Bonum Certa Men Certa

British Site 'Managing IP' Continues to Organise UPC Lobbying Events to Promote the Unitary Patent in the UK, Isle of Man, Maybe Even Ireland and Beyond

At relatively short notice, Managing IP helps Battistelli promote the UPC in the UK (by incredible coincidence while he makes a surprise visit to Jo Johnson)

Managing IP and Battistelli
Follow the money, and be prepared to pay €£995 + VAT to enter another short pro-UPC event (unless you are in the patent microcosm, in which case you can "attend the Forum completely free of charge.")



Summary: The latest echo chamber, misleadingly titled "International Patent Forum 2017" and scheduled or set to overlap heavy lobbying by Team UPC and Team Battistelli, serves to create even more confusion and almost breed consent for the UPC, even though it is neither possible nor desirable in post-Brexit Britain

THE previous post reminded readers that EPO budget travels a long way in promotion of UPC -- to the point of sort of bribing the media to play along and set up pro-UPC events, perhaps even produce these habitual UPC puff pieces. Is this what EPO stakeholders, who are paying this money, prefer to see it spent (wasted) on? Corrupting European media to play along with Battistelli, which only 0% of stakeholders tolerate anyway? The US patent system looks like an ethical angel compared to the EPO.

Not too long ago we wrote about Managing IP organising pro-UPC events with stacked panels [1, 2, 3, 4, 5]. All those fake news articles on the subject are apparently not enough [1, 2, 3, 4, 5] and as scheduled, coinciding with Battistelli's surprise lobbying trip to the UK (last week), Managing IP does it again! Shame on Managing IP, who are not even good at hiding their motivations and intentions.

Who was at this event? The UPC echo chamber, of course. To quote Managing IP's account: "Here's @EIP_Elements asking a tricky question about #upc at #patentforum2017 The answer involved the Isle of Man! pic.twitter.com/DL4pXjN1Bd"

"Shame on Managing IP, who are not even good at hiding their motivations and intentions."Guess who weighed in? Bristows, the enemy of British interests and democracy. "Hello," they wrote, "thanks for your tweet. IoM will be part of unitary patent territory despite not being in the EU - @dominic_adair"

"Isle of Man is not part of the EU," Benjamin Henrion told them, and "UPC is only open to EU member states..."

But never mind facts. The UPC echo chamber is just there to googlebomb the whole Web with misinformation and self-serving propaganda. Battistelli supplies a lot of money for this propaganda and he wants to get his (actually, EPO stakeholders') money's worth.

Obviously, as an outsider might expect, the event was so full of too much one-sided 'information' that quoting anything from it would only do harm (without detailed rebuttals). Facts are not convenient to them, but lobbyists try to just make up the law and spread fake news to that effect. That fake news is music to their ears. Garbage in, garbage out.

"Facts are not convenient to them, but lobbyists try to just make up the law and spread fake news to that effect."Here is Managing IP stating: "Us #upc more of a risk or an opportunity? Interesting responses from #patentforum2017 panel moderated by David Barron of @GowlingWLGIPUK"

Where are the opposers to UPC? Oh, that's right, they were not invited. And even if they managed to put together a lot of money to actually attend (it's expensive, about a thousand pounds!), they would receive no speaking position. Opposition is not allowed. It's a lobbying event and its target audience is British officials and other members of Team UPC, who already drink the Kool-Aid and wish to share it with others.

This, in our view, represents not just lobbying but institutional corruption if not collusion between parties that look to gain behind closed doors, not because it's acceptable but because they're allowed to get away with it. We suppose that Team UPC and CIPA feel greatly empowered in the EPO's presence, as though they almost inherit the same immunity and impunity Battistelli gloats and brags about.

Dr. Luke McDonagh, a scholar who has repeatedly explained why Brexit and UPC cannot coexist, said that "[f]or all those who love/hate referendums - Irish voters will have to vote on the #UnifiedPatentCourt http://www.newstalk.com/reader/47.301.343/92546/0/#.WL1t0DtgkwE.twitter … #patents"

That's something that we in the UK never had. Now, see the comment in there (Twitter), about "posters" in Ireland....

The cited article is actually news from a month ago. "Action against the Unitary Patent will be needed in Ireland," Henrion wrote. "going for a referendum on it..."

Commenting on the tweet from McDonagh, one firm wrote: "Establishment of a Unified Patent Court would be "the more complicated part of the reform", IP manager of Enterprise Ireland points out..."

"Where are the opposers to UPC? Oh, that's right, they were not invited. And even if they managed to put together a lot of money to actually attend (it's expensive, about a thousand pounds!), they would receive no speaking position."Ian Dunt, a journalist who had spoken to McDonagh for quite some length of time before producing an article on the subject, was told that "The UPC is beyond the reach of the national legislator and courts..."

Another person said that "It's not just a normal EU regulation. It's #EnhancedCooperation. You can't have that outside."

Sadly, a lot of people in the UK don't grasp patents and the UPC. "Scientists for EU", for example, wrongly/erroneously chose to view opposition to the UPC as some kind of UKIP thing (maybe because of the source of some articles about it).

To quote: "Brexiteer and tabloid extremists try to sabotage UK jobs, growth and innovation by attacking EU patent system..."

Actually, I was against Brexit and still am. At the same time I am against the UPC. It's nothing to do with Brexit and people's stance on the UPC unhypocritically applies irrespective of one's view on the status of Britain in the EU (or outside the EU). Fools who equates UPC to "UK jobs, growth and innovation" are dangerous fools or useful idiots, who possibly read some EPO-funded puff pieces about the UPC. We have no other explanation for that. Maybe some of them even read something which came out of the staged lobbying event of Managing IP. Remember this older article of ours (from last week), The Very Thought of UPC in the UK “is a Perfect Example of What Lobbying Can Achieve!”

Thankfully, "Scientists for EU" has already received quite a few dissenting responses. Promotions of the UPC using patently false claims are not tolerated, but one person wrote: "All those researchers and industries wanting to be part of a unitary patent system to protect us. Bah! Typical know-all experts."

"Sadly, a lot of people in the UK don't grasp patents and the UPC.""UPC means EU-wide software patents, and trolls that goes with it," Henrion explained, "tell me that it is good, when you loose your job because of trolls." (separate tweet)

Some people seem to have gotten the point: "Thanks for that. So outside of EU protection we are more open to trolls?"

Well, it means software patents and more. As or Henrion put it, "as long as EPO grants them, you are still open to trolls."

Quoting from another thread, one person pointed out that the "plant varieties & Biotech can go to ECJ but see http://ipkitten.blogspot.co.uk/2016/12/epo-bows-to-eu-commission-on.html?m=1 … The Epo want a common interpretation so ECJ matters anyway..."

Henrion added, "especially when EPO is not strictly and legally bound to it."

ECJ being involved serves to remind us again that Brexit and the UPC simply cannot coexist, and patent maximalism at Battistelli's EPO threatens to intrude EU member states. Who would want that except patent lawyers and large clients like international pharmaceutical giants, lovers of broad and harsh injunctions?

"Actually, I was against Brexit and still am. At the same time I am against the UPC. It's nothing to do with Brexit and people's stance on the UPC unhypocritically applies irrespective of one's view on the status of Britain in the EU (or outside the EU)."Going back to the original thread, people quickly realise that they got fooled on the UPC. A UPC sceptic asked: "So does leaving EU make any benefit or harm?"

When it comes to patents, it is a benefit because it makes the UK more attractive as a safe haven from something like the UPC (if something similar ever becomes a reality outside the UK).

"I am not an expert in this," Henrion humbly responded, "but Unitary Patent is special beast."

Yes, when it comes to patents, especially now that the EPO is out of control (patent quality, brain drain [1, 2, 3, 4, 5, 6], human rights violations etc.) and barely hires any Brits anyway, the UK is better off outside. But don't expect Battistelli's lobbying events to include any discussion whatsoever about this. Not while he is lobbying Mr. Johnson.

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