07.20.20

Gemini version available ♊︎

Final Death for UPC: UK Officially Withdraws, Leaving Only France (Updated)

Posted in Europe, Patents at 8:20 am by Dr. Roy Schestowitz

UK Withdrawal from the UPCA

Summary: The mass litigation ‘dream’ is dead; there’s just about no chance at all that the UPC can make any progress (even the twisted ‘logic’ of the EU Commission and BMJV is thrown down the toilet)

TODAY we have some very good news.

At around noon today Thorsten Bausch (Hoffmann Eitle) wrote about “German UPCA Ratification” being attempted by BMJV. To cut to the chase: “This takes us directly to the current plans of the German Ministry of Justice and Consumer Protection (BMJV in German) to rush a second ratification of the UPC Agreement through parliament in an unchanged form, as if nothing had happened in the meantime. True, the BMJV has heard about Brexit and seems to be aware that the UK intends not to participate in the UPC Agreement, yet never mind – the UK has ratified it and so Germany can ratify it too, start the system and the deal with any problems later… somehow. The EU Commission also seems to endorse this view.”

“And just like that another door closes on the UPC, making or marking the end of an era.”“Politically,” Dr. Bausch commented, “I would respectfully submit that this is just madness.”

Jan Van Hoey said in the sole and first comment: “Not mentioning the 4 other constitutional complaints against the EPO for violation of the “rule of law” (art2 TFEU), the EPO cannot be sued for maladministration. So the BMJV knows about those 4 pending cases, but want to mull the UPCA through because the Brexit transition period ends on 31st December 2020. I guess Mr Breton will find a legal way to say the UK is out of the UPCA by the 1st January 2021. He could just recall the decision of the FCC saying the UPCA is only open to EU member states.”

It has meanwhile emerged (a very short time later) that there’s a “UK Withdrawal from the UPCA”; UPC ‘central’ says:

Today the UK made its final preparation to withdraw from the Unified Patent Court project. A deposit of the withdrawal notification of ratification has been deposited with the Council Secretariat. In addition, there has been a parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister for Science, Research and Innovation )…

This was quickly picked up by Team UPC, which wrote anonymously:

The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee.

Goodbye, UPC.

The EU Commission and BMJV look more foolish — if not corrupt — than ever.

As MaxDrei noted the other day:

For the last nearly one thousand years the national security of England has been based on playing off one European mainland Power against another. In the few years of its EU membership, this was tempered by the need to engage, to get EU law-making rational and efficient. But now that the UK is out of the EU it can revert to its thousand year old task of messing up unity on The Continent. Keep that in mind when pondering UK conduct vis a vis the UPCA.

And without the UK as the “third member of the committee” of the Big Boys Club of the EU, with London no longer deciding pharma/biotech cases for the UPC, in patent matters ongoing, Germany and France are free once more to bicker over issues such as “Shall Paris or Munich call the shots”. What we are seeing now is a struggle for supremacy between the governments of France and Germany. As Attentive points out, fine for big industry, but not so helpful for the SME sector. Isn’t there some saying or other about elephants fighting and mice getting ground into the dust?

To which there was the following reply: “As to the present situation in the UK and who calls the shots as to international trade issues, an interesting analysis can be found at [Politico]. Given the division within the UK government, it is not clear that they are in a position to sow division within the EU anyway. The shift towards centralisation at the top of the UK government as signalled in this article implies that any deference to CJUE [sic] is anathema.”

And just like that another door closes on the UPC, making or marking the end of an era. Only France ratified UPCA (among key signatories). We can envision António Campinos phoning Benoît Battistelli right about now, assuring him that the European Patent Office (EPO) will bribe whoever it takes to ‘correct’ this.

Update #1: IP Kat is of course trying to make death of the UPC sound like bad news, having lobbied for this monstrosity:

  • The UK takes the final step out of Unitary Patent Court

    It does not come as a big surprise, but it comes certainly with some bitter feelings. The UK takes the final formal steps towards its withdrawal from the Unified Patent Court project (UPCA).

    Already in late February, the UK government made it clear that the UK would not participate in the UPC. Contrary to the position of the government led by Theresa May, confirming UK commitment to the UPC project, Boris Johnson has expressed a clear line, a very neutral relation to the EU post Brexit. This means also avoiding any form of Court of Justice of the European Union – CJEU involvement, something that would not be possible should the UK proceed with its commitment to the UPC.

    The CJEU has a central role in the UPC agreement as the ultimate arbiter of EU law, and Article 20 of the agreement specifically states that the Unified Patent Court “shall apply Union law in its entirety and shall respect its primacy”.

Update #2: Looking at some comments, “schweinsgalopp” wrote:

UPC boosters will tell us Germany can go ahead with the ratification, and that the UPCA can enter into force anyway.

To quote another: “Let’s get the real deal, an EU-Patentcourt as in the Treaties. Not the Wolpertinger in your hand, the UPC…”

Surely we’ll see more comments — ones that are yet to come (from Kluwer, IP Kat etc. albeit they censor the ones they don’t like)

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. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  2. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  3. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  4. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  5. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  6. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  7. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  8. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  9. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  10. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  11. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  12. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  13. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  14. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  15. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  16. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  17. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  18. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  19. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  20. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  21. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  22. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  23. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  24. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  25. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  26. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  27. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  28. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  29. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  30. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)


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