Bonum Certa Men Certa

Battistelli and Team UPC Working Behind Closed Doors to Overcome Brexit and Impose Patent Injustice

A shipwreck of UPC



Summary: Continuing a tradition of secrecy and dodgy negotiations among prospective beneficiaries, the UPC gets debated in Munich by Battistelli and Team UPC (mostly patent law firms), yielding nothing but lies and no meaningful press coverage

LAST month and earlier this month we published about half a dozen articles about the collapse of the UPC post-Brexit (see the EPO Wiki for details). It is a real problem for the UPC and this problem has become increasingly accepted even among law firms. For instance, citing Henschel's article which we mentioned the other day, Benjamin Henrion says [1, 2] that "EU Patent Law will be Germanized without the UK "UPC judge were being accepted till 4 July, but UK judge applicants may now be excluded"" (Team UPC advertised jobs that did not exist and will probably never exist, which says a lot about Team UPC and its utter lack of ethics).



Henrion noted that "the UPC has too many problems." Other than the problem that the UPC is an attack on democracy itself, there are technical problems with implementation now, especially due to Brexit. This was foreseen by many UPC critics other than Henrion and even the EPO admitted this last month. "Brexit Threatens Legal Uncertainty, Higher Costs For Trademarks, Lawyers Say," according to IP Watch, but asking lawyers about costs is like asking weapons manufacturers about war and peace (this article is behind a paywall by the way). There are a couple of new articles about the EPO right now, but both are in German [1, 2] (translations would be desirable) and the latter is about Brexit. In many ways the UPC is dead, but Battistelli will try to save this 'baby' of his. The latest lies from the EPO (warning: epo.org link, linked to from the EPO's Twitter account) say that there is "strong support for Unitary Patent package," but as Henrion correctly told them, "when you ask the patent community, that's like preaching your own church!" (they have only asked Team UPC behind closed doors)

"Other than the problem that the UPC is an attack on democracy itself, there are technical problems with implementation now, especially due to Brexit."The UPC certainly enjoys support from the self-serving collusion that created it in the first place or at least came up with the plan. Why is it that epo.org basically became a Battistelli propaganda site rather than something scientific? What will companies think? Small companies all across Europe do not like the UPC. Does the EPO care about them at all? Based on this article from Team UPC, Margot Fröhlinger said that none of the available users and companies expressed reticence to continue with unitary patent package. "Whatever they decide," to quote directly, "the UPC will go ahead. The baseline of this conference could easily have been: where there is will, there is a way."

But whose will? Team UPC is a bunch of predators, they don't represent the interests of Europe. Max Brunner (Ministry of Justice – France) is quoted as saying: “The project is good for business. Therefore we have to carry on.”

But the "UPC is harmful," noted Henrion. SMEs in Europe speak out against it, having caught up with the facts. Team UPC is basically, yet again, misrepresenting Europe and European businesses. Glyn Moody said that the UPC "good for business means bad for the public here: more monopolies, more price-gouging" (at Europeans' expense).

Moreno, another UPC critic, quoted Kluwer Patent Blog (part of or a wing of Team UPC) as saying "The UK now has to take certain political decisions. Whatever they decide, the UPC will go ahead" (sounds rather vain and assertive).

Watch who promoted this "Munich Conference" and the Kluwer Patent Blog post. And over at Patent WatchTroll's blog there's a Bird & Bird column about "Brexit Implications" (Kluwer Patent Blog is connected to Bird & Bird, which is a core part of Team UPC). Proponents of software patents in Europe like Bastian Best go further by promoting this London seminar and saying: "This could be an interesting seminar "Patent Protection for Software-Related Inventions in Europe & USA"" (in other word, promotion of software patents in spite of the EPC).

"In the case of UPC, as one might expect, it's a bunch of patent law firms that write 'the laws' behind closed doors (no transcripts published) and then ask politicians to ratify or rubberstamp these."Perhaps the interesting thing will be the composition of attendants at this London seminar. Judging by this tweet posted several days ago ("Post #Brexit #UPC conference at #EPO in #Munich tomorrow http://bit.ly/29y0AAT @EIPLegal’s Rob Lundie Smith attending – look for updates"), Battistelli too was there ("#UP #UPC conference update - #Battistelli provides personal view of #brexit on #UPC - either UK ratifies or UPC delay until UK leaves EU"). Well, Battistelli will have left by then (it can take 2.5 years) and the EPO is currently in a state of crisis (of Battistelli's own making). The UPC as it was envisioned is dead/dying, but UPC fantasies persist and its creators carry on as if nothing happened ("#UP #UPC Conference: Dr Carsten Zulch: technically qualified judges means bifurcation under UPC only sensible in limited circumstances...")

"EU laws [are] written by large corps," Henrion noted, "wonder why people vote for Brexit. Especially when spectrum could be freed instead."

"When there are no written transcripts of what Member of European Parliament says in committee," he added, "don't be surprised people vote for #brexit [...] 15 years ago I requested written transcripts of the discussions in committees of the European Parliament, we are still nowhere" (source)

In the case of UPC, as one might expect, it's a bunch of patent law firms that write 'the laws' behind closed doors (no transcripts published) and then ask politicians to ratify or rubberstamp these. Remember that the Chair UPC select committee is part of the collusion to override law in Europe and this tweet from the conference said "#UP #UPC Conference: Chair UPC select committee - UK could still ratify and post Brexit politicians may or may not find way to keep UK in..." (all speculative).

"Given length of time Brexit could take, this seems an increasingly plausible scenario," MIP wrote about it.

"We saw the same lack of coverage surrounding the TTIP and TPP in past years; this relied on secrecy and at times on collusion.""No UPC critics are speaking there," Henrion noted, linking to this page. This conspiracy of self-enrichment by patent lawyers and their big clients requires that public stay sout, unaware and totally uninvolved. These people are just trying to ram UPC down our politicians' throats and the more the public knows about it, the worse it will get for Team UPC. "UK preparations for #UPC ratification are finished," wrote Patently German. "Ratification, however, will be decision of the new PM expected to take office in Sept" (they have much more pressing issues to deal with other than UPC).

As usual, all these secretive meetings were not covered by the media. There was a bunch of lies about it in the EPO's site and Team UPC blogs. Battistelli, at the expense of the EPO, is buying 'articles' in European 'media', sometimes 'articles' or puff pieces in favour of the UPC (some of his 'media partners' did this last year and this year). What a disgrace this is. We saw the same lack of coverage surrounding the TTIP and TPP in past years; this relied on secrecy and at times on collusion.

Recent Techrights' Posts

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
 
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day