Bonum Certa Men Certa

New Survey Shows That Even Patent Professionals Know That Team UPC is Lying About Unitary Patent Roadmaps

Team UPC is fooling/successfully misleading almost nobody but is still lying to everyone, finds/infers a new WIPR survey

Dave Croston in Financial Director
One example of plenty more fake news about the UPC (e.g. [1, 2, 3]), courtesy of those who stand to profit from legal Armageddon



Summary: The "Unified Patent Court (UPC) is unlikely to become operational by December 2017 [according to] nearly three-quarters of WIPR readers," but Team UPC continues to spread lies

JUST earlier this month WIPR published the results of a survey about the UPC, which emboldened us and reinforced our predictions. See our post titled "New WIPR Survey and Other Data Points Suggest That the Unitary Patent (UPC) is Dead, at Least in the UK".



“...it's time MPs talked about it, understood it and explained it - too important not to be publicly scrutinised...”
      --David Brooke
I spoke to someone from WIPR today (David Brooke). He said that he would "hardly think any MPs know what the upc is - pro or anti Brexit. not even sure carswell does either..."

"It's not simple to explain," I told him, and he agreed, adding that "it's time MPs talked about it, understood it and explained it - too important not to be publicly scrutinised..."

Max Walters‏, another frequent writer on the matter (not a patent practitioner, but one with profound understanding of the subject) weighed in and said: "They know that it can involve the CJEU. For some that should be enough..."

He also said: "How can it be ratified without a vote?"

“They know that it can involve the CJEU. For some that should be enough...”
      --Max Walters‏
"The concern is," I explained, "people who vote might know nothing about it except what CIPA (front group) says [...] that it's good for SMEs yada yada..." (that's a famous lie about the UPC).

Walters‏ then asked: "Didn't the IP Bill also give the sec of state power to ratify?"

FFII is currently trying to figure out the process and we are speaking with them about it.

Days ago Walters‏ wrote (adding a screenshot): "Still no MPs declaring support for Douglas Carswell's anti #UPC motion. Have to say I'm somewhat surprised by this..."

"They try to disseminate mere belief (false belief) that the UPC is unstoppable (just a matter of time), inevitable (a question of when, not if), and even desirable.""Not surprising given that they're not aware of what #upc does," I told him, "how patent law works, and #cipa lies to them..."

We still have some time to explain this to them. In a new survey, just published at the end of February, it is made abundantly apparent that WIPR's audience -- probably patent professionals in the UK for the most part -- is agreeing with what surveys previously showed. People in the profession don't swallow all the lies of Team UPC, which is just lying through its teeth with fake news in order to bamboozle politicians into a Unitary Patent hop. They try to disseminate mere belief (false belief) that the UPC is unstoppable (just a matter of time), inevitable (a question of when, not if), and even desirable. Here is what the new survey says:

The Unified Patent Court (UPC) is unlikely to become operational by December 2017, as predicted, according to nearly three-quarters of WIPR readers.

In January, WIPR reported that the UPC preparatory committee announced that the court can become operational in December this year.

And one reader said: “I have confidence that the UPC will be operational in December but uncertainties related to Brexit diminish its use.”

But most readers weren’t quite as optimistic. One major spanner in the works, they said, is Brexit.

UK Prime Minister Theresa May’s Brexit speech in January sparked concerns that the UK may seek to leave the UPC after Brexit.

“We do not seek to hold on to bits of membership as we leave,” said May, setting out a 12-step plan that the UK government will use for negotiating Brexit terms.


A question less loaded would not presume that it's just a matter of time. It might never happen at all. Most WIPR readers previously said so.

"A question less loaded would not presume that it's just a matter of time. It might never happen at all. Most WIPR readers previously said so."What does Team UPC do and say in the mean time? Have a look at Bristows with its villainous lobbying blog. It says "The Unified Patent Court is still on track to open in December 2017."

That's a lie. But keep repeating it, Bristows, and maybe some gullible politicians will actually believe you. Bristows is a truly nasty firm and anyone seeking an honest advice from them would be well advised to avoid.

"Imagine what would happen if we empowered and equipped large (often foreign) firms with injunctions Europe-wide."The only thing the UPC would bring to Europe (and the UK, if it ever miraculously passes and pervades) is patent trolls, more patent litigation, higher damages, and more patent injunctions. The London-based IAM would certainly love it; it even got paid to promote the UPC!

Imagine what would happen if we empowered and equipped large (often foreign) firms with injunctions Europe-wide. Imagine no more!

There are patent raids in Europe and IAM seems rather thrilled about it [1, 2]. The Mobile World Congress was supposed to be all fun and showcases (a couple of days ago), but instead there are raids to come. IAM wrote: "Barcelona court orders seizure of phones at Mobile World Congress over possible infringement of Fractus patent. [...] Phones were being displayed at the event by French and Chinese companies. Fractus applied for the order last week."

"It's not hard to see who such a system is desirable to as SMEs rarely operate in more than one nation anyway."That's a case of "I steal all your phones, because I allege you infringe some patents (in a rush, hardly a chance for defense!)."

Laws for the rich and powerful? That's UPC. And the above new story is a cautionary tale. Imagine what patent trolls would do with such powers; one ruling in one European city would be applicable not just in the EU but also beyond! It's not hard to see who such a system is desirable to as SMEs rarely operate in more than one nation anyway.

Recent Techrights' Posts

Dalai Lama Succession as Evidence That Determined, Motivated People Can Reach Their Nineties
And we need to quit talking about their death all the time
Many Lawyers (for Microsoft) and 1,316 Pages to Pick on a Litigant in Person Who Exposed Serious Microsoft Abuses
Answers must be given
Layoffs and Shutdowns at IBM, Not Just Microsoft
Same as Microsoft
With Workers Back From a Holiday Weekend, Microsoft Layoffs Carry on, More Waves to Come
Now it's Monday and people are bad to work, even some journalists
You Need Not Wave a Rainbow Flag This Month to Basically Oppose Arseholes Looking to Disrupt and Divide the Community
Don't fall for it
What Miguel de Icaza and Microsoft Lunduke Have in Common
Similar aims, different methods
The 'Corporate Neckbeard' is Not the "Good Guy"
Works for IBM
 
More on "Lunduke is Actually Sending His Audience to Attack People"
"pepe the frogs"
Links 08/07/2025: Sabotage of Networking Infrastructure, Microsoft XBox Game Pass Deemed “Unsustainable”
Links for the day
Gemini Links 08/07/2025: Ancillary Justice and Small Web July
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 07, 2025
IRC logs for Monday, July 07, 2025
The FSF's (Free Software Foundation, Inc.) 2025 Summer Fundraiser Already Past Halfway Line
This is where GNU/Linux actually started
Mozilla Had No Good Reason to Outsource Firefox Development to Microsoft
What does Mozilla plan to do when GitHub shuts down?
Mozilla Firefox Did Not Die, It Got Killed
To me it'll always look like Mozilla got killed by its sponsors, especially Google, which had a conflict of interest as a sponsor
Dan Neidle, Whom Brett Wilson LLP SLAPPed (on Behalf of Corrupt Rich Tax Evaders), Still Fighting the Good Fight
Neidle fights for the poor people
Wayland Should Start by Dumping Its Very Ugly Logo
Wayland wins the "ugliest logo" award every year
Stop Focusing on Hair Colours, Focus on Corporate Agenda
If someone commits a crime, it does not matter if his or her hair was mostly white or there was no hair or a wig or whatever
Links 07/07/2025: Science, Conflicts, and a Fictional K-pop Group
Links for the day
Gemini Links 07/07/2025: Being a Luddite and Announcement of Gotify
Links for the day
Links 07/07/2025: XBox Effectively 'Dead', DMCA Subpoena Versus Registrar
Links for the day
The Nasty Smear (and Stereotype) of "Neckbeard" or "Greybeard" is Ageism
This is the sort of stuff they might try to volley at critics of Wayland
Why Many of Us Use X Server and Will Continue to Use It For Many Years to Come
Don't make this about politics
Microsoft's Nat Friedman Became Unemployed the Same Time the SLAPPs Against Techrights Started Coming From His Friends (Weeks After We Had Exposed Scandals About Him and the Serial Strangler, His Best Friend, Who Got Arrested a Few Days Later)
Nat Friedman is not "Investor, entrepreneur"
Brett Wilson LLP Uses Threats to Demand Changes to Pages or Removal of Pages Without Even Revealing Which Staff Member Does That (Sometimes People From Another Firm!)
This has been in the public for years
Dan Neidle Said "It Really Then Became a Job of Tormenting" Lawyers Like Brett Wilson LLP (Who Threatened Him for Exposing Crimes, Just Like They Threatened My Wife a Few Months Later)
he and his wife decided to take on the evil people and their evil lawyers
Large Language Models (LLMs) Externalise Their Cost to the Free Software Foundation (FSF)
"The forty-sixth Free Software Bulletin is now available online!"
Weeding Out Extremism in Our Community
To me it seems like Microsoft Lunduke is rapidly becoming like a "hate preacher" who operates online, breeding an extremist ideology or trying to soften its image
Censorship Versus Fact-Checking and Quality Control
It's not censorship but a matter of quality control
Reinforcing the Allegations Some More, Bryan Lunduke Digs His Own Grave
In his latest episodes he merely repeats his own lies, which I debunked using evidence right from his own mouth
Global Warming and Free Software as a Force of Mitigation
we'll need to think about Software Freedom, not just brands like "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 06, 2025
IRC logs for Sunday, July 06, 2025
Gemini Links 07/07/2025: BaseLibre Numerical System and TUI Rant
Links for the day
[Video] "Copyleft Isn't a Bug."
"Copyleft isn’t a bug. It’s a feature. GNU GPL forced the world to treat code like a public good."
Being in Social Control Media Means Exposing Oneself to Heckling
Richard Stallman does not (either himself or directly) post to any social control media
Links 06/07/2025: Airlines Perils, Scams, and Breaches
Links for the day
Two Risks to Companies: The Microsoft Culture and the Microsoft Tools
Novell was killed by a form of "social engineering" by Microsoft
It's Hard to Trust People Who Worked - Not Only Those Who Still Work - at Microsoft
Bryan Lunduke is just what people would call an "arsehole of a person"
For the Second Time, Bryan Lunduke From Microsoft is Siccing Racist Trolls and Vandals at Me
You're only reinforcing the point we made yesterday
Links 06/07/2025: End to End Encryption at Risk, Reuters Twitter ("X") Account Withheld in India
Links for the day
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.