Bonum Certa Men Certa

New Paper About the UPC Explains Why It is Bad for Small- and Medium-sized European Businesses

Dr. Ingve Björn Stjerna's latest paper

Ingve paper



Summary: A detailed academic analysis of the Unitary (or Unified) Patent Court reveals/concludes/asserts that it is being marketed or promoted using a misleading premise and promise

“Unitary patent” and court system – A poisoned gift for SMEs is the title of a new paper from Dr. Ingve Björn Stjerna, whom we mentioned here before because he closely studied the UPC for a long time (even before it was known as "UPC"). Based on the paper's PDF (permission granted for us to host a copy), there is a big gap between truth/reality and promotional claims (advertising). The SMEs are often being exploited by proponents of the UPC, who sort of 'hijack' the voice and SMEs and claim to speak on their behalf when they say that the UPC would better serve SMEs, not large corporations that often come from outside Europe.



Dr. Ingve Björn StjernaAs the paper states in relation to Europe, "SME are by far the largest employers, their problems are always the problems of their employees and thus of a large number of European citizens. For this reason alone, this matter deserves a broad discussion in the national Parliaments of the affected EU member states. Of the 25 member states having signed the UPCA, so far nine have ratified – of 13 necessary for its entry into force –, 16 ratifications are still open. Insofar, any interested citizen should bring the matter to the attention of the MEP competent for his/her constituency and demand that, prior to its ratification, a broad Parliamentary discussion on pros and cons of the “patent package” should be held. If it is to enter into force in the present form, especially SMEs will have to live with it, this will usually not be to their advantage."

We already wrote several posts here on why the UPC has nothing to offer to European SMEs and should thus be rejected. There are no pros that we can see, only cons. It's a con. When patent lawyers and their media assert that UPC would serve SMEs one needs to stop and wonder what kind of clients they have (maybe potential patent trolls or their victims).

To quote the abstract of the paper:

On 16 February 2016, the German Ministry of Justice and Consumer Protection presented two pieces of draft legislation for the ratification of the international Agreement on the Unified Patent Court. After the fees for the “unitary patent” have been fixed and a proposal for the court fees and the limits of reimbursable representation costs at the Unified Patent Court has been provided, the political promise that the new system would support small and medium-sized enterprises (SMEs) can be judged against the realities. It does not come as a surprise that it is not being fulfilled. Most recently, even the European Commission declared that cost risk would be so significant that SMEs required an insurance to cover it, while admitting at the same time that currently no such insurance is available. An overview on desire and reality as to the costs of the “unitary patent” and the Unified Patent Court.


In the face of EPO lobbying for the UPC (even a month ago in the UK) it is important for European citizens to speak out and to help stop the UPC, which is an unprecedented injustice much like TTIP and TPP. It's not at all for the interests of European; au contraire.

Recent Techrights' Posts

The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
 
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025