Bonum Certa Men Certa

FFII: Unified Patent Court is 100 Times More Expensive and an SME Killer, Europe is Committing an Economic Suicide

By Benjamin Henrion, original licensed under a Creative Commons Attribution 4.0 International License.

On justice deniedBrussels, 31 october 2021 — FFII says the proposed Unified Patent Court is an SME killer with its super-expensive court fees of 20.000EUR. No small company will be able to defend itself if it is accused of violating a patent, the proposed UPC court fees will deny access to justice for small companies, the cost being 100X more expensive than the current situation in the different countries.



The claim that the Unitary Patent makes the system better for SMEs is a gigantic lie. Europe is committing an economic suicide by making sure the Court is not accessible to small companies.



Last week, business assocations members of BusinessEurope from Spain, Portugal, Hungary and Czech Republic refused to endorse a call to ratify the Unified Patent Court Agreement (UPCA). Those business associations mostly share the same position that the UPC court fees of 20.000EUR (validity) and 11.000EUR (infringement) are way too high, and will deny access to justice for SMEs:



“The Confederation of Industry of the Czech Republic thus demands […] to reduce the court fees, especially the fee for patent abolition’s proposal, which is set at 20 000 euros. If a subject wants to abolish an EU patent on the territory of the Czech Republic now, the fee is approximately 200 times lower.”

— SPCR.CZ: The proposed level of fees is too high for the Czech companies, the Confederation states https://www.spcr.cz/en/23-aktualne/statesment/8743-confederation-on-the-unified-patent-court-fees


This is also the analysis of the Portuguese Association of Consultants in Intellectual Property (ACPI):



“UPC rules are unbalanced in favor of patent holders and costs of European patent litigation in the UPC will be very high and unaffordable for companies resident in Portugal, jeopardizing the right to a fair and equitable process.”

— ACPI: Patente Europeia de Efeito Unitário e Tribunal Unificado de Patentes violam princípios básicos da UE e prejudicam empresas Portuguesas http://www.acpi.pt/wp-content/uploads/2014/01/ConclusoesVIForum.pdf


The same position is also shared by the Spanish Confederation of Employers and Industries of Spain (CEOE):



“Litigation under the UPC will be unaffordable for SMEs. Just have a look at the very high court fees that have recently been proposed by the UPC Preparatory Committee. The fee for invalidation, for example, would be 20.000 euros. On top of that, you have the costs of lawyers, translations, etcetera.”

— Kluwer Patent Blog: Despite the defeat at the CJEU, Spain will not join the Unitary Patent system http://patentblog.kluweriplaw.com/2015/06/17/despite-the-defeat-at-the-cjeu-spain-will-not-join-the-unitary-patent-system/



Even worse, in some countries small companies can call for Legal Aid if they don’t have the means to pay the expensive lawyers fees, and the UPC has scrapped that support for SMEs, and restricted to physical persons only (individuals). For example, in Austria, legal aid is available for small companies.



Benjamin Henrion, President of FFII, says: “The Unified Patent Court court fees of 20.000EUR will prevent small companies to defend themselves, especially against patent trolls, which have most of the time very weak patents. The argument that the UPC is ‘cost-cutting’ is a giant lie and does not fly if a simple case is 100X times more expensive than a national case. Court fees in most member states are between 80EUR and 600EUR, except for Germany.”



He finishes: “Like for the European Electricity Crisis, Europe is designing a patent court system which is the most expensive, a disaster for small companies that will be denied access to Justice.”



References






Recent Techrights' Posts

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day