Bonum Certa Men Certa

Another New Book, This Time From Dr Luke McDonagh, Chronicles the Demise of the Unified Patent Court (UPC) Agreement

The media too realises that there's a (pitch)fork in it...

Brexit and UPC



Summary: Brexit and UPC are inherently incompatible and people in the legal profession know that nothing is going to change that, definitely not some words on a Web page (from Lucy Neville-Rolfe)

THE President of the EPO believes that for the sake of the UPC he can do pretty much whatever he wants (carte blanche) any time it pleases him. In a later article we are going to show what he did last week in Croatia. At the end of last month, after Battistelli had lobbied Lucy, a bizarre (impossible) nod was given to the UPC, leaving patent professionals confused and befuddled. It only increases uncertainty both for them and for their clients. A new WIPR survey, just published with the results, says that its "Readers don’t like UK decision on UPC Agreement". Bear in mind this is a London-based publication whose readers are mostly law firms in that area. To quote:

WIPR readers have not welcomed the UK’s recent decision to ratify the Unified Patent Court (UPC) Agreement.

On November 28, WIPR reported that UK Minister of State for Intellectual Property Baroness Neville-Rolfe announced that the UK will implement the unitary patent and UPC.

She said: “As the prime minister has said, for as long as we are members of the EU, the UK will continue to play a full and active role.”

Neville-Rolfe added that the new system will “provide an option for businesses that need to protect their inventions across Europe”.

However, she warned that the decision to proceed with ratification “should not be seen as pre-empting the UK’s objectives or position in the forthcoming negotiations with the EU”.

Answering our latest survey, on whether readers welcomed the decision, 63% did not, while 37% felt positive about the news.


When asked whether the UPC would be ratified, on various occasions including a UPC-centric event in the UK, most participants if not all of them said "no". We wrote about this at the time. One must remember that this is in fact the echo chamber admitting it. The UPC won't happen here. It's common sense. Morgan Lewis & Bockius LLP was acting as though it's actually likely to happen and said this on December 7th in a site for law firms. To quote:

Brexit will not affect granted, pending, or to-be-filed patent applications in the United Kingdom, whether they are filed directly in the United Kingdom or filed through the EPO and validated in the United Kingdom. Because the EPO is an international organization established by a multilateral treaty—the European Patent Convention—the EPO will still be able (notwithstanding the United Kingdom’s exit from the European Union) to obtain a patent in the United Kingdom through current procedures at the UK Intellectual Property Office by way of the EPO, directly or through the Patent Cooperation Treaty. In effect, the United Kingdom may have a status similar to that of Switzerland, Norway, and Turkey (which are not members of the European Union but are members of the European Patent Convention; validation of granted EPO patents in the United Kingdom would remain available to patent applicants).


Well, actually entertaining the possibility is most likely a waste of time. Nothing it going to change, especially now that the EPO is in a crisis and not many people will pursue this system, opting instead for national patent offices (NPOs). The UPC will fail because it's still/already dying, no matter all that lying from Battistelli and other chronic liars like Margot Fröhlinger. As IP Kat put it yesterday (not Bristows taking over the platform): "The Unified Patent Court (UPC) has been grabbing the headlines in recent weeks and it is easy to forget that the last six or so years have brought many major reforms to IP litigation in England and Wales."

Well, those latter issues, including those brought up in the article (corruption), are much more important. As for the UPC, see this 7-parts series below along with followups:



The UPC isn't coming to the UK and probably not to Europe (or EPO member states), either. The campaign of deception from Unitary Patent cronies, notably Team UPC, took a massive blow when the UK voted to leave the EU, separating London from that envisioned system they have been drooling over for about a decade.

Dr. Luke McDonagh, one of the critics of the latest move from Lucy (quoted a lot in the 7-parts series above), has said: "Law of #patents headline news in Law Society Gazette due to #Brexit..." (we have added the picture to the top)

McDonagh is a realist, unlike Team UPC, and separately he wrote that he has this new book on the subject. "Download free the first chapter of my new book on European #patent law & the #UPC #Brexit consequences," he wrote. There is also a book on the subject from Dr. Ingve Björn Stjerna.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails