Bonum Certa Men Certa

Sam Gyimah Did What Was Expected Since 2016, But Unified Patent Court (UPC) is Still Completely Stuck in Most Important Country and Is Not Compatible With Brexit

Brexit too is a problem, not just some piece of paper which the government has said for 1.5 years that it would sigh

German and English UPC



Summary: While deliberately ignoring Brexit, which legal professionals have said for nearly 2 years makes the UPC untenable, Team UPC pretends there's a rosy future for a system that's stuck in the middle of nowhere because it is neither constitutional nor desirable

We have, by now, seen some responses to last night's response/rebuttal to the Unified Patent Court (UPC) news, noting that British participation would not be compatible with Brexit and there are other very major barriers, including serious EPO abuses. To suggest that the UPC would happen is wishful thinking or lobbying. We mean false prophecy lobbying style.

Team UPC is not happy with what I wrote about the UPC last night. I've evidently struck a nerve. Someone who blocked me is now heckling me. Notice the lack of substance in these people's responses. Darren Smyth (IP Kat UPC booster) claims that I said something that I never even said! First of all, I did not say they would not ratify but that it would make no sense at all even if they did (as they had said they would). Secondly, I said there would be many practical barriers. None of these have changed.

Ratification is "work in progress" or "still in the process" actually; as the relevant individual put it: "And here are the files we lodged today with @EUCouncil - the UK ratifying the agreement on the Unified Patent Court..."

"To suggest that the UPC would happen is wishful thinking or lobbying."As expected, people who are an inherent part of law firms and/or Team UPC are boosting it -- all this while avoiding even the mere mention of Brexit and other issues. Those have not been addressed at all! This was mentioned by Francisco Moreno‏, who wrote in Spanish something which roughly means: "And Boris took his pen, ratified the unitary patent, and his instrument was deposited in Brussels. Now it all depends on the judges of Karlsruhe."

Found via this tweet was the official page (not some junk "tweets"). "Our ratification brings the international court one step closer to reality," it says. They wish. "The unique nature of the proposed court means that the UK’s future relationship with the Unified Patent Court will be subject to negotiation with European partners as we leave the EU," they added. Well, if they leave the EU, then they cannot participate in a UPC-type system.

Team UPC links to CIPA. To quote: "Note that they are sticking to the line that the UPCA is "international treaty" but acknowledge UK’s future relationship "will be subject to negotiation". Suitably non-committal - no strong hint in either direction!"

"As expected, people who are an inherent part of law firms and/or Team UPC are boosting it -- all this while avoiding even the mere mention of Brexit and other issues."So it's hardly final at all. Just like we said all along. CIPA's tweet said: “Ratification...demonstrates that internationally, as well as at home, the UK is committed to strong intellectual property protections” - IP Minister Sam Gyimah announcing UK ratification of the UPC #UnifiedPatentCourt #upc pic.twitter.com/7HdTzLrDqc – At Houses of Parliament"

Dr. Glyn Moody joked at this when he wrote: "it also means a European court will tell UK companies what to do, and they must obey - that "taking back control" thing that #brexiters so love..."

Surprisingly, IAM, which had done a lot to promote the UPC for Battistelli, also acted quite cynical when it wrote: "The UK’s Brexit-backing press did try to make the UPC an issue, but it turns out that patents are just too obscure for even the most committed Europhobes!! [...] UPC scenario - a court in Germany deciding in favour of a French patent holder against a British defendant and issuing an injunction preventing the British company selling or distributing its product in the UK. How is that taking back control?"

That's why it can't quite happen.

Over in Germany, JUVE's main person wrote:

UK ratifies UPC Agreement. What does it mean for the UPC implementation and some more details about the German constitutional claim. Our report https://juve.de/?p=338164


The cited article is in German.

"...Team UPC wants the patent system to be administered by somewhere that blatantly disregards the rule of law, Eponia (the EPO)."Managing IP, which was instrumental in UPC lobbying (it even set up lobbying events for the EPO), wrote: "The big uncertainty now is a German constitutional complaint against the UPC..."

Brexit also, as it can force undoing everything, like people have said since 2016 when Lucy predicted the move (eventually if not inevitably taken by Sam Gyimah).

"...don't expect to see much dissent in comments on such articles/posts; they 'sanitise' these to silence their perceived 'opposition', even if it's just legal professionals pointing out factual errors."As IP Watch put it some hours ago: "The system is administered by the European Patent Office, and the UK's ratification leaves Germany outstanding."

Well, Team UPC wants the patent system to be administered by somewhere that blatantly disregards the rule of law, Eponia (the EPO). And a tyrant like Battistelli; to them he's a 'good' tyrant because he supports their maximalist agenda; lawyers don't quite like laws, they just love money and if they can twist or break the law in order to make money, then so be it! That's the 'Battistelli way'...

Mind this new comment in IP Kat. A very frequent poster wrote:

If you want Bristows "take" on this, go to the Kluwer patent blog, to read the piece contributed by Alan Johnson. There's a comments thread there too. Sorry for the absence of a Link. My IT skills don't run to it, on the device I'm using now.


Alan Johnson wrote yet another post about it (maybe fourth), their second in just over a day in their blog in addition to at least two in Kluwer. In one blog there's no ability to comment, in the latter they're heavily censored. Earlier this year Team UPC basically decided to start deleting comments more aggressively; it had already censored comments for years, but months ago it took it up a notch and also openly admitted such censorship (previously Bristows staff attempted to deny it, i.e. it lied). Anyway, don't expect to see much dissent in comments on such articles/posts; they 'sanitise' these to silence their perceived 'opposition', even if it's just legal professionals pointing out factual errors.

Recent Techrights' Posts

Wayland is About Less Choice, About Removing Choices, It's Not About Freedom
IBM insists that it cares about "diversity"
Keeping Things Accessible
Gemini Protocol seems to be growing
Not Much Better Than LLM Slop: Linux Foundation-Funded 'News' Site Writes Linux Foundation 'News', Composed by Linux Foundation Operative, Quoting Linux Foundation Staff
...they get paid (sponsored) to produce this spam. Then they call it "journalism".
Annual Southern California Linux Expo (SCALE 22x) 'Bought' by Microsoft and Microsoft Exceeded Sponsorship Limits by Giving Double the Maximum Permitted Amount
When people get bribed they tend to forget how to utter a simple word: "No."
EPO Examiners Point Out to the Heads of Delegations in the Administrative Council of the EPO That the "AI Policy" of the Office is Illegal
"the Central Staff Committee (CSC) asks the Administrative Council to exert its supervisory role and instruct EPO management to enter into genuine dialogue with the staff representation on the AI Policy, to revise the “Leverage AI” target of 90% AI-automated classification in the SP2028 and to put in place the measures supported by staff in the resolution."
French Cities Dumping Microsoft Because They Recognise Software Freedom, Open Standards, GNU/Linux Autonomy
We hope that more French cities - maybe Paris - will follow Lyon.
 
Links 27/06/2025: Journalists Under Fire and Microsoft Has Serious Slop Problems
Links for the day
X is Dying, But Not XServer/X11. Twitter X.com is Dying.
People or businesses or government officials (and departments) that still rely on Social Control Media are playing Russian Roulette with their future online
Escaping Colonialism (or 'Hegemony') Requires Abandoning GAFAM, Microsoft in Particular
Europe is already in the process of abandoning Microsoft
Microsoft Will Shut Down More Studios This Week, Its Media Operatives Will Tell Lies About the Magnitude of the Shutdowns and Layoffs (They Always Do)
Many people who get counted as "workforce" are "temps" or similar
What Linux Foundation 'Research' is: Paid Marketing
What is Linux Foundation 'Research'?
No, IBM Does Not Care About People With Disabilities
"Aktion T4" did not seem to bother Watson
Microsoft's Financial Problems Mean Shutdowns, Not Just Mass Layoffs
If the original rumour is true, then expect almost 30,000 Microsoft workers to be let go this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 26, 2025
IRC logs for Thursday, June 26, 2025
The Netherlands: GNU/Linux Measured at All-Time High
Are any Dutch cities going to announce dumping Microsoft?
Gemini Links 27/06/2025: "Interstitial Existence" and Autocorrect
Links for the day
Technical People Need Technical Lawyers
Technical Litigants in Person (LIPs) have many real and concrete advantages
10,000+ Articles in About 20 Months (and How We Got Here)
More bloat does not beget efficiency and "bells and whistles" tend to have a hidden cost
Links 26/06/2025: Illegal Kangaroo Court (UPC) Failing Scandinavia, K-Pop Agencies Abuse People
Links for the day
Gemini Links 26/06/2025: AuraGem Twitch Proxy is Back and UI Sluggishness
Links for the day
LWN is a Voice of GAFAM (Through Linux Foundation, Their Front Group or Occupying Force Inside Linux)
remember who the chief editor works for and who sponsors many of the articles
Links 26/06/2025: Noise Pollution Considered High in Europe, Mass Layoffs Next Week in Microsoft Confirmed, Very Large in Scale and Scope
Links for the day
The 'Case' of the Serial Strangler From Microsoft is a Lot of Copypasta (Maybe Also LLM Slop) From the Matthew Garrett 'Case'
5RB deserves to know and the matter shall be properly reported in due course (when the time is right)
EPO Squeezing the Staff - Part II - Office Breaks Rules, Ignores Courts, Defies Justice
False promises everywhere
No, I Don't Want Your Latest XYZ, ThankYouVeryMuch...
Wayland is finally ready?
China Keeps Breaking Into Microsoft Systems, So for True Sovereignty, Nations Wary of China Need to Dump Microsoft
Looking at data from Taiwan (not China) and Maharlika (not Philippines, the king is dead and Spain is out), there are encouraging signs
Linux Journal Wants Ads on Its LLM Slop or Ads as 'Articles'
it's basically another BetaNews
How to Kill a Monopoly
in 10 simple steps
IBM - Like Microsoft - is a Dying Company and Perishing Brand ("AI" is a Lie and Decoy)
"Arvind is cutting costs (layoffs, PIPs, forced RTO, etc...) like crazy. IBM offices are closing all over the place in the US."
"Code of Conduct" Invoked When Fedora and Red Hat Users (Since the 1990s) Don't Want to Use Wayland
That is IBM "DEI"
Mozambique: GNU/Linux Rose From 0.5% Last Year to 3% This Year
what (or how) statCounter is measuring
Microsoft Layoffs Next Week: About 10% to be Laid Off in Microsoft Gaming (2 Days Before Independence Day), About 20%+ of XBox Staff
Microsoft is rapidly collapsing
Next Month Marks 11 Years Since Our In-Depth EPO Coverage
The same is happening to Microsoft right now
Free Software Foundation (FSF) Campaigns Against Vista 11, Adds 4 New Associate Members Per Day
If more people understood the underlying principles, more of them would flock to Free software overnight
Canonical Seems to Have Culled Some Sources of LLM Slop From Planet Ubuntu
It's like "junk food", it's not information
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 25, 2025
IRC logs for Wednesday, June 25, 2025
On "Weak Claims"
For the record, they sent me unjustified threats, repeatedly tried injunctions (censorship)
EPO Squeezing the Staff - Part I - Burnout and Family Health
more exceptional circumstances
This Month's Mail (MX) Server Survey Shows Microsoft at 0.20% "Market Share"
We need to remind people that desktops and laptops decline (in proportion to other client devices) and at the "back end" GNU/Linux is already dominant and has long been dominant
Links 26/06/2025: Filespooler Guide and Learning to Code
Links for the day
Why Techrights Cannot be Vilified (and Instead It Gets SLAPPed Repeatedly by Microsoft People)
Attack dogs are all "bark"; because they have no actual "bite"
Austrian GNU/Linux Usage Up to About 5% as More of Europe Abandons Microsoft
Since inauguration day the Austrian people have adopted more and more of GNU/Linux
Why the "Wayland People" and "Rust People" Will Lose Hearts and Minds (Same Reasons)
Wayland pushers are fast becoming like "Rust People"
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
BetaNews Beginning to Show What Its True Goals Are
The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
Links 25/06/2025: Thwarting More Software Patents, Overlap Grows Between EPO Corruption and Illegal Kangaroo Patent Courts in EU
Links for the day
Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
What is "MATA"?
Think of it as GAFAM or "Meta"
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better