Bonum Certa Men Certa

British Government Again Confirms Death of the UPC, But Team UPC is Not Listening

Woman with headphones listening to music



Summary: The British government states very clearly that the UPC isn't happening (as far as the UK is concerned); without the UK the UPC won't exist (ever), but the spin carries on

MOVE over, António Campinos.



Drop the wine bottle, Mr. Battistelli.

There are liars even bigger than you two.

This new piece from Taylor Wessing's Simon Cohen and Paul England openly asks what will follow the collapse of Europe's plans for a UPC...

The headline is of course a lie, as usual...

"They weaponise or at least utilise this media to tell loads of lies, perpetuating that lingering illusion if not delusion about the EPO."The media -- The Global Legal Post in this case (rather malicious although the publication's title clearly implies it's by/for the legal domain/litigation matters) -- is being hijacked by mouthpieces of patent trolls. They weaponise or at least utilise this media to tell loads of lies, perpetuating that lingering illusion if not delusion about the EPO's 'darling' -- a 'takeover' of courts. We recently published a 20-part series about it (index here) and as we said in the last part (posted over the past weekend) we knew it would not stop there. The law firm calls the fall of the UPC "a backward step" (for trolls and lawyers) and they -- the two authors -- at least aren't denying the severity of it. In their own words (taking into account Poland, Spain, Hungary and the Czech Republic -- something Team UPC deliberately omits):

'Null and void.'

So held the Federal Constitutional Court of Germany on 20 March 2020, delivering what could be the final blow to the pan-EU Unified Patent Court (UPC) project – nearly 50 years in the making.

In essence, the Bundestag did not use the correct two-thirds majority vote procedure when enacting this agreement into German law. It might be thought straightforward to remedy this problem: just re-enact the agreement using the necessary majority.

However, circumstances have moved on quickly in recent months. Poland and Spain declined to participate in the UPC early in the project, and they have recently been joined by Hungary and the Czech Republic, for constitutional and economic reasons, respectively.



Taylor Wessing's Simon Cohen and Paul England pretend that the death of the UPC somehow makes it harder to handle a pandemic when it's so obvious that the exact opposite is true! Lawyers lying for a quid. This is that typical nonsense; we saw similar lies spread in Germany, alarmingly implying we'll all die from a virus unless UPC becomes a reality! In their words: "The demise of the UPC is therefore a backward step, particularly at a time of pandemic, when there is so much emphasis on the need for international solutions and cooperation. The differences in national patent law risks consolidating silos of innovation and creating trade friction, rather than increasing cooperation of R&D centres around the world."

"The headline is of course a lie, as usual..."What on Earth were you guys smoking? The very opposite is true! It's so obvious. Because "increasing cooperation of R&D centres around the world" is a lot easier in an atmosphere of reduced tensions over patents. UPC strives to do the exact opposite. As Benjamin Henrion recalled, citing and quoting an old article [1, 2]: "Schneider: "It will be a hermetic, self-governing system of technocratic experts, the EPO, patent attorneys and large firms, with hardly any control mechanisms. It will have a disregard of public interests and human rights." [...] Schneider criticizes the lack of democratic control of parliaments and EU institutions on the UPC system and perceives a clear danger of tunnel vision and pro-patent bias."

Henrion has also just taken note of JUVE's obvious and blatant bias when he said: "JUVE interviews UPC software patent boosters such as Nokia/Ericsson/Siemens, an SME should probably be a patent applicant https://www.juve-patent.com/news-and-stories/legal-commentary/european-industry-reacts-to-german-upc-judgment/ … They forgot to mention that defense will be 3.5x more expensive in Germany."

"To the JUVE "think tank" the "European industry" is only few conglomerates with loads of patents," I responded. "How JUVE has fallen... and how fast."

Earlier this week we noticed that Bristows' Rich Pinckney reposted this... or the page got altered along with several others (their CMS is very weak/flaky, odd and quite likely arcane, just like the firm itself). Pinckney is editing or maybe tidying up all of his old but somewhat recent articles, maybe even hiding some false statements or inaccuracies in retrospect. Is the intention to save face? Or just a badly broken CMS? Would the UPC's CMS be equally poor? Then good riddance.

"Taylor Wessing's Simon Cohen and Paul England pretend that the death of the UPC somehow makes it harder to handle a pandemic when it's so obvious that the exact opposite is true!"Meticulous comparisons with archived/cached pages would be needed to prove that there's some kind of 'coverup' (sometimes they do edit old blog posts). Pinckney's latest post says "IP Minister confirms UK’s non-participation in UPC" (they did back in February!) and I responded to their tweet with: "You cannot participate in things that do not exist.."

The post can be found here. Richard Pinckney said that the "IP" [sic] Minister had "confirmed that “the Government will not be seeking the UK’s continued participation in the Unitary Patent and Unified Patent Court.” Her explanation for that decision expanded slightly on that of the government spokesperson on 27 February (which the media had reported, i.e.“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.”). She referred to the government’s approach to future relations with the EU published on 27 February (here) ruling out any obligation for UK laws to be aligned with the EU's or for the EU's institutions (including the CJEU) to have any jurisdiction in the UK, and explained that continued participation in the UPC would mean “ceding jurisdiction over key patent disputes in the UK to a court that is bound to apply and respect the supremacy of EU law, including judgments of the CJEU” would be incompatible with that approach."

OK, would that be enough to shut down that blog or shut up the UPC boosters of Bristows? Not likely...

"All in all, hooray to yet more low-quality media, misleading publishers, lying law firms and people who "still want to believe" (like alien enthusiasts, where UPC is the extraterrestrial with antennas and all)."Over at IP Kat they've just spoken about "Katfriends Darren Meale (Simmons & Simmons)," so the 'Kats' are friends with the very worst of Team UPC; they still have Bristows staff among their staff (albeit she left Bristows some months ago).

All in all, hooray to yet more low-quality media, misleading publishers, lying law firms and people who "still want to believe" (like alien enthusiasts, where UPC is the extraterrestrial with antennas and all).

Recent Techrights' Posts

For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
 
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025
August Hits Microsoft Hard: Dead Divisions, Dead Products, Layoffs Again (on Week 1)
Microsoft's debt is soaring
Slopwatch: Slow Day for LLM Slop, Serial Sloppers Still at It in Their Slopfarms
The Web would be better off if those sites went offline
Red Hat Layoffs Expected in 5 Days (Monday)
"They will announce and proceed with the cuts on 08/11."
Links 06/08/2025: Substack in Trouble, Slop Sceptic Shira Perlmutter Seeks Emergency Injunction Pending Appeal
Links for the day
Gemini Links 06/08/2025: Pinephone, Reverse-Engineering, and More
Links for the day
Links 06/08/2025: Faked Values of Slop Companies and Government Bailouts
Links for the day
FOSSY 2025 Conference Safety
The GAFAM-funded FOSSY 2025 is over
Microsoft's Favourite Pay-to-Say 'Analyst' Firm Has Just Collapsed
'Analysts' that helped propel Microsoft to fictional values akin to Ponzi schemes
Ask Google (Jeeves)
What does Google "know", not know, or would rather forget (or embellish)?
They Want You To Talk About Trump or 'The Other Bill' in Relation to Trafficking of Underage Girls for Sexual Exploitation
Just something we wanted to say...
How to Quadruple Your "Goodwill" Value and Grow Your (Wall) Street "Value" From $152B to $4000B Without Producing a Single Successful Product/Service
The longer it goes on for, the bigger the implosion will be
Staying Productive
Two very reputable institutions recently told us they now reckon Microsoft is somehow funding those SLAPPs against us
A Blow for Patent Ambitions of Bill Epsteingate
It's about money
66 Countries Where More People Use iPhones (or iPads) Than Microsoft Windows, According to statCounter Data
a list of countries where iOS now exceeds Windows
Apple's iOS Bigger Than Microsoft Windows in Many Countries
This ought to alarm Microsoft
The Mainstream Media Talks About Spotify Share Price and Price Hikes, Not Its Debt Increasing by About 33% in Just 12 Months
Spotify isn't a company in good shape
New "US Editor for The Register" is 80% Microsoft and Windows
they typically just treat Microsoft like the "Holy Grail" of "IT"
Microsoft is Apparently Sending Gag Orders or NDAs to Staff That Got Laid Off (“We were told not to post on LinkedIn. Not to say anything.”)
The main lies we keep seeing
Richard M. Stallman Has Published AI Memos Since 1980 (45 Years Ago)
Back when the term AI actually meant something
Gemini Links 06/08/2025: BitTorrent and Feedly Bots
Links for the day
Windows All-Time Lows, Android All-Time Highs in Kuwait
New lows for Windows can be found in many countries this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 05, 2025
IRC logs for Tuesday, August 05, 2025