Bonum Certa Men Certa

New Position Paper on the Unified Patent Court (UPC) Says It's “Not the Best Solution for Europe” -- Clearly an Understatement

Ever noticed how the 'Kats' completely stopped talking about the Unified Patent Court (UPC)? They know it's dead. They just know it.

A white cat

Summary: UPC proponents (profiteers) aren't enjoying support anymore; not only has progress stalled (come to a complete stop) but the whole debate about the UPC (or anything conceptually like it) turned toxic and negative because facts come out, overriding lobbyists of litigation giants

THE predictions from Team UPC have long been a source of amusement. Some have given up making fake predictions. Few have not. Some retired early. Some left their employer. UPC promotion is a big risk/liability to one's reputation. Some began doing it anonymously. How very telling.



"They wasted their money promoting a dud which in retrospect makes them look incredibly dishonest."These frauds and charlatans thought that repeatedly lying to the public and to our elected officials would accomplish something. They wasted their money promoting a dud which in retrospect makes them look incredibly dishonest.

Now there's this new paper (exactly a month and a week old), signed by Alain Strowel (alain.strowel@uclouvain.be), Fernand de Visscher (fernand.devisscher@simontbraun.eu), Vincent Cassiers (vincent.cassiers@uclouvain.be), and Luc Desaunettes (luc.desaunettes@uclouvain.be). "If you agree with the position papers or the simple motion," they say, "please contact one of us." They urge a "pause" to the whole thing. I'm not adding my name to it because I think that not only the UPC is wrong; anything even remotely like it is wrong. We know where the idea came from and who/what for.

"It's time to put the brakes on this hopeless chase. It's a total waste of politicians' and courts' time."Here are the two originals (updated 2 days ago). We're aware that most people don't like PDFs and won't bother opening any, so we've reproduced below, as images, both papers/statements, which are mostly signatures (notice Professor Xenos among the signatures below, along with many other names). The images below are added for readers' convenience. They're not reproductions of the underlying text.

UPC Alternatives P1

UPC Alternatives P2

UPC Alternatives P3




UPC Preliminary Research Working Document P1

UPC Preliminary Research Working Document P2

UPC Preliminary Research Working Document P3

UPC Preliminary Research Working Document P4

UPC Preliminary Research Working Document P5

UPC Preliminary Research Working Document P6

From the corresponding page:

The Unified Patent Court system is not the best solution for Europe and for innovation, and there are alternative systems to consider after Brexit.

The intellectual property group within CRIDES is behind an on-going initiative to rethink the system for adjudicating patents in Europe.

A position paper and a motion on the Unified Patent Court system, already signed by some experts, practitioners and academics, are available below.


We found this because of UPC boosters, who added an "UPDATE: This article was updated on 21 November 2020 [Saturday] to include the position paper of European academics and practitioners"

As usual, comments there are more informative that the Bristows diatribe. Here's the latest comment, which speaks about the ridiculous prose from Team UPC's 'useful idiots' in the German government:

Well, I think that we can conclude that my powers of prediction are very strong indeed. On 2 November 2020, I stated that: “we can already predict with 100% confidence what the responses will be, namely “Everything is in order. Nothing to see here”. We can also be certain that the responses will amount to nothing more than hand-waving, smoke and mirrors and half truths”.

Well, the answers provided by the German government match this prediction PRECISELY. My personal favourite is the answer provided in connection with questions regarding the absence of a cost-benefit analysis for the UPC and the possible impact upon SMEs. This is because the government’s “excuse” for not conducting any analysis is that they were happy to rely upon two prior “studies” that were conducted … in 2009!

The trouble with this is that, back in 2009, the legislation relating to unitary patents was COMPLETELY different. This is because the flavour of the day back then was the ECPC. That proposed system was struck down by the CJEU as being incompatible with EU law. Thus, unsurprisingly, the provisions of the UPC Agreement look rather different. There is also the matter that neither of the 2009 studies includes anything close to a comprehensive cost-benefit analysis.

Thus, the German government’s “excuse” for not conducting a full cost-benefit analysis is effectively that other people did some “back of a fag packet” calculations more than a decade ago in connection with a proposed legal system that was really quite different to what we have now.

Well, in the face of such compelling reasoning, I am sure that no one will doubt any of the government’s other assertions, such as: “The compatibility of the UPCA with the Basic Law, in particular the fundamental rights, as well as with Union law was comprehensively examined”; and “The federal government does not see any further constitutional deficits”.

I mean, there is no way on earth that these statements could be viewed as being deliberately misleading, right?


So, irrelevant 2009 (yes, 2009!) 'studies' are the basis of the lies; back when UPC was mostly a concept, just a little beyond hypothetical. Let's focus on the 2020 scholarly position (based on experts who produced more than just a study), which explains that the UPC is unsuitable, truly unfit for purpose. It's time to put the brakes on this hopeless chase. It's a total waste of politicians' and courts' time. A lot of taxpayers' money was already put into that. What do they have to show for it? Nothing.

Recent Techrights' Posts

Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
 
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026