Bonum Certa Men Certa

Final Death for UPC: UK Officially Withdraws, Leaving Only France (Updated)

UK Withdrawal from the UPCA



Summary: The mass litigation 'dream' is dead; there's just about no chance at all that the UPC can make any progress (even the twisted 'logic' of the EU Commission and BMJV is thrown down the toilet)

TODAY we have some very good news.



At around noon today Thorsten Bausch (Hoffmann Eitle) wrote about "German UPCA Ratification" being attempted by BMJV. To cut to the chase: "This takes us directly to the current plans of the German Ministry of Justice and Consumer Protection (BMJV in German) to rush a second ratification of the UPC Agreement through parliament in an unchanged form, as if nothing had happened in the meantime. True, the BMJV has heard about Brexit and seems to be aware that the UK intends not to participate in the UPC Agreement, yet never mind – the UK has ratified it and so Germany can ratify it too, start the system and the deal with any problems later… somehow. The EU Commission also seems to endorse this view."

"And just like that another door closes on the UPC, making or marking the end of an era.""Politically," Dr. Bausch commented, "I would respectfully submit that this is just madness."

Jan Van Hoey said in the sole and first comment: "Not mentioning the 4 other constitutional complaints against the EPO for violation of the “rule of law” (art2 TFEU), the EPO cannot be sued for maladministration. So the BMJV knows about those 4 pending cases, but want to mull the UPCA through because the Brexit transition period ends on 31st December 2020. I guess Mr Breton will find a legal way to say the UK is out of the UPCA by the 1st January 2021. He could just recall the decision of the FCC saying the UPCA is only open to EU member states."

It has meanwhile emerged (a very short time later) that there's a "UK Withdrawal from the UPCA"; UPC 'central' says:

Today the UK made its final preparation to withdraw from the Unified Patent Court project. A deposit of the withdrawal notification of ratification has been deposited with the Council Secretariat. In addition, there has been a parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister for Science, Research and Innovation )...


This was quickly picked up by Team UPC, which wrote anonymously:

The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee.


Goodbye, UPC.

The EU Commission and BMJV look more foolish -- if not corrupt -- than ever.

As MaxDrei noted the other day:

For the last nearly one thousand years the national security of England has been based on playing off one European mainland Power against another. In the few years of its EU membership, this was tempered by the need to engage, to get EU law-making rational and efficient. But now that the UK is out of the EU it can revert to its thousand year old task of messing up unity on The Continent. Keep that in mind when pondering UK conduct vis a vis the UPCA.

And without the UK as the “third member of the committee” of the Big Boys Club of the EU, with London no longer deciding pharma/biotech cases for the UPC, in patent matters ongoing, Germany and France are free once more to bicker over issues such as “Shall Paris or Munich call the shots”. What we are seeing now is a struggle for supremacy between the governments of France and Germany. As Attentive points out, fine for big industry, but not so helpful for the SME sector. Isn’t there some saying or other about elephants fighting and mice getting ground into the dust?


To which there was the following reply: "As to the present situation in the UK and who calls the shots as to international trade issues, an interesting analysis can be found at [Politico]. Given the division within the UK government, it is not clear that they are in a position to sow division within the EU anyway. The shift towards centralisation at the top of the UK government as signalled in this article implies that any deference to CJUE [sic] is anathema."

And just like that another door closes on the UPC, making or marking the end of an era. Only France ratified UPCA (among key signatories). We can envision António Campinos phoning Benoît Battistelli right about now, assuring him that the European Patent Office (EPO) will bribe whoever it takes to 'correct' this.

Update #1: IP Kat is of course trying to make death of the UPC sound like bad news, having lobbied for this monstrosity:



Update #2: Looking at some comments, "schweinsgalopp" wrote:

UPC boosters will tell us Germany can go ahead with the ratification, and that the UPCA can enter into force anyway.


To quote another: "Let’s get the real deal, an EU-Patentcourt as in the Treaties. Not the Wolpertinger in your hand, the UPC..."

Surely we'll see more comments -- ones that are yet to come (from Kluwer, IP Kat etc. albeit they censor the ones they don't like)

Recent Techrights' Posts

IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
 
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
Legal Letters Are Not Postcards
It seems like intimidation, nothing more
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026