04.15.20

Gemini version available ♊︎

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

Posted in Deception, Europe, Patents at 11:30 am by Dr. Roy Schestowitz

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).

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. [Meme] EPO Budget Tanking?

    While the EPO‘s António Campinos incites people (and politicians) to break the law he’s also attacking, robbing, and lying to his own staff; thankfully, his staff isn’t gullible enough and some MEPs are sympathetic; soon to follow is a video and publication about the EPO’s systematic plunder (ETA midnight GMT)



  2. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  3. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  4. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  5. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  6. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  7. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  8. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  9. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  10. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  11. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  12. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  13. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  14. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  15. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  16. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  17. Linux Foundation Almost Never uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  18. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  19. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    Links for the day



  20. Patent Examiners Rising Up Against EPO Abuse

    Unhappy with the law-breaking autocracy (the EPO‘s management breaks the law as a matter of routine), fast-deteriorating working conditions and rapidly-decreasing quality of work (or lack of compliance with the law), workers have escalated further, topping off strikes and industrial actions with a large-scale petition



  21. [Meme] What Managers (Really) Mean by Acting Professionally

    The myth of 'professionalism' needs to die along with the façade of conformity as prerequisite for employment (Linus Torvalds can work just fine in a bathrobe in his own home)



  22. Internal Poll: 93% of European Patent Office (EPO) Workers Are Unhappy With the EPO

    On top of strike/s and industrial action/s there are now also petitions; at the EPO, almost all staff is "disgruntled" because of utterly corrupt and defunct leadership



  23. Links 17/05/2022: OpenSUSE Leap 15.4 Release Candidate

    Links for the day



  24. IRC Proceedings: Monday, May 16, 2022

    IRC logs for Monday, May 16, 2022



  25. Links 16/05/2022: FreeBSD 13.1 and Inkscape 1.2 Released

    Links for the day



  26. Archiving Latest Posts in Geminispace (Like a Dated Web Directory But for Gemini)

    Earlier today we saw several more people crossing over from the World Wide Web to Gemini; we're trying to make a decent aggregator and archive for the rapidly-expanding Geminispace, which will soon have 2,500 capsules that are known to Lupa alone



  27. Microsoft Vidal Does Not Want to Listen (USPTO is Just for Megacorporations)

    Microsoft Vidal knows her real bosses. They’re international corporations (multinationals like Microsoft), not American people.



  28. Links 16/05/2022: China Advances on GNU/Linux and Maui 2.1.2 is Out

    Links for the day



  29. Jim Zemlin: Chief Revenue Officer in 'Linux' Seat-Selling Foundation

    Board seats in the Linux Foundation are basically a product on sale, based internal documents



  30. Reminder: Linux Foundation's Last IRS Filing is Very Old (Same Year the CFO Left)

    People really need to ask the Linux Foundation, directly, why its filings are years behind; this seems like a sensitive subject


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