01.19.21

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Team UPC Keeps Pretending That UPCA Can Still be Resurrected (Even Without the UK, Which is Strictly a Requirement)

Posted in Deception, Europe, Patents at 5:14 pm by Dr. Roy Schestowitz

Video download link

Summary: The latest distortion of facts regarding the Unified Patent Court (UPC) Agreement (UPCA) as seen from the lens of people who seek to profit from such distortion

IT IS flabbergasting, isn’t it? Team UPC refuses to move on. The lobbying, the lying, the distortion of reality, and malpractice (like giving their clients advice that they know to be bad).

The above video, based on [1-3] below, isn’t the most unique of things and we could probably do rebuttals to/about other nonsense such as [4-6] instead (though it would likely amplify FUD). Why is the media turning into such a propaganda machine? Because that’s just where the money is. There’s more to be gained (financially, not in terms of reputation) by lying to people than by informing them. In the EPO the best of liars literally get promoted; it’s like a job requirement. In the media people get berated by their bosses for exposing EPO abuses (I’ve heard stories to that effect). Why are liars being rewarded and why is the public tolerating that (by apathy)?

Items from the video (with commentary added):

  1. Bundestag’s response to the UPC constitutional complaints [Ed: The UPC lobby is becoming ever more desperate now]

    The Bundestag’s Committee on Legal Affairs and Consumer Protection has reported here the following from its meeting on the two constitutional complaints filed in the German Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) against the draft legislation enabling Germany to ratify the Unified Patent Court (UPC) Agreement and its Protocol on Provisional Application:

  2. Intellectual property after Brexit [Ed: “The impact of Brexit on patents will be felt only in respect to the unitary European patent,” it says, but there’s no such thing. UPC is just dead. They propagate this spin.]

    The existing procedure for obtaining a European patent and then validating it in countries selected by the applicant will remain unchanged. This is because the grant of European patents is governed by the European Patent Convention, to which the UK is a party. Despite leaving the EU, the UK has not renounced this convention, and thus European patents validated in the UK will remain in force. Entities from the UK will still be able to apply for the grant of a European patent and seek validation of the patent in any country that has signed the convention. Similarly, entities from outside the UK will be able to follow the same procedure to seek validation of patents in British territory.

    The impact of Brexit on patents will be felt only in respect to the unitary European patent. The UK has announced that it will not take part in this system, which means that a unitary European patent will not exert effects in British territory. To obtain protection there, it will thus be necessary to validate the European patent in the UK or obtain national registration there.

    [...]

    Brexit will have an impact on most businesses in the EU and the UK. Owners of filed or registered EU trademarks and Community designs must soon decide on obtaining or maintaining their rights in the UK. In this respect, they should examine their portfolio, the scope of use, and plans for the future, so that they can base their decisions on business realities. Businesses should also—ideally with the help of counsel—analyse their strategy for intellectual property and commercial contracts, so that after 31 December 2020 they continue to effectively protect their exclusive rights in both the EU and the UK, and exercise their rights without risk.

  3. “A drawn-out UPC process would damage democracy” [Ed: JUVE quit being a news site and chose to be propaganda lobby for Team UPC. The horrendous logic of JUVE’s Mathieu Klos is, we need to rush courts to force-feed Europe something that is not legal (for fear that time will make more people aware of it).]

    Federal president Frank-Walter Steinmeier has once again halted the ratification process at the request of the Constitutional Court. This too is a normal process. It does not allow any conclusions to be drawn about how the court will assess the complaints.

    JUVE Patent is aware that the German government intends to quickly deposit the instrument of ratification for the protocol on the provisional applicability of the UPC with Brussels. This should set in motion the preparatory work for the UPC. The government plans to send the instrument for the actual agreement to Brussels once UPC preparations are complete.

    This is what the government has agreed with the other UPC member states. Four months after Germany takes this step, the court must actually open its doors.

    [...]

    The UPC must not ultimately fail due to a time problem. That would be constitutionally worrying.

  4. Linux malware authors use Ezuri Golang crypter for zero detection [Ed: This is wrongly blaming "Linux" and "golang" because people can use Linux and code malware/write code in Go. This is what Microsoft-connected sites keeps doing, because "Microsoft loves Linux..."]
  5. Dnsmasq vulnerabilities open networking devices, Linux distros to DNS cache poisoning

    Seven vulnerabilities affecting Dnsmasq, a caching DNS and DHCP server used in a variety of networking devices and Linux distributions, could be leveraged to mount DNS cache poisoning attack and/or to compromise vulnerable devices.

  6. New FreakOut botnet targets Linux systems running unpatched software [Ed: Almost all the server-side software runs on "Linux", some of it is secure if patched, but when sysadmins neglect to patch that software, let's just blame the platform]
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