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

"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs
IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
 
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025
The Register MS Has Lowered Its Standards Considerably
Incidentally, we've only just noticed that "US editor for The Register since July 2025" has not been active for 4 weeks already
Scamfarms, Spamfarms, and Slopfarms in "Linux" Clothing
Today, Linux searches in Google News produced no slop at all. That's an improvement.
Did Bill Gates Lobby to Blur the Face of the Young Woman He Openly Braces (and Who Isn't His Wife)?
"This photo of of Microsoft co-founder Bill Gates with a woman whose face is blurred out is just one of 68 more photos and documents released today."
Links 20/12/2025: Microsoft Ruins Televisions, 'Epstein Files' Deeply Sanitised (to Protect Particular Culprits)
Links for the day
Gemini Links 20/12/2025: Merry Christmas 2025 and Running a Factorio Headless Server on FreeBSD with the Linuxulato
Links for the day
With 10 Days Left, the Free Software Foundation (FSF) Has Already Raised Close to $300,000 This Winter
they're besieged by despicable corporations and very despicable people
The Real Problem With Rust is Not "Wokeness" (It Never Was)
Don't feed the trolls who attack "Rust People" on political grounds
2025 in Numbers
What was very good about this year is that we truly got "into the rhythm" of publishing
More Microsoft Layoffs Coming Soon
When I spoke about Microsoft layoffs (routinely) I got very viciously attacked by Microsoft boosters
My Humble Assessment of the Future of Red Hat, A Company That IBM is Flushing Down the Loo
GNU/Linux will be OK without Red Hat, but shaping the future of it matters because we don't want companies like Valve (DRM) to set the agenda
Probably the Least Useful Gadgets, Ever
as if a "smart" thing worn on the wrist is the "new Rolex"
Former Manager at IBM Research (Yorktown) Says Why IBM is Doomed and the Anonymous Tipline (Speak Up) is a Trap
IBM isn't willing to change or to address internal issues
Links 20/12/2025: Fentanylware Becomes CheeTok and "Why Roomba Died"
Links for the day
Linux Foundation: Richard Stallman Developed Only a Software Licence
We already criticised this report several times last night
Impulsive Writing, Quotas, and Keeping Things as Concise as Feasible
A 10-word sentence being read by a million people can have the same impact or magnitude (exposure-wise) as a million-word book being read by just 10 people
Gemini Links 20/12/2025: Christmas Songs, Storms, and Old Web
Links for the day
Coming to Grips With a Lack of Future at IBM
Red Hat's future doesn't look bright under the auspices as they seem right now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 19, 2025
IRC logs for Friday, December 19, 2025
Links 20/12/2025: Media Layoffs, a Third of Online Traffic is Bots
Links for the day