the EU means that the whole UPCA is a piece of outdated and legally invalid junk. It's toilet paper, however glorified (law firms spent much of their money on it, hoping for high RoI)."Coming yesterday from "City, University of London" was another new piece about Brexit and there's a section about patents. It says that "the UK will participate in the Unitary Patent and Unified Patent Court system" as if the UK can participate (it cannot) and as if it already exists. Those are the two famous lies of Team UPC. These two lies are STILL being spread. Not only does the UPC lack legal validity; it doesn't exist and no such thing will exist, so it is a loaded statement. It's dead for many reasons, including Brexit (there are other reasons too).

Here's the full section of the text:

Senior Lecturer and Intellectual Property and Trademark Law researcher, Dr Enrico Bonadio said:

“In the post-Brexit era, intellectual property (IP) law faces an uncertain future. The impact of Brexit on IP rights cannot be foreseen with certainty and depends on the outcome of negotiations and agreements made between the UK and the EU during the upcoming second phase of the negotiation. It is uncertain, for instance, if the UK will participate in the Unitary Patent and Unified Patent Court system, despite the UK’s ratification of the relevant agreement in April 2018. As far as EU trade marks and designs go, what appears certain is that EU trademarks and designs will no longer have effect in UK - with the British government creating (at the end of the transition period) a comparable UK trade mark for every registered trademark or design, without charging for it. The British government has also said it will not implement the EU Digital Single Market Directive, which leaves open the possibility the UK will diverge in the digital and copyright fields.”


As we noted the other day, IAM was about to use Robin Jacob for UPC propaganda. They had announced this upfront. This was the marketing strategy.

Emma Longland wrote about Robin Jacob's words on Twitter, all this while attending an IAM event (patent maximalists' think tank), sponsored by the EPO's PR firm for UPC propaganda. These think tanks of patent trolls need to be called out if not shut down (if possible). They corrupt our democracy and this is in fact their business model.

As for Longland, the very fact that she's attending says a lot about her (or her employer). She's pushing CRISPR patents (her description in Twitter says "EP & UK Patent Attorney, HGF Ltd. Life Sciences esp CRISPR"), so basically patents on life and nature...

"As we noted the other day, IAM was about to use Robin Jacob for UPC propaganda. They had announced this upfront."Have these people no sense of humility and shame?

This is what she wrote about the 'main attraction' -- a judge turned de facto lobbyist of the patent 'industry'. "Attending meeting about UPC on Thursday," Longland wrote, "it's still alive, they want it in Europe and I'm in charge of appointing judges; Sir Robin Jacobs, @IAM_magazine #PharmaBioIP – At The Bloomsbury Hotel"

Expensive hotel and expensive propaganda, spreading (again) the lie that UPC is alive. This wouldn't be the first time he says that; he said that before and Team UPC was ever so delighted.

But no, there's no UPC without the UK as they'd have to start all over again (rewriting, re-ratifying, dealing with several constitutional violations, EPO corruption etc.). "Also," I responded to Longland, "when you say "they want it in Europe" by "they" you mean Team UPC i.e. litigators and trolls (or their lawyers). Everybody else would loudly opposed it (if they knew what it really was; most never heard of it)..."

"...there's no UPC without the UK as they'd have to start all over again (rewriting, re-ratifying, dealing with several constitutional violations, EPO corruption etc.)."We don't pick on Longland per se but on the person she mentions, Robin Jacob. We're not alone either; even some attorneys see the ethical breach there...

Longland also tweeted: "Sir Robin Jacob - populism has been dictating the answers in the patent system, e.g. Prometheus and Myriad in US, and we haven't been defending the Pharma patent system enough; keynote address, @IAM_magazine Pharma & Biotech IP event pic.twitter.com/dGCLE7V1yt – At The Bloomsbury Hotel"

An event funded by lawyers of "Pharma & Biotech" tells us that what 99% of people want and need is dumb, stupid and "populism"; we should really just do everything that's dictated by the patent "barons". After all, who cares about science, public interest etc. anyway? The 'church' of "Pharma patent system" -- like the "free market" (i.e. deregulated oligarchy), should decide on everything...

This is very typical IAM, which later had to clarify, under pressure, that there's a misunderstanding or misrepresentation (which IAM was happy to exploit). "Just to clarify," IAM wrote, "he’s not a judge anymore!"

"An event funded by lawyers of "Pharma & Biotech" tells us that what 99% of people want and need is dumb, stupid and "populism"; we should really just do everything that's dictated by the patent "barons"."Oh, now you mention that? Having built hype to sell seats and propaganda?

"Revolving doors do tend to -- well... -- revolve," I told him.

He's "not a judge anymore!"

But he was.

And his decisions still bear much effect on the system.

Matteo Pes, an attorney who is occasionally critical of the UPC (we respect his sincerity), then wrote on Twitter: "Yes, but what you do/say after you get retired as public servant affects the perception of the people of what you did as public servant. I really don't like those words..."

Judges for hire. Apply now... for think tanks.

It is obviously very bad when the general public gets the perception -- nakedly proven -- that judges may 'monetise' their authority later on, e.g. by receiving a pre-promised job from some oligarch looking to reward them for a decision (or systematic pattern of them). It's bribery.

"It is obviously very bad when the general public gets the perception -- nakedly proven -- that judges may 'monetise' their authority later on, e.g. by receiving a pre-promised job from some oligarch looking to reward them for a decision (or systematic pattern of them). It's bribery."What's pointed out above, with detailed description of what the judge did (photographs included), will hopefully be noticed by the FCC in Germany. This is exactly the kind of thing which makes the UPC unacceptable, not only constitutionally untenable. It's like a system 'bought' by the industry or a mere section of it (the monopolists), aided by lawyers who are paid for it.

"Bundestag asked to submit comments on UPC complaint," Benjamin Henrion noted, pointing to the latest "Update (27/01/2020)" from the famous complainant (who had worked for a Team UPC firm before he turned against it).

"EPO cannot be brought to court," Henrion explained, and "this is like the Police violenting [sic] people and which cannot be brought to Court for maladministration..."

Here are latest three updates from the complainant in Germany:

Update (29/05/2019):

In its Opinion 1/17 of 30/04/2019 on the compatibility with Union law of the planned Investor-State Dispute Settlement Mechanism (“ISDS mechanism”) in the Comprehensive Economic and Trade Agreement (“CETA”), the CJEU (Full Court) once again confirms its requirements as to the protection of the principle of Union law autonomy in relation to international courts, cf. here.

Update (29/11/2019; 16/01/2020):

As a sidenote to recent events, between 24 and 26/11/2019 a delegation of the German Federal Constitutional Court visited the UK Supreme Court, discussing, inter alia, “the justiciability of issues relating to the separation of powers” (cf. the official press statement of 27/11/2019).


Update (27/01/2020):

In the constitutional complaint proceedings before the Federal Constitutional Court (BVerfG) with docket no.s 2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16 and 2 BvR 561/18, which deal with the compatibility of acts of the European Patent Office with the German Grundgesetz, the German Bundestag decided in its 115th session on 26/09/2019 to appoint a representative and to submit comments (cf. the Plenary Protocol of 26/09/2019, section 14033 C [German language] and the resolution of the Committee on Legal Affairs and Consumer Protection of 25/09/2019 [German language]).

According to the usual procedures, this suggests that the BVerfG has shortly before granted the German Bundestag, which, amongst others, must be mandatorily involved pursuant to sec.s 23(2), 94(4), 77 of the Federal Constitutional Court Act (BVerfGG), an opportunity to submit comments in these proceedings and has set a respective deadline.

In the constitutional complaint proceedings on the UPCA, the same procedure took place already at the end of 2017 (cf. the Plenary Protocol of 13/12/2017, section 361 C [German language] and the request by the CDU/CSU Parliamentary group to file such comments [German language]); also cf. the above update of 28/02/2018.



The comments in German may seem to exclude input from other EU nations (concerned about the UPC), but this particular complaint refers the German constitution alone, so it probably makes sense.

There are many constitutional violations or at least 4 aspects of these. That does not even take account of constitutional violation in other European countries.

"Those who care about the integrity of the EU would ferociously oppose the UPC and anything of its kind. It's not "unified" or "unitary" or "community" but a coup of the litigation zealots."As Henrion noted, citing Bristows (Team UPC): "Sky v SkyKick: troll trademarking "computer software". At least on trademarks the CJEU will cast some sanity in the system, not like for the coming UPC, where the patent microcosm will evolve in the reclusion and silence of a Trappist monastry..."

Something like the UPC is vendor-captured court. It's not really subjected to public scrutiny and it is steered by patent maximalists rather than people who respect laws and constitutions. Such a court would be a massive slap across the face of the EU and merely contribute to more "exits" (like Brexit). Those who care about the integrity of the EU would ferociously oppose the UPC and anything of its kind. It's not "unified" or "unitary" or "community" but a coup of the litigation zealots. Sure, it has been misnamed and falsely marketed.

Recent Techrights' Posts

Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
 
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026