Bonum Certa Men Certa

Ignore Today's Fake News From IP Kat/Bristows, the UK is Not Ratifying the Unitary Patent (UPC)

Disregard misinformation and self-serving (profit) sensationalism

UPC boat



Summary: Some people have begun taking note of a blog post from Bristows, but it's distorting the facts in order to help Bristows sell services for something which will never exist

THE EPO must be a big fan of false information (misinformation). It does, after all, spread false information all the time. It does it literally every single day (except most weekends, due to inactivity). It does this both internally (inwards, to staff) and externally (outwards, to users, journalists and so on).



"The EPO must be a big fan of false information (misinformation)."Earlier today we saw a tweet which said: "UPC on the way to be ratified in the UK, Minister Johnson avoids answering the ECJ question in relation to Brexit..."

This was rather surprising, so tracing it back to the source we found that it's just fake news, fake headline and misinformation from Bristows, as usual (fabricators and liars). They lie about the UPC in order to make it sound imminent and inevitable. They try to tell that to politicians as well, in order for them to vote/act out of ignorance.

Here is what Bristows tweeted and what Alan Johnson wrote, claiming a "possibly at the last meeting of 2017 scheduled for mid-December, but more probably at the first meeting of 2018 in January. After that the UK will be in a position to ratify the UPC Agreement."

What utter nonsense. What. Utter. Nonsense.

This deviates so widely from any realistic timetable.

Expectedly, Bristows staff at IP Kat (surrogate to Bristows' much-neglected 'blog') decided to start amplifying other UPC boosters such as Alex Robinson. Alan Johnson's colleague copy-pasted something from Robinson, adding a misleading headline to it all.

"They lie about the UPC in order to make it sound imminent and inevitable. They try to tell that to politicians as well, in order for them to vote/act out of ignorance.""I wrote a thing about the #upc's passage through the Commons," he said, "and the @Ipkat kindly published it" (if it's pro-UPC, then of course it will!).

He had also said: "More on the #upc - the UPC (Immunities and Privileges) Order 2017 has been considered by the HoC Delegated Legislation Committee today; the corresponding discussion in the Lords is now listed for 3:45 pm on 6 December."

That's next week

But watch the lobbying disguised as news/analysis -- the very reasons some people resigned from that site. The headline (title) is "UK House of Commons committee progresses final stages of UPC ratification" and it then says that "in a room somewhere in Westminster, Kat friend Alex Robinson (Dehns) was observing the latest goings-ons on the Unified Patent Court with respect to the UK's ratification process." Barely even matches the title. Where are those "final stages of UPC ratification" and why the positivity/certainty? Nothing in Robinson's words justifies it. As usual, as is common at IP Kat, what we have in posts is UPC propaganda followed by negative comments (those which pass moderation anyway), often berating the author. Just bypass Team UPC and see comments (as usual, the comments there are a lot more informative than the lobbying/marketing they're attached to or clustered around).

"Put another way, Jo Johnson knows that they are not in a position to do anything, and not just due to Brexit talks."Robinson wrote and wondered aloud about what "Mr Johnson meant by wording such as “we want to put ourselves in a position” to enable the UPC to come into force..."

Put another way, Jo Johnson knows that they are not in a position to do anything, and not just due to Brexit talks.

The first comment said: "The GuestKat's meticulous verbal analysis is entirely justified in these circumstances - I am quite sure that Jo Johnson's stopping short of saying that the UK will actually ratify the Agreement was quite deliberate (and/or an implicit acknowledgment that if we do we may nevertheless have to leave again as soon as Brexit takes effect)."

Hence no point ratifying anything. Another comment emphasised the key part:

Reading Hansard, it seems that that Jo Johnson used certain phrases repeatedly. This is unlikely to be an accident. More likely, those phrases were drummed into him beforehand so that he could stay "on message".

One of JJ's most repeated phrases was that the government wanted to be "in a position to ratify the agreement". If this repetition is indeed the result of JJ effectively reading from a pre-agreed script, then it is not hard to reach the conclusion that the UK may not rush to deposit its instrument of ratification.

In connection with the UK's future participation in the UPC, other phrases often repeated (in a number of variations) could well be significant too. These include "we will need to negotiate" and "It would not be appropriate for me to set out unilaterally what the UK’s position will be in advance of those negotiations".

So, to conclude: whilst reaffirming that it thinks that the UPC is a good idea, the UK government has promised neither swift ratification nor a guarantee of the UK's continued participation in the UPC... as everything seems to depend upon the outcome of negotiations with the EU.

As we all know, the UK has stated its intention to leave both the single market and the customs union, and to ditch all Treaties that underpin EU law, including TEU, TFEU and EURATOM. How on earth the UK can do this and continue participating in the UPC is anyone's guess. Indeed, one could be forgiven for gaining the impression that the government is desperately trying to keep all plates spinning for the time being whilst knowing full well that it will be impossible to keep this up indefinitely.

This all means that, instead of asking when the UK will ratify, we ought instead to be asking which of the plates currently spinning will the government allow to come crashing down: the UK's position on the single market (and the role of the CJEU) or the UK's position on post-Brexit participation in the UPC?

Whilst I do not know the answer to that question, I most certainly would not like to put money on the UK's continued participation in the UPC. And this perhaps raises the most pertinent question of all: even if it were able to ratify the UPC in 2018, do we really believe that the German government will do so without knowing whether chaos will reign less than a year later as a result of the UK's enforced departure from the system?


The latest says this:

Wearily, I suppose this JJ wordplay is all of a piece with the notion that negotiating with EU 27 is all about having in your hand more "cards" to play that the Team on the other side of the negotiating table.

Presumably, the view amongst HMG's ministers is that one of Macron/Merkel's highest priorities is to get the UPC up and running, and further, that EU27 ready to pay a high price for UK ratification.


This distorted analysis and headline from Bristows made it through to other people's tweets, one of which said: "Interesting comment that the UK's future relationship re UPC would be "subject to negotiation". Sounds like UPC may be a bargaining chip in the Brexit talks."

A bargaining chip in whose favour? The UPC would be a curse -- not a gift -- to Britain. Signatures in the petition suggest so too.

"Imagine how much Bristows lies to clients (for profit) if it lies so much to the public (where it's harder to get away with it)."Christopher Weber responded to the above from Patrick Kelleher and said: "It is a bargaining chip for the German side from what I heard. No ratification anyway before the Brexit situation is clarified. (German like clarity and certainty)."

Weber had promoted the UPC, but he recently (only days ago) implicitly acknowledged that the UPC is pretty much dead.

Imagine how much Bristows lies to clients (for profit) if it lies so much to the public (where it's harder to get away with it).

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026