Bonum Certa Men Certa

A Massive Proponent of UPC, CIPA, Enters IP Kat, as Readers Call Out Stacked UPC 'Panels'

The blog of Jeremy Phillips seems to have become more like a think tank after his retirement

Stephen Jones of CIPASummary: On matters of patents, IP Kat continues moving to the right (patent maximalism, acceptance of Battistelli's regime, UPC bubble and so on) and commentary to the contrary is not being accepted

THE previous post spoke of the latest censorship by the 'Kats', who rarely if ever write something truthful or objective about the UPC. It often seems like the blog became an EPO megaphone after the EPO had threatened/sanctioned it. It's very important that people out there can discern/recognise UPC boosters (sometimes paid for it) as they tend to dominate the discussion. They use their money or their 'weight' to set up bogus forums (at times funded by EPO money) and infiltrate the media. James Nurton from Managing IP, for example, having spoken to Battistelli several times and also helped organise pro-UPC events, continues to prop up the illusion/delusion of UPC inevitability. "Patent practitioners will soon be using the UPC case management system," he wrote.

Bull****.

"Judging by the comments, Jeremy Phillips is aware of this and appears to have no problem with this."We are sad to see that statements such as these -- the wishful thinking of Team UPC -- continue to percolate onto sites which proclaim to be "news" sites. Even so-called 'blogs' have turned into little beyond marketing. Kluwer Patent Blog has begun publishing some criticisms of the EPO (usually from Thorsten Bausch, who is a brave man), whereas IP Kat gets more extreme over time. Adding to the toxicity from Bristow, IP Kat now takes even people from CIPA (another massive booster of the UPC). It won't end well. Stephen Jones has just been introduced as "current VP of the Chartered Institute of Patent Attorneys (CIPA)." These are the people who lobby our politicians hardest for the UPC, often misleading them, pressuring them, and lying to journalists. We could think of expletives to add to this paragraph, but to keep it polite, CIPA is perhaps the worst messenger on this topic -- even worse than Bristows!

So we know what to expect. Judging by the comments, Jeremy Phillips is aware of this and appears to have no problem with this. It's worth noting that Darren Smyth is leaving the blog after exploiting that blog for his own UPC agenda (marketing).

Thankfully, people in the comments are not exactly tolerating the bias. The other day someone wrote that it's "amazing to see how wishful thinking is acting" in UPC propaganda (this thread was covered here before). Here is the comment in full:



It is amazing to see how wishful thinking is acting. I fully agree with proof of the pudding.

You may read Opinion 1/09 anyway you like, but it does not say that non-EU members can be part of the UPCA. The possibility to refer questions to the CJEU is and stays reserved to member states of the EU. Do you think the CJEU will simply accept referrals to it by any court in a non-member state of the EU?

If this would be possible, we would have heard about it, and EPLA would have been adapted to provide for this possibility.

What other safeguards would be needed, beside at least the ability to refer questions to the CJEU? What about enforcement? Lugano yes, but.



Looking at another thread (in the second part), the UPC 'panel' that got stacked by EPO and Bristows et al is recognised for what it really is. It's not a debate but just lobbying. The coverage from IP Kat refrains from saying it, but the comments basically state the obvious about "Bristows law firm [which is] the sometimes almost radical pro-UPC [with] activities of which are meanwhile notorious..."

Here is the full comment:

How convenient to hold such discussions exclusively amongst pro-UPC people the results of which can afterwards be sold to the general public as constituting some kind of 'general bottom line understanding'.

It is worth noting the following with regard to both parts of this article:

Tim Frain is sitting on the UPC Expert Panel (www.unified-patent-court.org/news/chairman-invites-new-expert-panel-advise-preparatory-committee) - what do you expect to hear from him?

Michael Froehlich is an EPO employee - again: what do you expect to hear from him?

Alan Johnson is a partner at the Bristows law firm the sometimes almost radical pro-UPC activities of which are meanwhile notorious - so: as before.

Against this background, it does not come as a surprise that this post is conveniently presenting a number of very controversial questions in a manner as if reliable answers to them not only existed, but were even being supported by a majority and, of course, always in the sense of the UPC proponents! Maybe people without expertise in this field will fall victim to such obvious manipulation. All those with a deeper understanding of the situation and of the highly complex legal and political situation can only shake their heads about such clumsy and a little naive attempts of pro-UPC marketing.



Someone then points out: "Perhaps those with opposing views will come out under their cloak of anonymity and set out their opposition to these points with references to the UPCA articles, Opinion 1/09 and constitutional European law for all to discuss and debate. Seems a quick solution to some of the complaints - legitimate and otherwise - raised about the UPC debate."

The above panel attempted to convince people that the UPC was just about to happen, but as the following comment clarified, the UPC Agreement remains incompatible with Article 50 being invoked and the UK leaving the EU:

Tim - many thanks for your comments. With respect, however, I think that you are missing the main point here.

Perhaps I can best illustrate that point by posing the following question: what is the legal basis for the ability of the UPC to refer questions to the CJEU?

The answer, of course, is that the UPC is a court that forms part of the national legal order of the EU Member States. Being such a (national) court would allow the UPC to make references under the provisions of Article 267 TFEU.

This explains why Article 21 of the UPC Agreement reads as follows: "As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the correct application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court".

Now, I do not think that it is impossible that there might be other ways in which the UPC could be granted authority to refer questions to the CJEU - perhaps even if the Member States of the UPC Agreement include non-EU countries. However, as things currently stand, Article 267 TFEU is the sole basis on which the UPC could refer such questions. Thus, if the UPC is not actually "part of the national legal order" of EU Member States, then that removes the sole basis upon which it can make a reference.



And the next comment said:

When one sees the difficulties in dealing with trademarks, what could it be if UK would quickly ratify the UPC to exit the agreement at the end of Brexit.

All those who claim that UK could stay in the UPC, seem to take they wish for reality.


In summary, nowadays the 'Kats' are basically people with vested interests in the UPC, citing or promoting views of other people with vested interests in the UPC while selectively deleting comments they don't want anyone to see. What does that make IP Kat?

Recent Techrights' Posts

In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
 
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...