Bonum Certa Men Certa

The Unified Patent Court (UPC) is Obsolete for More Reasons Than the German Constitutional Court, But Team UPC in the UK Refuses to Give Up

UPC isn't compatible with the UK's current policy and UPC cannot happen without the UK

German shepherd dog



Summary: The German challenge to the UPC is only one among several big barriers to the UPC; media affiliated/associated/manned by Team UPC, however, would have us believe otherwise

THE EPO NEVER MENTIONS the UPC any longer. It's like a policy; it's like they prefer to say nothing about it. António Campinos has not mentioned it for over three months. The officials at the USPTO don't mention it and neither do patent maximalists in the US (Watchtroll used to mention/advertise it, but not anymore).

"Media coverage about the UPC has always been a sham and that’s a shame. Nothing has changed."Anyone who is honest to oneself would accept that UPC is a dead end. But following the release of a statement/document from the British government (there was a portion in a larger advisory publication about the UPC) we saw about a couple dozen articles about it, almost exclusively from patent law firms with stakes in the outcome. We wrote almost a half dozen rebuttals since that time and it stopped last week or several days ago (maybe 5 days ago). It's curious that after almost a week of silence on this matter Managing IP brought it up again (the day before yesterday). Why does Managing IP only speak to the patent microcosm ("in-house and private practice lawyers")? It's behind a paywall, but we can imagine that Patrick Wingrove spoke to Team UPC in the UK (where he's located) rather than technical companies with much at stake, e.g. fear of being sued by patent trolls. They speak of a recent paper that came out only to be smeared and belittled by Team UPC. As Wingrove put it:

A new paper has concluded that the UK cannot stay in the UPC after Brexit. Managing IP speaks to the author and in-house and private practice lawyers to unpack the important points of the research

Imagine this scenario. Next month, the German Constitutional Court considers the complaint against ratification of the Unified Patent Court Agreement and throws it out.


Why?

Wingrove repeats two misconceptions (or lies) again -- ones that we keep seeing a lot. The first is that the UPC will happen and the only unknown is the UK's participation in it; the second is that the German Constitutional Court will no doubt "OK" the UPCA and the only question is when. We won't assume malicious intent from Wingrove because he's surrounded by liars. These lawyers lie to him, giving him a false impression. Maybe Wingrove should consider speaking to the 99 percent or more in the UK who aren't lawyers. Perspective might then vary widely. Having said that, the employer, Managing IP, is more like a think tank of the litigation industry -- one that sets up UPC advocacy events in collaboration with Team UPC/EPO.

Yesterday IP Kat brought up the above paper as well:

Kat friends Matthias Lamping and Hanns Ullrich of the Max Planck Institute for Innovation and Competition, have recently published two articles on the impact of Brexit on the unitary patent system and the unified patent judiciary: "The European Union’s Patent System after Brexit: Disunited, but Unified?" and "The Unified Patent Court, and How Brexit Breaks It". A potentially sobering read. See here for IPKat commentary on the recent guidance note from the UK government on a impact of a no-deal brexit on the UPC.


Why did IP Kat not write about this paper but did write about "the recent guidance note from the UK government"?

Lies by omission? The typical pro-UPC bias of IP Kat, connected to CIPA and Bristows?

Media coverage about the UPC has always been a sham and that's a shame. Nothing has changed.

Recent Techrights' Posts

Windows Defender Flags Tor Browser as “Trojan Horse” Malware
Reprinted with permission from Ryan Farmer
Sensationalist Clickbait Called 'Looney Tunables' to Badmouth Linux (It's Not Even Linux)
FUD attack
Links 04/10/2023: Murena 2 with /e/OS and More
Links for the day
Links 04/10/2023: KDE Promo Sprint and More
Links for the day
Clown Computing Means Security/Data Breaches, Not Just the Outsourcing Itself (They Get Cracked, Too!)
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
yesterday's posts
mp3HD: Another Patent Trolls' Patent Trap That Failed
Reprinted with permission from Ryan Farmer
IRC Proceedings: Tuesday, October 03, 2023
IRC logs for Tuesday, October 03, 2023
"Modern" Computing Sucks and Harms Computer Users
Reprinted with permission from Ryan Farmer
Red Windows
Red Hat is not into Free software
Richard Stallman Giving Talks in the Czech Republic and Germany This Week (Tomorrow's Talk is "Artificial Intelligence vs Language Models")
This past weekend he gave two talks in the Czech Republic
Companies Faking the True Number of Layoffs With Return-to-Office Mandates and Forced Relocation
we estimate that Microsoft cut about 30,000 so far this year, having cut many more jobs last year
Links 03/10/2023: Cellphones (Mobile Phones) Banned in Classrooms in England
Links for the day
Greener Pastures for Free Software Users
This coming week we'll publish many articles about GNU/Linux and technical means of/for user empowerment
IRC Proceedings: Monday, October 02, 2023
IRC logs for Monday, October 02, 2023
Google News, Which We Call Gulag Noise, is Following the New York Times Into the Digital Graveyard
It merely gives an illusion of volume and instead of giving readers more stuff to read it wastes people's time
Daily Bulletins Coming Soon (Hopefully as Early as Next Week)
Today we finish testing IRC logs and their upload to Gemini, not just to IPFS
Over at Tux Machines...
yesterday's posts
Software Freedom is the Future and Microsoft is the Biggest Obstacle
GNU/Linux, at its roots, was all about Software Freedom
Links 02/10/2023: NUC, GTK Themes, and More
Links for the day
New Union Syndicale Articles About the European Patent Office
We'll probably get back to regularly writing about the EPO in the near future
If WordPress Knows Well Enough to Self-Host Its Podcast, Why Can't GNU/Linux Shows Do the Same?
For those who want videos and podcasts, here are today's latest additions from other sites
Richard Stallman Can Outlive Many of His Prominent Haters
M.J.G. tried hard to take our Web site offline, based on lies and repeated threats
The GNU/Linux Revolution Ain't Here. Look at Brazil, Russia, India, China, and South Africa (BRICS) Instead.
The revolution won't be televised
Chaffbot Effect: Microsoft Bing Falls to Lowest Share in Two Years (Amid Loads of Bing Layoffs This Year)
Press outlets mostly failed to report that Bing is collapsing
Forget VSCode (Microsoft's Proprietary Spyware), Use KATE Instead
KATE is great
Sometimes It's Time to Reboot
No, not Android. KDE.
GNU/Linux Distributions as "Appliances" and DRM Platforms (the Case of ChromeOS and SteamOS)
Is this what we envisioned in the 1980s and 90s?
Fulfilling the Site's Full Potential
We remain devoted to the aforementioned goal of posting more original material
Over at Tux Machines...
2 days' worth
Upcoming Talk by Dr. Richard Stallman: Large Language Models Are Not Artificial Intelligence
LLMs aren't truly intelligent and cannot quite grasp what they spew out
GulagTube is a Burning Platform (Exit YouTube, Invidious Won't Save Us From Google/Alphabet in the Long Run)
Alphabet Agency (Google) sees the future of video as a "skinnerbox" (running Android) that indoctrinates you like TikTok does
Microsoft's Demise in the Global News Cycle is Rather Telling
It should be noted that Microsoft is, in general, no longer prominent or dominant in news headlines
Gemini Migration and Backup Capsule (Archive)
At the end we'll end up with something a lot better than before and latency should be massively reduced
Links 01/10/2023: Science, Education, and pro-Russia Slovakia Leadership
Links for the day
IRC Proceedings: Sunday, October 01, 2023
IRC logs for Sunday, October 01, 2023