06.12.20

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Team UPC Keeps Perpetuating the Fiction UPCA Will be Ratified Soon (It Cannot, It’s Illegal)

Posted in Deception, Europe, Patents at 9:51 pm by Dr. Roy Schestowitz

Recent: Taylor Wessing’s Latest UPC Spin: No More/Additional Complaints Against UPC Lodged

Binocular Anime Girl: UPC ready soon? Nope. Fake news.

Summary: The lies of Team UPC have just been extended from the Bristows-led lying machine (Unified Patent Court and Unitary Patent blog) to Kluwer Patent Blog; since some people are not yet familiar with their track record (basically lots of fiction and fabrications) we ought to respond again

WHY EVEN bother?

Why ever give publicity to lies from Team UPC and from management of the European Patent Office, which said nothing factual about the FCC and instead just amplified Christine Lambrecht, who had spread controversial lies…

Why?

“…the latest lie comes from Team UPC, probably Bristows (“Kluwer Patent blogger” is often used by Bristows when it goes anonymous to tell lies).”Well, UPCA (and thus UPC) is dead, but if fiction is repeated often enough, then perception can be perturbed. We’ve seen that over and over again; many people believe that software patents are OK in Europe because the EPO keeps granting them (courts reject these) and IAM tells us every year that patent quality at the EPO is fantastic. Power of lies… never underestimate the power of big lies being repeated frequently enough by a multitude of mouths/sites.

So anyway, the latest lie comes from Team UPC, probably Bristows (“Kluwer Patent blogger” is often used by Bristows when it goes anonymous to tell lies). The Bristows site said it the other day and now the same stuff is in Kluwer Patent Blog. Coincidence?

See Kay’s first (and sole for the time being) comment: “What a mess my home country is creating. Has anybody responsible even read the complaint and the decision by the FCC? Likely they only listened to consultants. And since the budget for consultants has become problematic due to the example of Ms. von der Leyen, these consultants are then payed by interested external companies, who have an interest in a certain outcome. Lobbyism has become so easy in Germany.”

“Just like Benoît Battistelli became a major embarrassment to France this whole UPC thing became an embarrassment to Germany, which nowadays looks like some “banana republic”…”The blog post it’s attached to smells like the words of Bristows. They try to dominate the narrative with falsehoods, exaggerations and fabrications. They’ve done that for many years already. The blog post has a sort of misleading headline intended to fake 'progress' (as we said in relation to the Bristows blog) and it starts with Lambrecht’s outrageous lies, which some condemned at the time:

But less than a week after the FCC decision, the German minister of Justice and Consumer Protection, Christine Lambrecht, issued a press release of 26 March 2020, stating: “I will continue to work to ensure that we can provide the European innovative industry with a Unitary Patent and a Unified Patent Court. The Federal Government will carefully evaluate the decision of the Federal Constitutional Court and examine ways to remedy the formal deficits the FCC found during this legislative period.”

Since then, apparently work has been done. Taking into account the short consultation period, it now seems possible re-ratification of the UPCA in both chambers of parliament could be completed this year.

[...]

Precisely because of this issue, Patrick Breyer, representative of the Pirate Party in European Parliament, has asked the European Commission to confirm that Germany no longer has the right to ratify the UPCA, as according to EU case law, Member States must not enter into agreements with third countries that affect EU rules or alter their scope.

It’s worth noting that Bristows also covered (in order to distort) the question from Breyer. I’d bet all my money on this blog post being spin from Bristows, conjoined with statements like “possible re-ratification of the UPCA in both chambers of parliament could be completed this year.”

“What a mess my home country is creating. Has anybody responsible even read the complaint and the decision by the FCC? Likely they only listened to consultants. And since the budget for consultants has become problematic due to the example of Ms. von der Leyen, these consultants are then payed by interested external companies, who have an interest in a certain outcome. Lobbyism has become so easy in Germany.”
      –Kay
I still remember that back in 2018 Bristows was floating false rumours about dismissal of the UPC complaint by Christmas of that year (when I was in Berlin). It was based on nothing at all; likely pure fabrication, or a false rumour with political motivation. The above seems like more of the same. It also reaffirms everything we’ve been saying about Team UPC. Just like Benoît Battistelli became a major embarrassment to France this whole UPC thing became an embarrassment to Germany, which nowadays looks like some “banana republic”… (for a number of different reasons covered here before)

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