Bonum Certa Men Certa

The Max Planck Institute's Determination on UPC's (Unitary Patent) Demise is Only “Controversial” in the Eyes of Rabid Members of Team UPC

“Controversial” like allegations that Battistelli is corrupt

Bristows EPO



Summary: Bristows keeps lying like Battistelli; that it calls a new paper "controversial" without providing any evidence of a controversy says a lot about Bristows LLP, both as a firm and the individuals who make up the firm (they would not be honest with their clients, either)

TECHRIGHTS has long argued that the EPO was lying about UPC along with Team UPC -- basically the very same elements that crafted UPCA and would stand to benefit from such an 'agreement' (behind the public's back). Thankfully, the UPC is now in its death throes. It seems extremely improbable to us that it can ever recover, though it might re-emerge with a different name and new marketing strategy (as happened before).

Just before the weekend the Max Planck Institute made some headlines (not enough, however, in our humble assessment). Team UPC would rather nobody saw it. It would rather pretend such a paper does not exist. But some people did take note of it and we managed to get a copy.

"If it was pro-UPC or had a favourable -- even if purely fictional -- view of the UPC, the patent microcosm would probably have prodded some publishers to write a bunch of puff pieces, complete with those infamous old lies which they keep repeating every week."Soon afterwards even some pro-UPC sites (of patent maximalists) took note of it. Managing IP, for instance, having previously set up pro-UPC events (with the EPO also involved), has just said: "UK in UPC after Brexit is “incompatible with EU principles” – Max Planck Institute [link] … An association of German research institutes concludes in a paper that the UK being in UPC post Brexit would create a “fictitious unity” that is incompatible with EU law..."

This links to a post we mentioned before the weekend. No other Web site appears to have covered it, at least not in English. If it was pro-UPC or had a favourable -- even if purely fictional -- view of the UPC, the patent microcosm would probably have prodded some publishers to write a bunch of puff pieces, complete with those infamous old lies which they keep repeating every week.

Funnily enough, last night we spotted the headline "Max Planck Institute publishes controversial opinion on continued UK involvement in the UPC" (it's not controversial at all).

We could immediately guess that it came from Bristows LLP or the likes of it. According to Bristows LLP, no such issue exists because Bristows LLP staff are a bunch of self-serving liars and they don't mind the world seeing that they're liars. Gregory Bacon wrote this piece; it was the first blog post in this blog for a very, very long time (awkward silence that actually says a lot!)...

"A very long paper with ample evidence is being contested by... basically nothing."The decision or determination from the said paper is not controversial; we saw not a single person publicly disputing it. Nobody. It's just not convenient to Team UPC, who decide to label it "controversial" and come up with their usual lies (which we covered here aplenty in the past).

Bacon has provided no evidence whatsoever that Matthias Lamping and Hanns Ullrich were wrong and therefore the title, calling it "controversial", isn't supported by any substance in the body. A very long paper with ample evidence is being contested by... basically nothing.

Here is the abstract of the paper, which is actually dated more than a fortnight back. We've highlighter some bits for 'lazy'(ier) readers:

Among the many problems Brexit raises in the field of European intellectual property those relating to the system of unitary patent protection stand out for their complex and controversial nature. The reason is that this system rests on two legally different but interconnected pillars: EU Reg. 1257/2012 on the implementation of enhanced cooperation by the creation of unitary patent protection on the one hand, and, on the other, the Agreement between the Member States of the EU on the establishment of a Unified Patent Court (UPC) that will have exclusive jurisdiction over invalidation and infringement actions concerning the European patent with unitary effect and/or the classic European (bundle) patent. However, the link between unitary protection of European patents and the UPC Agreement is not only one of jurisdiction, but also one of substantive law. Thus, as regards the rules on infringement of the unitary patent, Reg. 1257/2012 refers to those contained in the UPC Agreement in respect of the European (bundle) patent.

Many in the patent law community hope to overcome the disruptive effects the withdrawal of the UK from the EU will produce on both the territorial scope of unitary patent protection and on the UPC as a court common to EU Member States. However, unitary patent protection cannot be dissociated from the general legal order of the EU’s Internal Market and extended to the UK once it has left the Union. Any such extension is incompatible with the autonomous character of EU law and its institutions, will result in a legally split unity for separate and separately regulated markets, and conflict with both the UK’s and the EU’s public interests in defining and implementing a patent policy of their own. Since the core objective of the UPC Agreement is to establish for the adjudication of unitary patent protection a common court of EU Member States that, as such, forms part of the judicial system of the EU, continued participation in the UPC Agreement of the UK post Brexit will not be possible. It would be incompatible with the EU’s foundational principle, which is integration by virtue of the operation of an autonomous legal order based on a complete system of legal protection by national courts acting as ordinary courts of the Union and in cooperation with the Court of Justice of the EU.


We cannot say we're surprised that Bristows et al attempt to twist this paper, picking the word "controversial" from the first sentence of the abstract and then framing the entire paper (almost 200 pages long, i.e. months in the making) "controversial". Shame on Bristows and its hatred of scientific, legal discourse. It's just like Battistelli.

Recent Techrights' Posts

Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part I: Hiding Behind Lawyers (or Guns for Hire) After Abusing Many People and Even Strangling Women While Microsoft Paid Salaries
This whole thing is very typical of the Microsoft and Bill Gates mindset
From EPO to "MAGA Regime": A Shift Away From Reality to Fake News and False Metrics
Disbelief in itself isn't a bad thing; but the problem is that people are taught to believe rich people in suits more than they believe others
Skype is Officially Dead Today and This is Why People Should Use Free Software Instead (Goodbye, Microsoft)
It's also a good reminder of why people should move to GNU/Linux
'Simple Articles' in MyGemini Just One of Many New 'Sites' in Geminispace
Geminispace has grown fast lately; it's turning 6 next month
 
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025
Links 05/05/2025: TikTok Still a Romanian Woe/Foe, Signal Perils Showing
Links for the day
Gemini Links 05/05/2025: Debian and GNOME and a "Welcome to Simple Articles"
Links for the day
Links 05/05/2025: US Economy Shrinks, US Presidency Spreading Deepfakes
Links for the day
Links 05/05/2025: Breaches, Environment, and Conflicts
Links for the day
SUSE the Company Now Uses LLM Slop to 'Write' Its Blog, What Does That Tell Us About SUSE?
There are many giveaways
Richard Stallman is in Alicante Today to Give a Talk, Czech Republic in Two Days (Wednesday)
Of course he can deliver the talk in Spanish
Gemini Links 05/05/2025: XL Bullies and Luddites
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 04, 2025
IRC logs for Sunday, May 04, 2025
Links 04/05/2025: Science, Conflicts, and Monopolies
Links for the day
GNU/Linux Above 7% in Bulgaria, Rising Just Like in Most of Europe
Up to 7%, not counting Chromebooks
Data Shows Largest EU Economies Shifting to GNU/Linux
all-time highs
statCounter Says Only One in 6 Web-Connected Clients in Hungary Are Using Windows, iOS Almost Bigger Than Windows Now
Hungary is a cautionary tale in the world of European (or Russian) politics
Many Reports About Microsoft's Financial Report/Performance Are False, Fake News, Churnalism/Parroting, and LLM Slop (Machine-Generated Lies)
Even if you see a thousand sites saying that Microsoft is performing well ask yourself why the company is rushing to fire tens of thousands of workers and cancelling datacentres
Links 04/05/2025: FCC Turning Into MAGA’s Censoring Machine, SEC Pressured to Delist Chinese Companies
Links for the day
Gemini Links 04/05/2025: Historical Artifacts and Date Calculations in POSIX Shell
Links for the day
In the First 3 Months of 2025 GAFAM Debt Rose by More Than $14.4 Billion
That's based on their official statements
10-Step Strategy to Get BRETT WILSON LLP ("Gun for Hire"), Microsoft's Serial Strangler, and the Serial Defamer to Compensate Techrights and Tux Machines for Years of SLAPPs and Abusive Litigation
There's no room or capacity for forgiveness here; enablers and protectors of crime need to be scuttled and pay up in full
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 03, 2025
IRC logs for Saturday, May 03, 2025