Bonum Certa Men Certa

Will Battistelli's Friend/Ally Lucy Neville-Rolfe Shamelessly Attack British Democracy and Push for UPC in Spite of Brexit?

When loyalty (to one's powerful buddies) trumps logic and faithfulness to one's country

EPLIT
EPLIT: All about money. Everyone's money in their pockets.



Summary: EPLIT, the European Patent Litigators Association, wants a litigation-leaning (trigger-happy) UPC policy in spite of a referendum which puts that on hold if not kills it altogether

LAST month we wrote about Lucy Neville-Rolfe's remarks about the UPC. She doesn't seem to care what the British public wants. She actively works for the interests of the microcosm she associates with. Some call her "Baroness" and given the "Robber Baron" concept, this might be an apt title.



Patent lawyers are, in very general teams, making money from patent wars that target not other patent lawyers but producing companies, i.e. scientists and producers, who then require patent lawyers to "defend" them. Patent lawyers have no personal products/services/agenda at stake; to them it's like selling weapons to be funneled into a war in which they don't participate (as soldiers).

Shelston IP, an Australian law firm whose staff acts like software patents lobbyists these days [1, 2], wrote about the Patent Prosecution Highway (PPH) which we mentioned here before in relation to Australia, Colombia (with the EPO) and in past years in relation to the US/USPTO [1, 2, 3]. What's not to like when there's "prosecution" at stake? This is, in essence, what the UPC is about. The C stands for "Court" because it's presumed that litigation is both desirable and inevitable. That's an expensive 'product' which patent lawyers 'sell', so they want more of it.

Now that UPC is on the rocks, as even some UPC proponents openly admit, there are efforts to work around the situation (we covered some before and showed Battistelli's personal role in them). Here is the latest:

A couple of weeks ago the IPKat published a paper from Prof. Dr. Winfried Tilmann of Hogan Lovells outlining a mechanism by which a post-Brexit UK might still participate in the Unitary Patent and Unified Patent Court. Other minds have also been addressing this issue, and so the IPKat is again delighted to publish this piece, describing a quite different approach, received from Univ.-Prof. Dr. Thomas Jaeger, LL.M. of Universität Wien (that is University of Vienna to our anglophone readers).

The Brexit vote of June 23rd sent shockwaves throughout both the EU and the UK. Some take the vote as proof of Charles de Gaulle’s age-old observation, that Britain simply does not fit into the EU: “[L’Angleterre] a dans tout son travail des habitudes et des traditions très marquées, très originales. Bref, la nature, la structure qui sont propres à l'Angleterre diffèrent profondément de celle des continentaux.” Others see it as the death knell to the EU and / or the UK as we know them.

Whatever the point of view, one thing is for sure: should Britain overcome its abrupt total loss of political leadership and should someone emerge eventually who is willing to formally notify the European Council of the intention to leave subsequent to Art. 50 (2) TEU, that would be the end of the Unitary Patent Package as originally intended.


Some of the interesting bits emanate from the comments. One person wrote that: "Additionally, a new UP and UPC package guaranteeing that English is the only "true text" for Spain, could also bring the language-obsessed Spaniards onboard. It would still not be fully satisfactory for them, but at least for Spain, English would be established as the only legal language for these patents."

No, this is totally nonsense. Without English, UPC would be obsolete as many of the stakeholders would be from English-speaking countries or countries that don't understand French and German (barely anyone there speaks those languages). Even the patent trolls which UPC threatens to invite require English. So who would English be for? The Irish? With Brexit, the conflict over languages would only deepen and threaten to drive Italy back to the opposition. Spain would then have rivalry with Italy and the whole appeal of the UPC decline considerably.

"Today," wrote another person, "the European Patent Litigators Association (EPLIT) has urged UK government to ratify UPC Agreement as soon as possible" (direct link).

So the conspiracy of patent lawyers, or "Team UPC" as we habitually call it, is lobbying our government on UPC and guess who leads the charge? "EPLIT sent a letter to The Rt. Hon Baroness Lucy Neville-Rolfe," it says, "Minister for Intellectual Property. With this letter EPLIT urges the UK government to ratify the UPC Agreement as soon as possible."

Will Baroness Lucy Neville-Rolfe, the lapdog of Battistelli and his thugs, lead the charge for UPC in the UK or will she choose to respect the rule of law, common sense, and will of the people (not patent lawyers)?

The remainder of the comments seem to have come from UPC proponents. One of them says:

Sorry for the UK.


No need to be sorry. The UK doesn't need UPC. It was never a gift at all.

Anyway, somthing will have to be done for the UPC agreement as the UK is mentionned in the annex. Removing the London section will be a renegociation (without UK) that will be difficult because of the NL and IT who may want a section.


This would take years.

Watch this optimism which wrongly assumes that Theresa May, who hasn't a clue about patents (I spoke to her in length in the past and she doesn't even get technology), will rush to deal with the UPC as though it's the most urgent matter:

The U.K. will have a new PM by Wednesday apparently and she has stated that Brexit is Brexit. Hard to imagine that the UPC can sneak through parliament unnoticed (with summer recess almost upon us) and party conference time in September breaking it up further. Soon would only be possible in October I'd guess and by then Brexit may be up and running. Hard ball from some EU states may even risk the UK not being accepted for signing? Hasn't Cameron already been excluded from some EU summit sessions? I wouldn't be surprised if some states (looking at a court) might challenge it. The author's suggestion that minor reform may be the best (only?) option seems pragmatic and realistic.


There is no minor reform which is "pragmatic and realistic" if the UK (and thus London) leaves the EU. This is a patent lawyer's fantasy. Watch others who keep trying to bypass the law and push for UPC even before Brexit, as if the UPC is somehow beneficial to the UK (it's not, it's just for some lawyers in London and their huge clients from other countries). To quote the latest comment:



A minor reform of the UPCA seems indeed the best option to deal with a Brexit. However, it would serve all parties if the reform (and the negotiations that go with it) would take place after the system has been set in motion. This means, that it would also be beneficial for the UK to ratify now and to negotiate a UPC-exit alongside the Brexit negotiations. The advantages for all parties are: - the system can already start as planned (spring 2017) - the system can gain momentum in the coming years, while the UK is still in the EU (the new UK prime minister has indicated that Brexit should be done carefully, and thus slowly). - the UK will have the advantage of the London seat of the UPC - the UK will have the advantage that once the system is started they will be considered indispensible for the continuation of the system (they are already deemed to be indispensible before the system has started), which will improve their negotiation position.

This thus could be considered a win-win situation. Accordingly, I second the request of EPLIT to the UK government to ratify the UPCA.


Wanna bet this supporter of EPLIT is not actually a patent applicant/assignee but someone who profits from patent mess? UPC has been all about enabling a hijack of the whole system to the detriment of European SMEs (while hijacking their voices)?

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day