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

Manuel Estrada Sainz (ranty), Andres Garcia (ErConde) & Debian Deaths overworking
Reprinted with permission from Daniel Pocock
GNU/Linux Rising to 8% of Desktops/Laptops in Jordan?
what statCounter shows
[Meme] If Iraq Launches an Investigation Into How Microsoft Bought OpenAI Without Paying for It
fake "money" from Microsoft
Windows Has Fallen to 13% Market Share in Iraq (It was 100% Just 15 Years Ago), GNU/Linux Rose Sharply in Recent Years
In recent years Iraq was developing its own GNU/Linux distro
Springtime is Next, Here's What We Plan for March and April
This month and next month we expect to publish something unique about EPO abuses every day
Studying the Freedom of firefox-123.0.tar.bz2
The "F" in Firefox
Abraham Raji, Jens Schmalzing & debian-private cover-ups after deaths, accidents, suicides
Reprinted with permission from Daniel Pocock
Microsoft Bribes, Keeping Regulators at Bay
crime and corruption
[Meme] The Quotas Came From Above
EPO targets
EPO Talent Planning & Architecture is Another Attack on EPO Staff and the Central Staff Committee (CSC) Explains Why
ignore the flowery words
[Meme] Just Following Orders From "The Fu**ing President" António Campinos
Salary? OBEY!
Links 21/02/2024: China Working on West-less Tech Future, More Bounties on Patent Troll Leigh M. Rothschild (Which IBM et al Failed to Dismantle at the Root)
Links for the day
Links 21/02/2024: Encryption Backdoors Deemed Not Legal, Decentralised Web Under Attack
Links for the day
Games:Steam Audio as Free Software, Hazard Pay, ChipWits, and More
7 stories for today
Julian Assange, Wikileaks & Debian-private
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 20, 2024
IRC logs for Tuesday, February 20, 2024
Links 21/02/2024: Microsoft Sued for Monopolistic Policies, More Layoffs Planned for Next Month
Links for the day
Gemini Links 20/02/2024: Time Management System and Communications
Links for the day
Techrights' Statement on Julian Assange Verdict (February 20th, 2024) - Updated Throughout the Day
Techrights observes today's disturbing attempts to extradite a journalist for committing acts of journalism
Links 20/02/2024: More GAFAM Layoffs, Assange Missing From His Trial for Heath Reasons (the UK's Own 'Navalny Treatment')
Links for the day
[Meme] But the Boss Said...
"The illegal we do immediately. The unconstitutional takes a little longer."
An EPC-Violating Patent Granting Process: Unlawful Orders, According to the Central Staff Committee of the European Patent Office (EPO)
One can hope there's another strike (work stoppage) planned
In Cuba, Windows Dips to 'Market Share' of 16.8% and GNU/Linux Keeps Growing (Now ~6% of Desktops and Laptops)
it's harder for Microsoft to push Cubans around
[Meme] Code of Conduct (CoC): Too Much Power in the Wrong Hands
Might makes right?
[Video] For Software Freedom Avoid Free Bait
do not take any of this for granted
[Video] Trouble at Mozilla Means Trouble for Firefox and for the Web
The era of the open Web is ending
[Video] Microsoft Layoffs: It's Worse Than the Media Makes It Seem
Microsoft's fraudulent accounting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 19, 2024
IRC logs for Monday, February 19, 2024
Gemini Links 20/02/2024: Kids Cannot Write, Misfin-Server, and More
Links for the day
[Meme] Not Only XBox is Failing at Microsoft (There's a Comprehensive Cover-up)
A lot of stuff at Microsoft has been a failure
[Video] Invalid European Patents and Invalid (Kangaroo) Courts: It All Comes Together, Enriching the Already-Rich Monopolists by Systemically Flawed Design, and Moreover in Defiance of Constitutions
If the EPO makes more money by granting more European monopolies (mostly to non-Europeans), does it mean politicians should celebrate it?
Why Microsoft is Promoting/Hyping Up XBox Vapourware (Hardware That Does Not Even Exist) and 'Store' (or Titles) Instead of Physical Products
most operations/units at Microsoft shrink or lose money
GNU/Linux in Egypt: From 0.1% to 6% in 15 Years
United Kingdom is about 4.1 times smaller than Egypt
Links 19/02/2024: Microsoft Reportedly Set to Cut Even More Jobs, Air Strikes in Yemen Continue
Links for the day
Sexually Harassing and Intimidating Women, Then Sending "Final Warning" to Silence Them by Further Intimidation
Attacking women, blackmailing hosts, and falsely presenting (or misrepresenting) laws
Claire M. Connelly, Melissa O'Neill & Debian relationship rumors
Reprinted with permission from Daniel Pocock
Links 19/02/2024: Terrorists in Twitter and Julian Assange Verdict Imminent
Links for the day
Gemini Links 19/02/2024: NNCP, Rust, and More
Links for the day
The Cyber|Show: Inscrutable (Proprietary) Systems - British Post Office - Part 2
modern day software complexity
WIPO UDRP Decision 2022-1524 explained
Reprinted with permission from Daniel Pocock
Perjury: Axel Beckert (ETH Zurich) & Debian lying and scapegoating
In the next snippets of Debian vendetta-by-lawyer, we are going to pick out the examples of perjury
[Meme] All Quiet On The Munich Front
On patent fodder
Freeloading Patent Monopolies in Europe (Typically Granted to Non-European Corporations) While the 'EPO Mafia' is "Frontloading"
lowering quality of examination
IRC Proceedings: Sunday, February 18, 2024
IRC logs for Sunday, February 18, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Almost 1,000 Microsoft Layoffs in California This Year, According to Official Pages Tied to Worker Adjustment and Retraining Notification (WARN) Act
a look at raw data