Bonum Certa Men Certa

Jo Johnson: UPC Agreement is “Currently Only Open to EU Member States” (i.e. Britain Cannot Join or Ratify)

But rumours say he might try to ratify in a rush, without a proper debate, just before Article 50 is invoked (either this coming week or by month's end)

Jo Johnson



Summary: Even the person whom many inside the echo chamber of Team UPC believe will ratify the UPC admits that it's a European Union-type treaty (agreement), which therefore cannot co-exist with Britain's intent to exit the Union (and potentially crack/split the United Kingdom too)

THE EPO has not been saying much about the UPC recently; they too probably realised that they need to keep it under the radar because the more people out there find out, the greater the backlash will be. But even British politicians are starting to find out what's going on, in part because we inform them, one way or another. We have some plans for next week and we expect many more signatures to land on this petition. The UPC still faces many legal barriers here and I'll probably make some phonecalls on Monday (e.g. to political parties). We can definitely end the UPC for good (at least in the UK) by this month's end.



"We can definitely end the UPC for good (at least in the UK) by this month's end.""The #UPC #Brexit discussion heating up again," one person wrote the other day. "1 half of #IP community: "everything is in order". Other half: "How is this even happening?""

Maybe half of them still believe Team UPC. Based on a recent survey, most patent professionals don't believe Team UPC, which likes to mislead everyone with rosy predictions and baseless forecasts.

The "British political journalists are beginning to pick up on the UPC and Brexit," IAM warned the other day (after it had done a lot of pro-UPC propaganda). "This is good from @IanDunt," it said, citing an article we remarked on a few days ago.

"Even Jo Johnson, who is supposed to grok such things (but is probably too young and inexperienced to grasp it all), suddenly realises that the UPC is untenable. "Ian Dunt said "Nowhere near enough of you are reading my article about patents & Brexit. Do you understand the pain I went through?"

Covering patent-related issues and reading (while comprehending) is not easy. We chose to cover a very 'niche' topic here in Techrights because it is a very important and often under-appreciated/neglected topic. There are some comments on this tweet from Russell Barton‏. As we already noted the other day (as did others), Dunt hadn't gotten all the facts right. But it's not easy, to be fair to him, as British politics, EU politics, and patent laws intersect in truly complex ways. Even Jo Johnson, who is supposed to grok such things (but is probably too young and inexperienced to grasp it all), suddenly realises that the UPC is untenable.

After IP Kat had done some weird things -- like relaying of Bristows' UPC agenda -- this new comment (from yesterday) says:

Am I to conclude that the Kat has lost its tongue on the UPC?

My previous enquiry on this point (http://ipkitten.blogspot.co.uk/2016/12/mini-upc-update-uk-signs-protocol-on.html?showComment=1486978703716#c3870820495469588050) elicited no response.

Now it appears that there has been further discussion of the UPC in the media. http://www.politics.co.uk/blogs/2017/02/28/patent-law-theresa-may-s-new-brexit-battlefield

Jo Johnson has also formally admitted that the UPC Agreement is "currently only open to EU member states". http://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?house=commons%2Clords&max=20&member=1527&page=1&questiontype=AllQuestions

Maybe I can accept that none of this is "big" news in the IP world. However, I am struck by the curious lack of commentary (both here and in the "mainstream" media, even including rabidly pro-Brexit papers such as the Daily Mail) on issues raised by the UPC, such as how on earth the UK can stay in the UPC... or even how the UPC can be made to function, post-Brexit.

I have heard some hand-waving bluster from various individuals on this point, but nothing whatsoever in the way of serious, reasoned and robust analysis. With the UK seemingly intent on signing up to a venture that will lead us all into the unknown (and potentially on a very bumpy ride for patentees and interested 3rd parties), I find the lack of analysis on this point very troubling indeed.

Not being someone who is prone to believe in conspiracies, I would like to think that there is no self-censorship going on at IPKat on this issue. But it would be nice to have some evidence to support this belief.


Give it up, Johnson. The UPC is not compatible with Brexit and trying to 'hack' or work around the law would simply discredit the whole ludicrous concept of "taking back control" or obeying the law. ⬆

Recent Techrights' Posts

Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
 
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026