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

IBM: We Pay You to be Obedient or Deny You What You're Entitled to If You Don't Act Obediently
Good luck starting legal battles with a company that has almost as many lawyers (including aggressive patent lawyers) as it has geeks
Russian "Hybrid Attacks" Are Typically Microsoft TCO and/or Windows TCO (Total Cost of Ownership)
Information-related warfare relies a lot on computer systems
It Seems Like IBM is Firing 'Everybody' (Anywhere, Any Age, No Matter What Team)
Healthy companies would sack IBM's management (sacked by Board, bylaws etc.) but IBM is a sick company
Latest Stallman Talk (Event in Argentina) Published
Less than a day ago they released his talk
LLM Slop Becoming Rarer
Today we've found no LLM slop in our RSS feeds regarding "Linux"
 
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025
Google News is Google Noise
Google News is really hopeless, even on weekends
Links 13/12/2025: Jimmy Lai and Media Freedom on Trial, "OpenAI Researcher Quits, Saying Company Hiding the Truth"
Links for the day
Gemini Links 13/12/2025: Extensive Catchup With Gopherholes
Links for the day
Deliberate Lies or Glaring Distortions
Calling Torvalds anything "Soviet" or "Russian" would overlook the fact he comes from Finland and has Swedish roots
Canonical and Ubuntu: Working for Microsoft, Promoting Proprietary Surveillance (Dis)Services
Canonical started with a rich and overambitious Debian Developer. He wanted to become richer.
EPO People Power - Part XI - The Media in Europe is Ill and Complicit in Ills
We must all recognise that there's a problem here
Running With Technology
At least they always run Linux (all of them, since 2015)
Dealing With "Tech Cults"
If you think you identified a "Tech Cult", walk away
GAFAM is a Financial Problem and Sovereignty Risk, a Policy-Level (National Level) Boycott is Needed
Europe has plenty of skilled computer engineers
2026 Could Very Well be Last Year of XBox, Microsoft Dropped the Ball
It would be shocking is XBox can stage any kind of comeback
Links 13/12/2025: Social Control Media Bans and "Could Finland be Hiding a Blue Zone?"
Links for the day
Expecting Mass Layoffs, More Microsoft Workers Join Unions
they see tough times ahead
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 12, 2025
IRC logs for Friday, December 12, 2025
Links 12/12/2025: GAFAM Now Trying to Settle With Remaining News Sites It Plagiarised, "NATO's Rutte Says Alliance Is 'Russia's Next Target'"
Links for the day
Gemini Links 12/12/2025: Bad Joke, Western Union Blues, and More
Links for the day
Life Began at 40
This is what I wanted to do all along
To Linus Torvalds, the Microsoft Linux Foundation is Increasingly a Liability and Risk to the Brand
If Torvalds is no longer in control or "in charge", then somebody else is
EPO People Power - Part X - Together, We Can Fix the EPO
every call for action matters
IBM Layoffs in Europe as Well
IBM is a collapsing, dying old brand
EPO People Power - Part IX - Insiders Say the EPO's Chief Propagandist Effectively Ousted (on Fake 'Sick Leave') Because of Reporting by Techrights
So the EPO is in effect rewarding a cocaine addict
Litigation Transparency Until 2030 or 2031
The ultimate goal is to 1) improve the British legal system and 2) raise awareness of how this system works
Links 12/12/2025: Thunderbird Adds Proprietary Plug, "Catch-22 of Canadian Digital Sovereignty" Explained by Michael Geist (About GAFAM/US)
Links for the day
Developing Some New Software for the Sites
Sites that are static are in more control over their future and present direction
Julian Assange on Fake Activists in Silicon Valley
Julian Assange on Fake Activists in Silicon Valley
"In a modern economy it is impossible to seal oneself off from injustice."
― Julian Assange
EPO People Power - Part VIII - The Chipmunk on Cocaine, Now Deleting Videos
video has been removed
What If the Economy Isn't "Down" But Mostly Diverted? (While "AI" Fills a Gap for Capital That No Longer Exists in Tech)
"AI" is an "Arms Race", because they need to be bailed out by taxpayers' money
Techrights Site Search Was a Success After All
A few hiccups dealt with, ironed out
Valve's SteamOS, Microsoft Canonical's Ubuntu, and Other Platforms That Only Leverage Free Software (But Won't Protect It)
Ubuntu "took off" not because it was very good or very easy. Ubuntu "took off" because of ShipIt, i.e. because of a multi-millionaire subsidising its mass distribution (at a personal cost).
The Free Software Foundation (FSF) Paid Respect to Its Founder This Year, Now It Wants You to Join
We're glad to see the FSF paying respect to its founder in its Web site
2026 Guaranteed to Give Us Compromised Media Funded by "AI" Boosters to Promote "AI" and Sometimes be Composed by "AI" (Chatbots)
follow the money of the Ponzi scheme
Under IBM, Things Culminate at "AI-Equipped Customer Experience Transformation" at Red Hat
Whatever that even means
Andy Farnell and Helen Plews Now at the Wheel in Cybershow
Cybershow (Cyber|Show) has very good blog posts and episodes
Microsoft Trims More Jobs
The worst layoff year in 20 years, by the numbers
EPO People Power - Part VII - The Corporate Media and the Reference Sites (e.g. Wikipedia) Are Already Compromised and Complicit
Looking back at the whole thing, it's clear to me that Europe does not really have free press
EPO People Power - Part VI - Criticism Not Permitted, Media Subjected to Contempt by Cocaine Addicts Who Manage the Press for the EPO
Why won't any large publisher in Europe cover this? What does that say about the state of journalism in Europe?
"Smart" or "Intelligent" Agents and "Vibe Coding" Deletes Everything You Have
A high price to pay, no?
New Paper Shows That EPO "Growth" is Dictated From Above, Not Earned (More Monopolies Granted by Breaking Rules, Laws, Conventions)
"Targets for 2026 are currently being handed down to individuals."
EPO People Power - Part V - The European Media is Practically Dead When It Comes to Covering European Patent Office (EPO) Corruption
That sort of sums up where European media/press stands
Datacentre and Server Maintenance Next Week
The last time we rebooted into the latest stable kernel was 96 days ago
Afraid of Words, Not Afraid of Actions
Those corporations want us to bicker over words, not their actions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 11, 2025
IRC logs for Thursday, December 11, 2025
IBM Workers Still Blast IBM Management for Firing Loads of Workers While Overpaying to Buy Useless Companies
IBM's CEO is killing the cow
LLM Slop About Linux Still Seems Scarce
LLMs aren't dead, but metrics published online say that their usage is fast declining
Links 12/12/2025: Oracle Shares Collapse After Slop Bubble Inflated (Circular Funding/Financing One's Own 'Clients'), "Trials by Jury" in UK Considered
Links for the day
Gemini Links 12/12/2025: 'Kinetic Energy' and Browsing Geminispace With a GUI, TUI, or CLI Client
Links for the day