Bonum Certa Men Certa

Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

When even UPC proponents admit that the UPC (in its present form) may be dead in the water...

Bernhard Rapkay
Photo credit: Official Web page of Bernhard Rapkay



Summary: Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)

TODAY it's Friday. Monday will be the 27th of the month, i.e. just two days before Article 50. Must be pretty depressing a time for UPC hopefuls... did all of their lobbying fail? Did they sacrifice what was left of their reputation in vain? The supposed 'expectation' of ratification on the 7th of March was a long time ago (false prediction, as usual) and we don't expect anything to happen by the end of this month. Fallback dates are meaningless if nothing concrete has changed; in this particular case, things only got worse (read on for details).



"The supposed 'expectation' of ratification on the 7th of March was a long time ago (false prediction, as usual) and we don't expect anything to happen by the end of this month."With just 5 days left for Team UPC to lobby (even fewer weekdays that are working days), they are growing visibly irritated if not stressed. They have attempted to lie, spread fake news (or at best distortions), and shame politicians in an effort to bamboozle Jo Johnson into a Unitary Patent sellout, which defies the very fundamental interpretation of the law, taking into account Article 50.

Monika Ermert, writing for Intellectual Property Watch last night, caught the gossip about what Rapkay (German politician with the Social Democratic Party of Germany) had said and published this short piece, from which we quote the non-EPO/Battistelli part (totally aloof and disconnected from the reality):

Bernhard Rapkay, former rapporteur for the legislative package for the community patent, was highly sceptical.

The German Parliament on 10 March passed the ratification documents, and Rapkay said he does not expect a much longer delay there, despite some reports over a lack of a quorum for the middle of the night decision. But he was wary of the Brexit government in the UK. Slawomir Tokarski, director of Innovation and Advanced Manufacturing in the European Commission’s Directorate General Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), said that ratifications have to be in by 29 May, otherwise it would be too late to finalise the process this year.


We spotted that earlier than the above as well, but there was no formal article about it. The UPC is a great sham that would give Europe nothing but patent trolls, lots of injunctions, and software patents (as the EPO seems ever so eager to grant them in spite of the rules). Nobody, not even patent examiners, should be interested in the UPC. Maybe a tiny portion of the population (less than a thousandth of Europe) would benefit from it.

"The UPC is a great sham that would give Europe nothing but patent trolls, lots of injunctions, and software patents (as the EPO seems ever so eager to grant them in spite of the rules)."Prior to the report from Ermert we caught this tweet which said: "Quote from today's hearing on the Unitary Patent, Committee on Legal Affairs, EP (http://bit.ly/2nGfe19 ) #upc #unitarypatent"

This, in turn, quoted another person: "Bernhard Rapkay, ex MEP and rapporteur on unitary #patent: "unfortunately I hold no great hope that the UK will ratify" #Brexit"

So there he goes. Honest person, for a change.

"Fortunately," he should have said, not "unfortunately."

Nobody in Europe really wants this monster. It's no more benign than ACTA and the TPP were.

"Nobody in Europe really wants this monster. It's no more benign than ACTA and the TPP were."UPC hopefuls try to look elsewhere, clawing or grasping at more positive visions, like Battistelli's and the EPO's delusional lies. Christopher Weber, whose views on the UPC are not necessarily all that positive (relatively apathetic), wrote a series of tweets to say [1, 2, 3]: "Former EU MP Rapkay very skeptic re. #UK ratification based on his years of experience w/ #UK reluctance wrt #ECJ [...] Battistelli replied that he believes in what the #UK government stated on ratification of #UPC [...] EU Parliament committee remains optimistic that #UPC will start soon."

Which committee would that be? One that's a bunch of moles, as a result of entryism by Team UPC and its lobbyists/facilitators?

Speaking of moles and lobbyists, Manuel Rey-Alvite Villar from Bristows vindicates us by proving we were right all along about Spain [1, 2]. All that fake news from Bristows (even published in the weekend!), including some about Spain, was all in vain. By Manuel's own admission [1, 2], the Spanish government continues to reject the UPC. Mind the responses from Francisco Moreno, who includes citations and says [1, 2, 3]: "With the rules of procedure already adopted, what influence could have ES judges/representatives? So French judges would be able to influence the development of the CJEU (but not Spanish ones, as we joined the EU in 1986) [...] My understanding is that ES nationals who are European Patent Attorneys could qualify as representatives [...]"

They would be, bluntly speaking, just moles like Team UPC, which is stacking the deck (or panels) in an effort to accomplish the unthinkable and the outrageous.

"UPC hopefuls try to look elsewhere, clawing or grasping at more positive visions, like Battistelli's and the EPO's delusional lies."Bristows wrote: "The minutes of the debate record that Ms Moraleja noted that she was initially inclined to support joining the system, but changed her mind after learning more about the background of the project and discussions with stakeholders. Most of the concerns she expressed are language considerations. It is PP’s view that the system discriminates against the Spanish language, and therefore benefits foreign companies. The MP noted that Spanish is an official working language of WIPO and the EUIPO, and that it is a strategic priority for Spain to defend the use of Spanish in European institutions and, more broadly, its position as a language of technology."

Nonsense! Spain should defend its language and it should also defend its SMEs from the UPC, as it's not just a matter of language (requiring interpreters, who are typically expensive). The whole thing is a coup of patent law firms and their richest clients.

We are still seeing loaded questions which wrongly assume that the UPC is inevitable, e.g. this one: "Which country will get the the third central #UPC court? Can the UK still get it after #Brexit?"

Maybe no country will get any courts. Dr. Ingve Björn Stjerna wrote a paper about it earlier this year.

"Spain should defend its language and it should also defend its SMEs from the UPC, as it's not just a matter of language (requiring interpreters, who are typically expensive)."Bristows was not (as one might expect) alone in 'damage control' over Spain. Other outposts of Team UPC begrudgingly admit that all the lobbying in Spain (and fake news which was an integral part of the lobby) was in vain. To quote Team UPC itself: "Spain will not join the Unitary Patent system. That became clear today during a session of the Spanish parliament. Earlier this month, the parliamentary committee for economics, industry and competitiveness had approved a motion of the socialist party PSOE, requesting the government to reconsider joining the system. Only the Popular Party, which runs the minority government in Spain, voted against the motion."

It was never really anything to begin with, but it was taken out of context by Team UPC and EPO mouthpieces like IAM. It's rather clear by now that Team UPC was playing mental games earlier this month, basically lobbying at truth's expense, not only in Spain but also in Germany and Britain. Only a fool would still trust anything that Bristows says. They're not just the patent microcosm but core people of Team UPC, having been lobbying Spain with loaded statements, false headlines and so forth.

What good is a lawyer that lies for a living? It might be comforting for a day or two (maybe a week), but bad advice leads to pricier consequences. Guess who foots the legal bills?

"There is still time for Europeans to sign the UPC petition, which now has 133 signatures, including 24 from CEOs."Here again is Manuel Rey-Alvite Villar from Bristows, stating: "I find it unrealistic that Spain remains out indefinitely, missing the formative years means no ES input in key case law and decision making..."

Well, get out of your Bristows bubble or echo chamber. It ain't happening, but UPC events have been so thoroughly stuffed by the "choir" that nobody dares yell out that the emperor is naked. The UPC is a sham. In reply to the above, Benjamin Henrion wrote: "UPC will be a paradise for trolls, better stay away."

Moreover, the "UK should use Brexit as an opportunity to avoid Software Patents," noted a person who opposes software patents, knowing what the true implications of UPC would be (it's against SMEs, not for SMEs). There is still time for Europeans to sign the UPC petition, which now has 133 signatures, including 24 from CEOs.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024