Bonum Certa Men Certa

Lots of UPC Noise/News This Week Over a Document Which Merely Weakens Commitment to the UPC

A loud noise



Summary: Lost in the noise created by Team UPC this week is the simple fact that the British government now admits it's willing to abandon all Unified Patent Court (UPC) Agreement (UPCA) plans

AS we noted earlier this week, the EPO no longer mentions the UPC; neither does IP Kat, which used to do so regularly. The latest emergence of this topic, however, was due to a paper on "no deal Brexit" -- a subject explored by IP Kat's Rosie Burbidge yesterday, in blog posts titled "what does it mean for registered Community designs and trade marks", "what does it mean for exhaustion of rights?" and what will happen to patents - particularly SPCs and the UPC?"

"As we know, the UPC depends on German ratification," she wrote in that last part. "This may not happen before 29 March 2019 (or possibly, at all)."

This is not the sole barrier at all. The UPC(A) faces a lot more than one barrier, yet sites that made it their objective to promote (advocacy) UPC carry on with their usual spiel, trying to trivialise the severity of this. Patrick Wingrove, writing for the patent microcosm in the UK, wrote: "In-house and private practice lawyers discussed artificial intelligence, evolving business models, UK UPC compatibility and the proposed SPC waiver at the European Patent Forum in Munich" ("artificial intelligence" just means software patents in Europe and UPC is how they hope to make courts 'swallow' such bogus, abstract patents).

Watch what Kluwer (maybe Bristows) wrote around midnight (just an hour before) on Monday. It's a blog post which says:

The UK Government issued guidance today on patent issues to allow businesses and citizens to understand what to do in a ‘no Brexit deal’ scenario.

The so-called Technical Notice includes information about the Unitary Patent and Unified Patent Court, and explains that it is unclear whether the UP system will start before the Brexit date of 29 March 2019, ’with the start date being dependent on ratification of the Unified Patent Court Agreement by Germany’.


SUEPO has linked to that since. There are no comments.

Well, maybe they missed the 'memo', but there's no UPC for the UK to actually "exit" as the Unitary Patent is dead. Opposition to it has only grown (e.g. in Hungary and Poland).

Looking at other media sites around yesterday, here's another example. This new article promotes the lie that "small businesses" are hurt the most; the same lies Team UPC fancies pushing...

There were more articles about it this week (e.g. [1, 2]), but virtually all of these were composed by law firms rather than actual journalists. It's just marketing; self-promotional 'analyses'...

Graham Burnett-Hall and Tom Taylor of Marks & Clerk (Team UPC) spoke of the challenge in Germany as follows:

The Unified Patent Court (UPC) is not yet established and is dependent on ratification of the Unified Patent Court Agreement by Germany (which itself is dependent on the outcome of an ongoing constitutional challenge). It is currently unknown whether the UPC will be operational before Brexit day, i.e. 29 March 2019. Even in a ‘no deal’ situation, the UK is committed to exploring whether it will be possible to participate in the UPC and unitary patent system. It is worth noting that the UK ratified the Unified Patent Court Agreement in April of this year, i.e. after having started with EU withdrawal process, which indicates that continued participation in the UPC is considered by the UK government to be politically acceptable, notwithstanding the fact that the UPC is required to apply relevant EU law in its decisions. If the UK is prevented from being involved with the UPC and unitary patent then patent protection and enforcement in the UK will continue just as it does now.


Well, the UPC is in very bad shape. UPCA is DOA by now. World Intellectual Property Review thought of no better way to cover this than to say "Lawyers concerned by no-deal Brexit guidance on IP exhaustion" (that's the headline: "Lawyers concerned"; because who cares about what actual people and companies that really create something feel or think).

The UPC does not exist, for obvious reasons, and it will never materialise anyway, so headlines like this one also do don't help. But the summary is clear however: "New guidance from UK government shows a change of heart on unified patent court under a 'no-deal' scenario."

Yes, the government now openly admits that it might altogether abandon the UPC. And that's the real news. This whole thing is actually a blow to Team UPC.

Recent Techrights' Posts

Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
 
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025