Bonum Certa Men Certa

Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

Bristows typically deletes comments it does not like, but too many people would notice if Bristows overdid it

Alan Johnson



Summary: The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin

THE EPO barely mentions the word/term "UPC". Neither does the media. It's dead.



Bristows keeps pushing UPC agenda into blogs other than its own, even on a Friday night; we expected criticism to be selectively deleted, as usual (it happened before), but some of it is starting to show up. On Monday morning someone wrote to us: "Kluwer, where have all the comments gone?"

"Did you notice that there are almost no comments (published) on this piece since it was put online on Friday evening although similar posts in the past attracted a lot of feedback, mostly within hours? Why do you think this is?"

Looking at Kluwer Patent Blog this morning, we actually find 3 more critical comments, namely:

RIP

When the UPCA was drafted and signed, the UK’s involvement and the establishment of part of the central division in London were key feature. That the agreement could be open to non-EU members had never been envisaged. Brexit radically undermines these fundamental elements and, at best, the terms of the agreement need to be changed in a yet undefined way. So how can it be that the ratification of an agreement that has become obsolete and no longer reflects the will of its authors is still a topic in those countries that have fortunately not yet done so? And why on earth should the GCC submit such an outdated agreement to the CJEU in the circumstances?



Then someone from France (based on the URL/TLD) posted:

Dear proponents of the UPC and the post Brexit membership of UK,

When I see the problems which have led to an enquiry of of the Justice Sub-Committee of the House of Lords’ EU Committee, see

http://ipkitten.blogspot.fr/2017/12/role-of-cjeu-post-brexit-to-be.html

with respect of UK courts, I would like to hear why there are no problems with the UPC, which first, does not exist yet, and, secondly does not seem concerned by the enquiry, as it is not a UK court.

Please abstain from the standard reply: because it is an international court. If difficulties are foreseen in respect of enforcement for UK courts, it is hard to understand why an international would not be exposed to the same difficulties post Brexit.

The Lords seem to be concerned by legal certainty. Where is the legal certainty for the UPC?

It does not seem that the UPC was mentioned in Phase 1 negotiations, so it is unlikely to be mentioned in Phase 2 negotiations, which should start soon. Quo vadis UPC?


And one last comment (for now):



I am interested in your comment that “It rationalised correctly, however, that the UPC was an international court”. Am I correct to interpret this as meaning that you agree with Gordon & Pascoe’s characterisation of the nature of the UPC (as an “international court”, as opposed to a Benelux-style “court common to the (EU) Member States”)?

If so, could you please explain to me how the UPC can possibly refer preliminary questions to the CJEU? As I understand it, a court is only able to access the procedure under Article 267 TFEU if it is “a court or tribunal of a Member State”. If the UPC is an international court, then this would appear to take it out of the ambit of Art. 267… which would then appear make the UPC non-compliant with EU law.

I may be missing something here, and so any clarity that you can help to bring to this situation would be much appreciated.



But that's not it. There's even more from Bristows staff at IP Kat this morning, attracting the following comment:

Worth reading and linking together are the article on Kluwer and the comments posted on that article.

http://patentblog.kluweriplaw.com/2017/12/08/brexit-deal-means-unitary-patent-system/


IP Kat's/Bristows' SPC advocacy (covered here yesterday) is also being mentioned:

For me, SPC law is more important than the UPC. The interpretation of the SPC as absorbed into UK law must still follow the EU approach until it is re-written by parliament. Likely, UK judges will rely on CJEU judgments, both existing and post-Brexit. Referrals to the UK Supreme Court may be required, but may be unwise as there is not even a part-experienced patent judge on the panel. Referrals to the CJEU, if not possible, would leave UK judges to make up their own minds - not a bad thing, possibly.



Team UPC/Bristows is then being called "zealots":

It appears clearly the their Lordships are worried about legal certainty after the Brexit, and hence their enquiry. This applies to U.K. courts, especially their relationship with the CJEU and in matter of enforcement.

Not a word about the UPC! As it does not even exist, no wonder.

Could at least one of the UPC zelotes explain where they find any form of legal certainty in the post Brexit participation of the UKin the UPC, especially when it comes to enforcement? Please do not come up with the worn out argument it is an international court, and the Administrative Committee of UPC will fiddle a bit, so that everything will be honky dory!

Apparently no word about the UPC in Phase 1 negotiations, so nothing about the UPC in Phase 2.

As another blogger said, the UPC is barely a blip on the government radar.

Dear zelotes, wake up to reality, it is better for you. It will hurt, that is the only certainty. My grand father used to say, that if you stick your head in the ground, do not be surprised that you then get your bottom smacked! Still valid today.


Notice how every single comment is hostile. Readers know they are being lied to.

Regarding the UPC, the FFII's President has asked: "Do they have a constitution in the UK? At least I heard there was a constitutional court #upc #rule_of_law"

With news about the Irish judge rising to the surface last night and earlier this morning (it looks like they're letting Judge Corcoran back in; a source of ours cites "[t]he President of the Boards of Appeal as of Monday 11 December in execution of the judgements 3958 and 3960 of the administrative board of the ILO of 6 December 2017.") it's also worth quoting this new comment about the UPC situation in Ireland, an English-speaking country which indefinitely postponed the UPC referendum. "Ireland has to have a referendum on this patent court and granting if jurisdiction as it clashes with our constitution," said the comment. "I'll be thinking long and hard about what I'll be voting for, that's for sure."

Recent Techrights' Posts

WordPress Becoming What We Feared It Would Become
WordPress and other such bloatware (WordPress used to be fast and light) are moving in the same trajectory that GAFAM leads
 
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well
Getting Skyped: Closure of Studios Microsoft Bought
wait till July and the mass layoffs outside XBox
Several Waves of Red Hat Layoffs This Year, Is This Still Going on Under IBM?
The PIPs and NDAs hard to get a clear picture
Sabine Hossenfelder Versus IBM Scamming Shareholders
IBM has become a garage of BS
Some XBox Layoffs Underway, At Least Five Studios to be Shut Down
Insiders are in a state of panic
Gemini Links 30/06/2026: Music Theory, Addiction, Clown Computing
Links for the day
Links 30/06/2026: France Recorded 1,000 Excess Deaths During Heat Wave, Slop Replaced by Human Staff
Links for the day
People Given the Totally Wrong Idea That "Secure Boot" is About Security (It's the Opposite, It's About Handing Control Over to NSA/Microsoft)
"Secure Boot" with capital "B" is conflating compromise with security.
Today The Register MS is Publishing Fake Articles About "AI", 100% of All "Content"
Maybe the media is dying because it is selling its soul [...] The Register MS has no standard
America Has Cost Europe Too Much
Countries ought to be controlling all their own systems
GAFAM Debt Will Surge, in July We'll Know by How Much
Do not fall for slop or sloppy narratives
Call for European Patent Office (EPO) Whistleblowers
The European Patent Organisation (EPO) might not reform the Office
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Too Many "Marketers on the Payroll" at IBM, Selling Impossible Products That Cannot be Delivered or Will Never Deliver
IBM is rotting away
Media Says Microsoft's (XBox) Layoffs May be Record-Breaking
think somewhere in the range of ~5000 for gaming/XBox alone
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026
Gemini Links 29/06/2026: Using More of GPLv3+ and Merits of Security by TOFU
Links for the day
Links 29/06/2026: Lemote Yeeloong Laptop With OpenBSD, Slop Ruins Code/Development
Links for the day
Antisocial People With No Computer Science Background Are Ruining the Technology Space (Like Officials With No Experience in Patents Destroyed the EPO)
This is a real issue; it needs to be widely recognised and tackled
DDoS Attacks Are a Crime and They Only Increase Interest (Intrigue) in Their Target
Information cannot be DDoSed out of reach/existence, except temporarily
Pushing to the Top
Publishing is about exposing corruption
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
How Long Can a Company Delay Its Financial Report That Likely Confirms Exodus of Staff, Growing Debt, and Other Problems?
Brett Wilson LLP was meant to release its annual report some time early this month
SLAPP Censorship - Part 122 Out of 200: Garrett's Solicitors Confirm That Garrett is Ban-Evading and Spying on Our IRC Network
his solicitors basically acknowledge this
European Patent Office (EPO) Series: Networking With the National Delegates
António Campinos with a prime opportunity to network with the Administrative Council delegates and lobby for his reappointment
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day