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

SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
 
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy