Bonum Certa Men Certa

The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

In the pockets of the patent microcosm

Card in pocket



Summary: Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality

"PUBLIC SERVANTS" has become misnomer for EPO officials. Consider the EPO's Francesco Zaccà, whom we first mentioned in this leak about "Closer Contact with Major Applicants" (with special ties to Qualcomm and Ericsson in his case). Benjamin Henrion drew attention to this recent talk, showing even the patent troll Sisvel at this recent event, which included Zaccà.



From the page in question: "The panel chaired by Francisco Mingorance, IP Europe, stressed the importance of innovation protection as a growth factor. Pasquale Marasco, head of ICT Innovation Pole at Torino Wireless Foundation, highlighted the SME’s stakes and concerns, as Matteo Sabattini, Sisvel CTO, reinforced the message detailing Sisvel’s example. Francesco Zaccà, Director in ICT of EPO, echoed the keynote address and said that €«the main goal of the patent system is to protect innovation, to enable the innovation circle from protecting the invention, securing remuneration and re-investing in research. Yet, every challenge is a new opportunity for combining standards with open sources, and patents with protection€». His opening statement €«we are here to support innovation€» fired up the crowd."

"Francesco Zaccà, speaking for the EPO, is quoted or paraphrased as saying that every challenge is a new opportunity for combining standards with open sources, and patents with protection."Francesco Zaccà, speaking for the EPO, is quoted or paraphrased as saying that every challenge is a new opportunity for combining standards with open sources, and patents with protection. What an odd thing to say. This sure sounds like the FRAND loophole for software patents in Europe. Not good...

Francisco Mingorance, now in IP Europe, is a former software patents lobbyist from the Business Software Alliance (BSA), a Microsoft front group which spent years lobbying for software patents in Europe (FRAND was one loophole they attempted to interject). Mingorance now chairs a panel with Zaccà in it. His employer, IP Europe, is a front for the patent microcosm and Henrion describes them, based on their words, as "Accelerating the entry into force of the Unified Patent Court (UPC Agreement): more trolling powers http://www.iptalks.eu/"

"They're supposed to be focused on patent examination, not lobbying and lawmaking."Some people still act as though the UPC will become a reality. It probably never will. It's zombie legislation like ACTA, but the patent microcosm still wants us to believe there will be UPC after Brexit. It's that old self-fulfilling prophecy method and they really ought to just give it all up. Found via this tweet was a Team UPC blog post the UPC "post-Brexit" (it would probably have to be rewritten and renamed to have any chance at all).

Thomas F. Cotter, a law professor from the US, more recently referred to a "paper in the June 2016 issue of GRUR Int (pp. 513-30) titled Schadensersatz und Einheitspatentsystem: Rechtliche Grundlagen und Systematik des Schadensersatzanspruchs im künftigen Einheitspatentsystem ("Damages and Unitary Patent System: Legal Principles and Schematic of Damages Claims in the Future Unitary Patent System")."

According to him, this "article notes, among other things, that article 68(4) of the Agreement on a Unified Patent Court appears to permit a court to award the infringer's profits without evidence that the infringer knew or should have known of the patent (in contrast to German law). Towards the end of the article, the author also questions whether the Agreement contemplates anything comparable to the German practice of permitting a court to award damages in its free discretion (nach freier Ãœberzeugung) under article 287 of the German Civil Procedure Code (see my recent article on Patent Damages Heuristics at p.20 & n.76 for brief discussion). My one critique of the article is that it doesn't take account of the change made in the 17th and 18th drafts of the UPC Rules of Procedure, which in a departure from the 16th draft have eliminated the provision (article 118(2)) that would have allowed the court to award damages in lieu of injunctive relief (see discussion on this blog here). Overall, though, a good read."

"People who believe that the UPC will become a reality some very time soon are truly out of touch, much like Battistelli and his circle of 'loyals'."The patent microcosm (which dominates Team UPC) wants the UPC for more lawsuits, more/higher damages, and a generally litigious atmosphere that brings them more business. It's truly a shame that EPO staff, including Zaccà's colleagues, are openly promoting it at events (as Philpott did last year). What credibility will they have left? They're supposed to be focused on patent examination, not lobbying and lawmaking.

Found via this tweet was yet more promotion of the UPC, courtesy of Team UPC again. "Unitary Patent reforms are welcome, even though patent litigation in Europe has worked quite well" says the headline and Francisco Moreno, a critic of the UPC, uses the hashtags #UPCbelievers and #PrayForTheUPC (sarcasm) in relation to what Tufty Sylvestris wrote about the above: "Another Remainer disappointed about the effect of #Brexit on the UPC, but still hopeful (or in denial)."

People who believe that the UPC will become a reality some very time soon are truly out of touch, much like Battistelli and his circle of 'loyals'. Maybe they too should quit embarrassing themselves and work on fixing the EPO. Pushing towards software patents in Europe (directly or indirectly) is just about the dumbest thing they can do.

Recent Techrights' Posts

Julian Assange’s Brother Gabriel Shipton Explains the Logistics of 'Smuggling' Julian Out of the United Kingdom
a lot of new information and prison stories
[Video] Why Wikileaks Publishing War-Related Documents Was Both Important and Justified
It's important to remember the principle which says privacy is for the powerless, whereas the powerful (like those with the power to kill) deserve not privacy but transparency
[Meme] Attacking the "G" in GNOME (Since 2009) Was a Mistake
Spending 50,000 pounds to sue women of racial minority
Difficult Times in GNOME Foundation
GNOME Foundation is in "crisis management" or "face-saving" or "damage control" mode
 
Links 13/07/2024: Patent Trolls in UK Court of Appeal, Eric Schmidt Continues so Show Womanising at Google
Links for the day
Links 13/07/2024: Not Quite Dead Yet After All and Unfederated E-mail
Links for the day
Holly Million, GNOME Foundation departure after Albanian whistleblower revelations
Reprinted with permission from Daniel Pocock
[Meme] Like They Got Rid of Molly (and Now Holly)
Pay over 100,000 dollars a year for someone without any background in tech (to "lead" a tech project)
Microsoft Windows Falls to Almost 10% in Palestine (It Was Measured at 100% Just 15 Years Ago)
quite a big drop
Guardianship of the Licence is Not Enough (the Case of Systemd and Microsoft)
Whether the GPL gets enforced or not, if people adopt lousy software, that will have negative consequences
Speaking Out and Spreading the Message of GNU
Free Software Foundation (FSF) got 112 new members since 2.5 weeks ago
3.5 Years in Gemini
It's important to speak about and spread the word (about software freedom, BSD, GNU/Linux, patents etc.) in a medium that's strategic and growing
[Meme] Whoever in GNOME Decided to Attack the G (GNU), It Was a Foolish Miscalculation
How could they expect any outcome other than GNOME's own collapse?
Windows Down to Unprecedented Low in Czech Republic, Android Rises to New Record
From 98% in July 2009 (15 years ago) Windows is down to all-time low of 38% and well below Android
GNOME Foundation Lost Nearly a Million Dollars in 2 Years, IBM and GAFAM Won't Bail It Out Anymore
Seems like a suicide mission
Google News Has Become a Big Pile of Garbage
The issue predates chatbots, but these SEO tricks were accelerated somewhat by slop
OpenAI and ChatGPT Could Very Well Collapse and Shut Down Later This Year (Huge Losses, Sagging Usage Levels, and Massive Debt)
we illuminate the suppressed observations that Microsoft-sponsored publishers and cheaply-made slop (LLM spew disguised as "news") try to distract from
Links 13/07/2024: TikTok Interferences, YouTube Throttled in Russia
Links for the day
Kathy Lette on Julian Assange Staying at Her Attic, Why His Release Matters So Much, and Jen Robinson Staying Over Yesterday
They talk a lot about politics, but the segment mentions publishers, including Rushdie
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 12, 2024
IRC logs for Friday, July 12, 2024
Microsoft Windows Down to a New Low in Canada (Only a Third)
Very steep decline a decade ago
Links 12/07/2024: EU/China Tensions and Ukraine War Updates
Links for the day
EPO Staff Reps: "Until now, Mr Campinos is still leaving the appellants in the dark about the exact content of the opinion of the Appeals Committee on the EPO salary adjustment procedure."
Campinos chooses to lawyer up rather than listen up
EPO Staff Representatives Say It Has Gotten Very Hard to Get Promoted (Forget About Getting Rewarded for Hard Work)
This has long been a problem
[Meme] That Time EPO Workers Were Panicking Because the Elevators Kept Getting Stuck
Many people forgot that
Occupational Health, Safety and Ergonomics Committee (LOHSEC) at the European Patent Office (EPO)
nobody in EPO management ever gets punished for crimes, no matter how severe
[Video] Julian Assange's Brother Gabriel Shipton on How the Convoy to the Airport Was Arranged, Being at the Beach With Julian Assange After Release (He's Doing Well), and How Taylor Swift Has 'Helped' Julian
At the airport he was greeted by many press crews, but they were not there for him. They were there because of Taylor Swift.
[Meme] Financial Disinformation From Chatbots Controlled by the Manipulator (Rigger)
ChatGPT, the media is starting to say you're all hype...
Microsoft is Actually Quite Worthless, Its Valuation is Based on Lies and Consistently Defrauding Shareholders
Microsoft's future is not what Wall Street "tells" us
Links 12/07/2024: Nations That Already Ban TikTok and Russia's 'Shadow War' Online
Links for the day
Gemini Links 12/07/2024: Changing and the WIPO Lunacy
Links for the day
Let's Encrypt Continues to Collapse in Geminispace and That's Good News for Free Speech (Among Other Things)
due to the way modern Web browsers work, many sites have no option but to use Let's Encrypt or pay for some other CA to issue some worthless-but-glorified bytes
Microsoft Falls Below 20% in Montenegro - Plunging to All-Time Low
sharp drop
[Meme] The Free Speech Absolutist From Apartheid South Africa
What will it take for all sensible people to quit X/Twitter?
The Final Demise of Social Control Media May be Upon Us (It Ought to be Collectively Abandoned for Society's Sake)
If it keeps going down, prospects of a turnaround or rebound are slim
Linux is Displacing Microsoft and Replacing Windows in Germany (Android Surge and New Highs for ChromeOS+GNU/Linux in Germany)
Germany is upgrading to GNU/Linux, not to latest Windows
The Latest NDAA Amendment Can (or Should) Allow the United States to Remove Microsoft Even Faster From Its Infrastructure (Which Routinely Gets Cracked Completely by Russia and China, Thanks to Microsoft)
It's time to move!
Reorganising for Better Efficiency and More Publication (Original Material)
XBox "journalism" these days is mostly slop (chatbot spew disguised as news), so studying this matter isn't easy
Software Freedom is Still the FSF
At the moment the best advocacy group for Software Freedom is the FSF
Links 12/07/2024: XBox in Trouble, Crackdowns in UAE
Links for the day
Gemini Links 12/07/2024: Make Tea Not War, Considering Guix
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 11, 2024
IRC logs for Thursday, July 11, 2024
Links 11/07/2024: Intuit Layoffs, Companies Keep Bricking Products
Links for the day
Gemini Links 11/07/2024: Switch to a Dumbphone and Development Frustrations
Links for the day
Starting in 5 Minutes: Stella Assange on the Latest...
We might update this page with a WebM copy (local) if there is something important
The Race to GNU/Linux in Moldova
12 years ago Microsoft was still measured at 99%
EPO: Special Permission Needed to be Ill or Care for the Ill When Issuing Monopolies to Foreign Corporations is a Paramount Priority
It's 'production' 'production' 'production'!
[Meme] A Special Patent Office, the EPO
"I have no death certificate yet"
Links 11/07/2024: Internet Phone Book and Intense Mind Control/Censorship by Social Control Media
Links for the day
Andreas Tille, Chris Lamb & Debian sexism, not listening to real female developers
Reprinted with permission from Daniel Pocock
GNU/Linux Expanding in Russia, But Not Exactly Invading the Market
Russian spies work at Microsoft
[Meme] GPL is Still an Alien Concept to the Boardroom of IBM
stomp all over copyleft while blackmailing the FSF into inaction
ChromeOS and GNU/Linux Also Leapfrog and Surpass Apple in Kenya
ChromeOS is at about 1% there, so 6% total (more than Apple)
[Meme] Pay Cash, Avoid Hidden Fees
Cashless society means a less free society
5 Weeks Have Passed Since the Edward Brocklesby (ejb) Scandal or 'Gate' Started. Debian Has Not Yet Responded in Any Way Whatsoever (to Quell Concerns/Fears).
still an ongoing series
The Media Cannot Use the B Word (Bribe) Anymore?
That might "offend" Microsoft
99 More to Go (in 9 Days)
Unless the FSF extends the 'cutoff' date as it usually does
Microsoft Windows in Bulgaria: From 99% to Barely a Quarter
Only 15 years ago it seemed like Windows had cemented its 'lead'
[Meme] Changing How We Think of Patents
they're only about serving and protecting powerful people
Our Most Productive Summer Since We Started (2006)
We have over 10,000 lines of written notes and drafts
Compare WIPO to ADR Forum
it is "rude" not to hire lawyers
[Meme] GPL Circumvention by IBM (Red Hat)
"GPL? All mine!"
GNU/Linux and ChromeOS in Costa Rica: Over 4% Now
Desktop (or Laptop) & Tablet & Mobile combined would be about 50% "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 10, 2024
IRC logs for Wednesday, July 10, 2024
Links 11/07/2024: Space Programs, Education, and Mass Layoffs
Links for the day
Fellowship indexing pages by person
Reprinted with permission from the Free Software Fellowship
US State Department admitted General Hugh S. Johnson went off-topic, Andreas Tille called for punishments
Reprinted with permission from Daniel Pocock
Gemini Links 11/07/2024: Shifting Interests and It's All Books Now
Links for the day