02.28.20
Gemini version available ♊︎Death of the UPC (Unitary Patent) Confirmed by the British Government
UPC strictly requires the UK, hence UPC is dead
Lies as headlines are fashionable in “Fake News” era
Summary: The lies about the UPC are repeatedly being called out as UPC disarray is confirmed by the spokesperson of Prime Minister Boris Johnson
NOBODY should be surprised by this. As comments online (forums, blogs and so on) indicate, everyone except hardcore “Team UPC” is not surprised by this at all. Some time in the coming days we’re going to take stock of some feedback. It’s quite revealing. We’ve been saying this for years, even at risk of being ridiculed as unrealistic.
The short story is, a key pro-UPC outpost, namely IAM, heard right from the horse’s mouth that the UPC isn’t happening. Joff Wild, who gave up about a year ago, tried to save face by writing: “Although the previous government led by Theresa May committed the UK to UPC membership, the new government under Boris Johnson has made clear time and again that it envisages a far looser relationship with the EU post-Brexit. As a consequence, it has taken a much harder line on CJEU jurisdiction. Basically, it does not want any in any form. The CJEU – the Court of Justice of the European Union – has an important role in the UPC agreement as the ultimate arbiter of EU law, while Article 20 of the agreement specifically states that the Unified Patent Court “shall apply Union law in its entirety and shall respect its primacy”. Thus, being part of the system would have meant the UK accepting that EU law takes precedence over UK law in UPC-related matters.”
To put it more succinctly, UPC is dead along with anything that resembles it. London won’t play ball.
“Kluwer Patent blogger” (typically Team UPC pseudonym) has meanwhile taken note of the above, adding:
The UK will not be part of the UPC. The Office of Prime Minister Boris Johnson has confirmed this to IAM-Media.
According to the website, spokesperson Baylee Turner stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.”
The possibility for the UK to participate in the UP system post-Brexit has been a topic of lengthy debate. Also, it has long been questioned whether the UK would want to stay in the Unitary Patent project. During the Brexit debate, it has repeatedly been said that Brexit would end the jurisdiction of European Courts in the UK.
At this stage it hardly even matters what happens (or will happen) in Germany. The politicians in Berlin won’t ratify something that’s legally pointless, not just for constitutional reasons but Brexit as well.
IP Kat, which wrote close to one hundred posts promoting the UPC, is changing its tune now that it’s convenient. Alex Woolgar wrote the headline “UK will not participate in UPC system” (which is funny because no participation means that the UPC itself is defunct, so it’s understating what has happened).
Woolgar says that “like that, it’s gone. However one interprets Opinion 1/09 of the CJEU, it is pretty clear that the UPC Agreement requires UPC participating states to respect the primary of EU law (Articles 20/24) and the overarching jurisdiction of the CJEU (Article 33) in relation to the UPC system. And, consequently, the UK Government has briefed that it will not seek to remain a part of the UPC system (although we do not expect a formal announcement). Subject only to a radical policy rethink in the coming months (which seems highly unlikely), sadly, the UK seems to have got off the UPC bus.”
It’s dead, Alex. It’s dead. Let go, Mr. Woolgar. Your IP Kat colleague has even left Bristows (the colleague who is responsible for most of the UPC misinformation in that blog).
Don’t expect this blog to quit boosting the UPC though; as recently as this week IP Kat is still advertising for CEIPI (run by the thug, Battistelli) and the UPC (which Battistelli wanted to run). 2 days ago they wrote:
Paris: What status for the harmonization of patent law in Europe?
On 7 May, 2020, the University of Strasbourg will be holding a conference, “What status for the harmonization of patent law in Europe? Jurisprudences France – EPO: convergences and divergences”. The conference will take place at the Maison du Barreau in Paris. Check here for the conference programme and registration.
They keep pushing dead nonsense and also in the same blog post: “Premier Cercle is holding a course, to take place in Paris on June 11, 20 and 21, on how to draft AI patents. Check here for dates and registration.”
They mean illegal (invalid) European software patents disguised as “HEY HI” (AI) — a subject we’ll cover separately. █
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