Bonum Certa Men Certa

Sane Responses to the Latest Pressure From Team UPC Amid Brexit Negotiations

FTI Consulting, which promoted highly controversial fracking (as per its own brochure [PDF]), also promotes the UPC by paying publishers while receiving over a million euros from EPO budget

FTI Consulting for fracking



Summary: Paid-for lies regarding the Unified Patent Court (UPC) continue to circulate; nevertheless, readers/commenters are not gullible enough to accept/swallow these lies

THE EPO, unlike the USPTO, has weakened the appeal boards and is actively pushing towards more litigation, not less of it (later this weekend we'll write about the sharp decline in patent litigation in the US).



Bank robberyYesterday it resumed the old #IPforSMEs nonsense, either by naming companies from their ridiculous 'study' (going back to September [1, 2]) or just posting vague tweets that imply SMEs rejoice over patent saturation (one single patent lawsuit can be destructive if not fatal to a start-up). We've grown rather tired of lies about "UPC for SMEs"; it's often Bristows staff that spreads such lies and yesterday we saw Bristows and others lobbying the British government for patent maximalism (for patent microcosm profits). This tiring old thing and tireless effort by Team UPC was noted also by Eibhlin Vardy, who wrote this blog post about it. The relevant part (to us):

2. Unitary Patent/Unified Patent Court Agreement - the note seeks confirmation that it is the UK's intention to stay in the UPC following Brexit, and asks that the UK work with UPC member states to bring the UPC/UP into effect and ensure the UK's participation following Brexit;


Watch the comments, especially the parts about the UPC. One person wrote:

2. UPC: Confirmation the UK will stay? It hasn't ratified yet so nothing to stay in. IP profession reps are looking after themselves - it is in their interests as we all know.


Another person wrote:

2. European patent attorneys will retain their right to assist practicing attorneys at law, so not a big deal for CIPA. The UK staying in the UPC if it is up and running by the time of Brexit seems problematical. Much simpler to enact legislation to the effect that UPC judgments in respect of European patents having effect in the UK will be extended automatically.


And the latest:

I see a fundamental problem with the continued mutual recognition of judgments post Brexit (let's face it they don't mean mutual in a two-way sense). The CJEU clarifies EU law (Directives and Regulations) in the context of maintaining one of the pillars of the Single Market, namely the free movement of goods and services. A primary aim for the CJEU is to advance the harmonisation of the internal market. A recital to this effect can be found in virtually every Directive of relevance to the IP area. However the UK government has publicly declared that it will not seek to remain in the Single Market and it will actively seek other markets outside the EU. To that extent, opinions and judgments of the CJEU made after Brexit, even if they refer to Directives etc made before Brexit (ie those Directives which are to remain legally binding in the UK), will be made based on assumptions which are incompatible with or possiblty inimical to the interests of the UK after Brexit. As has already been mentioned in the comments above, the UK courts may wish to take note, post Brexit, of relevant CJEU decisions, but 'mutual recognoition' suggests something rather more binding in its effect.


It is good to see that people are responding to such UPC jingoism; they too know that the UPC isn't getting anywhere. There have been a massive PR campaigns behind UPC (not limited to FTI Consulting). Shall truth be victorious, Battistelli's future will be very grim.

Recent Techrights' Posts

Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
 
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day