Bonum Certa Men Certa

Will the Patent Microcosm of London Please Stop Misleading the Public About UPC?

Remember where UPC money and support come from (Battistelli and his PR agency)

IAM events



Summary: Response to some British blogs that want us to believe that the UPC is about to come true, even in the face of very obvious barriers and facts that are not convenient to Team Battistelli and Team UPC

THE EPO is not alone in lying about the UPC. Team UPC helps with that and all of them do so for personal gain, not because the UPC would be desirable to Europe.



Joff Wild's wild and loaded latest headline ("As the UK moves closer to UPC ratification, there could be a litigation spurt at the new regime's birth") wants us to forget that the UK simply cannot ratify the UPC. We have already explained this in the following series of recent posts:



Wild, being an habitual Battistelli mouthpiece and UPC pusher (the EPO even supported Wild's pro-UPC events), now repeats Bristows' talking points, first in Twitter and then in a "blog" that says:

The UK’s ratification of the Unified Patent Court agreement moved one step closer yesterday with the confirmation that it had signed the UPC’s Protocol on Privileges and Immunities. This provides EU privileges and immunities to the court’s judges in those countries hosting divisions of the court and signing it was a necessary step on the path to the UK’s full membership of the system.


What a misleading pile of rubbish. This does not change anything when it comes to tackling the main barrier, which is Brexit. And without London there is no UPC, either.

Responding to the latest from Team UPC ("Bristows UPC" to be precise), we have some new public comments that remind Team UPC to get off its high horse. Bristows' site is pretty much dead (maybe a few visitors per week, not even much activity), so like a parasite it's now preying on a host, IP Kat. A lot of the pro-UPC talking points get posted there by Bristows staff and the responses are more or less the same. IP Kat readers are not gullible enough. As the first comment put it:



This is so unreal! How can they ratify an agreement that depends on EU membership??? Would the EY really go ahead with spending money on this stillborn part of the UPC? What do they think they are doing???


UPC is dead here and Bristows refuses to accept it, having invested much time and money on UPC propaganda, marketing (not the same thing, includes a rebrand), etc. Here is the next comment:



My guess is that no one actually read the UPC article in detail and that therefore no decision maker is really aware of Art. 20 and Art. 21 of the UPC agreement. We should not forget that politicians often are no lawyers and get a lot of knowledge via Powerpoint from their staffers who might be general lawyers but no IP experts.

At least this is my explanation for what is going on.

My second theory is that Italy was heavily lobbying that the seat of the court is going to Milan rather than London and the UK government felt that it is necessary to stop this at least for the time being by indicating that they will ratify.



One person says in this comment that Lucy did what she did "so as not to block the UPC for other EU member states. Since the UK will be out of the EU, it does not really care what the other EU states get up to and if they want their UPC system, let them have it."

Another person explained it like this:

To me, it would appear to be a tactical exercise in frustration, something that successive UK governments have been very good at ever since the UK became a member of the EU - pre-23/06/2016 : we want in, but we don't really want to play in the same schoolyard as everyone else - post-23/06 : now we want out, and we'll be damned if anyone else is going to grab the main venue court (glares at Italy and Germany alike) and take it away from London until we've hammered out "the best deal possible" for the rest of the exit proceedings. It thus gives the UK government another iron to put in the fire and keep warm while both the EU and UK (ir)responsible ministers bluster about principled positions. Sometimes cynicism really is the mother of all diplomacy. It really all makes perfect sense.


In reality, what Lucy did is likely to further delay things and put the whole system in a deadlock which is contingent upon Brexit. This, in part, is why the UPC won't be going anywhere any time soon. Another comment on the topic said:



Well, it looks like there was some truth in the well-informed rumours that I heard: http://ipkitten.blogspot.co.uk/2016/12/will-uk-industry-suffer-from.html?showComment=1481284766354#c8489500711255308227

What you make of this will, I guess, depend upon which side of the UPC fence that you sit.

With the UK legal profession being the principal beneficiary of the move to ratify, I guess that the government decided that it may as well benefit from the extra tax revenue that will come its way from the bumper profits that will be generated by UK lawyers. Set against that, the (very obvious) disadvantages for "industry" probably looked a bit less concrete.

It's just a shame that the system has now been set up so that no one in their right mind (or at least no one who wants patent protection in the UK) will seek to obtain unitary patents... which, coupled with all of the opt-outs that will be filed, could make the workload of the UPC very light indeed!


Team UPC is not sober. It's drunk on Kool-Aid. If it's not deliberately lying (the self-fulfilling prophecy method), then we should worry about the mental state of people who wish to inherit and dominate Europe's legal/juridical system for handling of patents.

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024