Bonum Certa Men Certa

Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

Related: Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

Brian Cordery Photo credit: Managing IP



Summary: Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC

THE EPO's management isn't alone; some people do in fact stand to benefit from its so-called 'reforms', notably Team UPC. But only if the UPC ever becomes a reality, which seems far-fetched a concept. They try to make it desirable and inevitable, but it's anything but.



"IP Kat does censor comments, but apparently not as zealously as Kluwer."Bristows, a core part of Team UPC in the UK, is exploiting external blogs for marketing, as almost nobody reads (or even knows about) its own blog. They're doing this not just in IP Kat (two more puff pieces from the Bristows lobbyist there yesterday and another one this morning, with pro-trolls bias) but also in Kluwer, which doesn't seem to mind poor track record of the messengers (they may also be falsifying quotes). Brian Cordery (Bristows) published something in Kluwer some days ago and it didn't go too well, especially if commenters are not denied a voice. In IP Kat, for example, whenever there is an article promoting the UPC we find that almost every single comment refutes it. IP Kat does censor comments, but apparently not as zealously as Kluwer.

"Have you seen the discussion in the comment section here," one reader asked us, pointing to this puff piece which boils down to amplifying Team Battistelli. "Very remarkable," our reader called it. Here is the key part from this echo chamber, which excluded critical voices as usual:

The second session looked at the topic of Brexit and IP. Margot Fröhlinger, the Principal Director of Patent Law and Multilateral Affairs, spoke first. She addressed the state of implementation of the Agreement. 12 have ratified so far but not Germany and the UK. Both however are on track – according to the latest reports. Turning to the impact of Brexit, Margot noted that most commentators had initially assumed Brexit was the death knell for the UK’s participation in the UPC and possibly for the whole project. Over time, these views had softened but it was still a surprise when the UKIPO announced on 28 November 2016 that the UK was going to proceed with ratification. Nevertheless this was seen as very positive news by proponents of the system. Margot considered that the UK’s participation could be secured if there was sufficient political will, given the marginal influence of the CJEU in the UPC regime. Moreover in the unlikely event that the UK left the system, arrangements will be put in place to ensure that participants are not prejudiced. Margot felt that the system would be impoverished without the UK judges and practitioners. Panellist Joel Smith thought that there was political will for the UK participation but it was just one of many pieces in a very complicated puzzle. Panellist Trevor Cook wondered if we may end up with the UPC system applying in the UK but not unitary patents. Judge Klaus Grabinski thought that all options remained on the table and Margot Fröhlinger pointed to Denmark’s involvement in the Brussels Regulation as a precedent.


The 'fun' part starts in the comments, which help highlight -- however difficult these things tend to be -- that there is suppression in the comments.

Read the first comment:

UPC and the Brexit

Declaring that the influence of the CJEU in the UPC regime will be marginal is quite daring and has more to do with wishful thinking than a robust analysis of the situation.

That a lot of stakeholders, especially UK law firms, would like UK to stay in the UPC is understandable but does not make it more likely.

In any case, it is a bare minimum to consider that arrangements will be put in place to ensure that participants are not prejudiced should UK leave the UPC. The contrary would be astonishing.

Overall, it is nevertheless doubtful that that UK will stay in the UPC after Brexit. If this would be the case, it would mean that EPLA is revived in a different form. It is anything but sure and certain that the CJEU would agree on this. Ever heard of Opinion 1/09? It makes it even more strange to decide upfront about the marginal influence of the CJEU….

I hope that this post will be published, contrary to my earlier one. In the contrary I would like to be told the reasons for non-publication. If only nice things can be said in a blog, then it is not a blog....


So Bristows, a key lobbyist for the UPC, not only lies about the UPC but also engages in censorship of UPC critics. "Having had two comments blocked," as the above person points out, means that it's no accident. Here is another comment:

Having had two comments blocked, I take it for acquired that any comment slightly critical of the UPC and hence not corresponding to the interests of Brystows is not to be published in this blog.

I find this appalling. A blog is there to confront points of view, not to exclusively express a positive opinion on the UPC and/or considering a post-Brexit participation of UK in the UPC highly likely.

Even IPKat accepts dissenting opinions.

I am therefore not agreeing with Techrights that IPKat has been taken over by Brystows. I am even of the opinion that often Techrights deserves the cause it wants to help in being apodictic and extreme in its view.

Should I not get a reply giving me the reasons as to why my comments were blocked, I will make the matter public.


In our defense, in the context of the UPC, we view ourself as counterpropaganda, or the voice that helps counter the propaganda, without being propaganda on its own. The only thing we have at stake is fear of patent trolls, which UPC would make possible here.

The above commenter continues, later adding:

The above comment was not to made public at once. I want a detailed reply first.



That's when "Kluwer Blogger" weighed in to say:

The author would like to point out that he was just reporting the views of those expressed by the speakers at the conference. Personally, he feels that where there is a political will, a way will be found. Though he recognises that there is a long road ahead.


As a reminder, this is who leads this echo chamber, based on a screenshot taken 3 days ago:

Bristows and Microsoft



Here is another person complaining about censorship:

Daniel Thomas laments that his postings were “blocked”. I sympathise with him. But readers will be aware that blocking is sometimes appropriate. For example, if you follow the lively Patently-O blog (or the Comments threads on the UK newspaper The Guardian), you will know that some posters are offensive and so it is appropriate to “block” their offensive outpourings.

Of course, it is a difficult judgement, what has to be “blocked”. Me, I cannot imagine Daniel Thomas ever being offensive. In my experience he is an exceedingly courteous man.

Daniel, the blockings on Patently-O are done by a computer and often for me inexplicable. Perhaps something like that happened here, with your non-appearing postings?



The best comment we've found mentions the impact on IP Kat as well:

Please note that, unfortunately, this “blog” is primarily not an academic playground, but rather a marketing tool for Kluwer and their authors, trying to push public opinion in a way suiting their needs. Another example for such tool is the above mentioned IPkat blog after Jeremy’s departure.

As a consequence, it should not come as too much of a surprise that comments expressing a view contradicting that of Kluwer et al are swept under the blanket. For instance, they have long abandoned publishing critical voices on the UPC as it would be required for an open debate and instead prefer presenting their exclusive narrative on how things stand and where they go. Of course, usually this has not much to do with reality which allows certain deductions to be made as regards the UPC project as a whole if it can only be kept alive based on skewed perspectives and the input of obviously biased individuals, apparently having to be protected from an open discussion.

From an academic standpoint and the perspective of free speech, this is a rather depressing situation, but clearly it is the path Kluwer et al have chosen to follow. We will see if this comment makes it to publication or whether it will be suppressed as many others. In the latter case, there will at least be a screenshot confirming that it has been successfully submitted.



For the record, here in Techrights we have 33,894 comments. We never in our entire history censored even one comment. Not even extremely rude ones!

"IP Kat used similar excuses as well. They censored me several times -- to the point where I complained to the blog's founder and altogether stopped commenting there."Bristows are, as always, utterly terrible liars and the more they do this shameful suppression of speech, the more eager we are to expose what they're up and stop them. Brian Cordery and his colleagues long ago abandoned facts; all they care about is money. Cordery concluded the thread with: "The author reiterates that all non-derogatory comments will be published and apologises for any delay caused due to his travel schedule."

Well, there was probably nothing derogatory in them (nobody can see to verify); that's just a typical excuse after removing 'unwanted' comments. IP Kat used similar excuses as well. They censored me several times -- to the point where I complained to the blog's founder and altogether stopped commenting there.

"Proverbs are always platitudes until you have personally experienced the truth of them."

--Aldous Huxley

Recent Techrights' Posts

Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
 
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026