Bonum Certa Men Certa

UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

Fieldfisher and UPC



Summary: The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see

There's a lot of very serious abuse (at least institutional) surrounding the UPC, much like in those 'trade' agreements with all the confirmed bribes. The UPC should be at least as scandalous as ACTA or the TPP, but the public is hardly aware of the UPC, there's no public input on it, and the driving forces behind it typically work behind closed doors (or in private events with high fees to attend and no input from critics).



The UPC is driven not by public demand but by the desire of some parties to essentially loot the public. It's like legalised theft, or systematic passage of wealth.The EPO has its own lobbyists Brussels and so do EPO allies like Microsoft, which employs Microsoft-connected lobbying groups in Brussels (for software patents in Europe -- a goal evidently shared by the Battistelli-led EPO). Does anyone know who funds the front/lobbying group “Fair Standards Alliance”? They don’t say, but we can make guesses.

Curiously enough, yesterday we found out that the legal firm that the EPO hired (i.e. paid) to bully me with legal letters is boosting the UPC right now. Well, another coincidence or alignment/intersection of interests? MIP wrote that in its partially-visible article (behind paywall). "Fieldfisher expand ahead of UPC launch," it says, and all I know Fieldfisher for is threatening legal letters that it sent me. Articles which highlighted the connection between Microsoft and the EPO is what they threatened me over, repeatedly.

As it turns out, based on yesterday's tweet from the FFII's President, the "German Ministry of Justice seems to prepare for UPC ratification, software patents like a letter to the post #swpat #nodebate" (indeed, no public debate at all, same as in the UK).

Patent firms love the UPC because more (and broader) lawsuits mean more income for them. As it turns out, based on input that we received yesterday, there is a lot of nepotism and lobbying in the mix. The German Ministry of Justice is implicated, too. To quote this source of ours:

Roy,

as regards your postings on who will benefit most from a unitary patent and Unified Patent Court, you might want to have a closer look to the article here:

http://www.stjerna.de/index_en_htm_files/The_requirements_of_Article%20118_1_TFEU.pdf

Its sections I. and II. describe a remarkable connection between the German Ministry of Justice and one of the leading German pro-UPC proponents, Prof. Tilmann (http://www.hoganlovells.com/winfried-tilmann/), a preeminent German attorney at Hogan Lovells, one of the leading patent litigation firms in Europe. Tilmann admitted that he had been given confidential court documents by the Ministry of Justice to publicly comment on these in favour of the UPC.

The article also cites a letter sent by his firm to a Committee of the House of Commons in 2012, trying to clarify that Mr Tilmann was not acting on behalf of Hogan Lovells, but was merely providing "his own personal views" - after he had apparently pushed his lobbying for the unitary patent and UPC a little too far. The letter was mentioned on the IPKat (http://ipkitten.blogspot.com/2012/05/when-unity-creates-division-kat-patent.html), it can be downloaded here (https://sites.google.com/site/ipkatreaders/unifiedpatentproposal/hoglove.pdf?attredirects=0&d=1). It is still a good laugh.

Regards


It seems possible that the only reason the European public has not yet scandalised the UPC is the secrecy around it, the lack of understanding (the EPO spends money on pro-UPC propaganda events), and lack of public participation.

We urge all readers, both inside and outside Europe (and inside the EPO or outside the EPO) to antagonise this injustice. The EPO spends a lot of money misleading the public so whistleblowers are needed. One reader told us yesterday: "thank you for tenaciously holding the EPO management to account. I don't necessarily see eye to eye with you on software patents, but I definitely agree with you on the state of the EPO."

No two people can agree on everything, but there are overlaps. It is also possible to work for the EPO (e.g. as an examiner) whilst also recognising the problems with the UPC. We strongly encourage readers to send us documents, pointers or any other material we should know about regarding the UPC. EPO management is understandably paranoid about UPC critics (it sees UPC critics even where there are none), as we stressed several times in the past.

Recent Techrights' Posts

Microsoft's Attack Dogs Have Failed. Now What?
It would be utterly foolish to assume that Microsoft has any intention of changing
All Your "Github Projects" Will be Gone One Day (Just Like Skype)
If you have code you wish to share and keep, then start learning how to do so on your own
Fedora Already Lost Its Soul Under IBM
Fedora used to be very strict compared to many other distros and it had attracted very bright volunteers
Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
 
Google News is Dying
treating MElon's algorithmic/biased site as a source of verified news
To Understand Who's Truly Controlling You Follow the Trail of Censorship (or Self-Censorship)
Do not let media steal and steer the narrative; CoCs are not about "social justice", they're about corporate domination
Microsoft is Still Attacking GNU/Linux and the Net
Microsoft bribed the government using money that did not even exist
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 17, 2025
IRC logs for Thursday, April 17, 2025
Gemini Links 18/04/2025: Pinephone Pro and Linux is too Easy
Links for the day
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day