Bonum Certa Men Certa

Death of the UPC (Unitary Patent) Confirmed by the British Government

UPC strictly requires the UK, hence UPC is dead

UPC lies
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.

Recent Techrights' Posts

Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
 
Microsoft Gets the Chop in South America
The notion of digital sovereignty gained a lot of popularity
Europe Has an 'Exit'
Let's see what happens the rest of this year
El Presidente Talks, Canada Walks (Away From Windows)
GNU/Linux rising
Cities in France and Germany Move to GNU/Linux and statCounter Detects Big Differences
Will governments lead by example?
Microsoft Lost Its Foothold in Africa
How many of these are "old" Windows machines converted to GNU/Linux? Probably a lot.
Led by Europe, GNU/Linux Makes Big Gains This Month
statCounter started showing new/fresh stats
Links 02/07/2025: Massive Microsoft Layoffs About to Commence, "Tesla's Robotaxi Program Is Failing"
Links for the day
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day
Links 01/07/2025: "Independence Day in Taiwan", Bounties on Software Patents
Links for the day
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day