Bonum Certa Men Certa

New Position Paper on the Unified Patent Court (UPC) Says It's “Not the Best Solution for Europe” -- Clearly an Understatement

Ever noticed how the 'Kats' completely stopped talking about the Unified Patent Court (UPC)? They know it's dead. They just know it.

A white cat

Summary: UPC proponents (profiteers) aren't enjoying support anymore; not only has progress stalled (come to a complete stop) but the whole debate about the UPC (or anything conceptually like it) turned toxic and negative because facts come out, overriding lobbyists of litigation giants

THE predictions from Team UPC have long been a source of amusement. Some have given up making fake predictions. Few have not. Some retired early. Some left their employer. UPC promotion is a big risk/liability to one's reputation. Some began doing it anonymously. How very telling.



"They wasted their money promoting a dud which in retrospect makes them look incredibly dishonest."These frauds and charlatans thought that repeatedly lying to the public and to our elected officials would accomplish something. They wasted their money promoting a dud which in retrospect makes them look incredibly dishonest.

Now there's this new paper (exactly a month and a week old), signed by Alain Strowel (alain.strowel@uclouvain.be), Fernand de Visscher (fernand.devisscher@simontbraun.eu), Vincent Cassiers (vincent.cassiers@uclouvain.be), and Luc Desaunettes (luc.desaunettes@uclouvain.be). "If you agree with the position papers or the simple motion," they say, "please contact one of us." They urge a "pause" to the whole thing. I'm not adding my name to it because I think that not only the UPC is wrong; anything even remotely like it is wrong. We know where the idea came from and who/what for.

"It's time to put the brakes on this hopeless chase. It's a total waste of politicians' and courts' time."Here are the two originals (updated 2 days ago). We're aware that most people don't like PDFs and won't bother opening any, so we've reproduced below, as images, both papers/statements, which are mostly signatures (notice Professor Xenos among the signatures below, along with many other names). The images below are added for readers' convenience. They're not reproductions of the underlying text.

UPC Alternatives P1

UPC Alternatives P2

UPC Alternatives P3




UPC Preliminary Research Working Document P1

UPC Preliminary Research Working Document P2

UPC Preliminary Research Working Document P3

UPC Preliminary Research Working Document P4

UPC Preliminary Research Working Document P5

UPC Preliminary Research Working Document P6

From the corresponding page:

The Unified Patent Court system is not the best solution for Europe and for innovation, and there are alternative systems to consider after Brexit.

The intellectual property group within CRIDES is behind an on-going initiative to rethink the system for adjudicating patents in Europe.

A position paper and a motion on the Unified Patent Court system, already signed by some experts, practitioners and academics, are available below.


We found this because of UPC boosters, who added an "UPDATE: This article was updated on 21 November 2020 [Saturday] to include the position paper of European academics and practitioners"

As usual, comments there are more informative that the Bristows diatribe. Here's the latest comment, which speaks about the ridiculous prose from Team UPC's 'useful idiots' in the German government:

Well, I think that we can conclude that my powers of prediction are very strong indeed. On 2 November 2020, I stated that: “we can already predict with 100% confidence what the responses will be, namely “Everything is in order. Nothing to see here”. We can also be certain that the responses will amount to nothing more than hand-waving, smoke and mirrors and half truths”.

Well, the answers provided by the German government match this prediction PRECISELY. My personal favourite is the answer provided in connection with questions regarding the absence of a cost-benefit analysis for the UPC and the possible impact upon SMEs. This is because the government’s “excuse” for not conducting any analysis is that they were happy to rely upon two prior “studies” that were conducted … in 2009!

The trouble with this is that, back in 2009, the legislation relating to unitary patents was COMPLETELY different. This is because the flavour of the day back then was the ECPC. That proposed system was struck down by the CJEU as being incompatible with EU law. Thus, unsurprisingly, the provisions of the UPC Agreement look rather different. There is also the matter that neither of the 2009 studies includes anything close to a comprehensive cost-benefit analysis.

Thus, the German government’s “excuse” for not conducting a full cost-benefit analysis is effectively that other people did some “back of a fag packet” calculations more than a decade ago in connection with a proposed legal system that was really quite different to what we have now.

Well, in the face of such compelling reasoning, I am sure that no one will doubt any of the government’s other assertions, such as: “The compatibility of the UPCA with the Basic Law, in particular the fundamental rights, as well as with Union law was comprehensively examined”; and “The federal government does not see any further constitutional deficits”.

I mean, there is no way on earth that these statements could be viewed as being deliberately misleading, right?


So, irrelevant 2009 (yes, 2009!) 'studies' are the basis of the lies; back when UPC was mostly a concept, just a little beyond hypothetical. Let's focus on the 2020 scholarly position (based on experts who produced more than just a study), which explains that the UPC is unsuitable, truly unfit for purpose. It's time to put the brakes on this hopeless chase. It's a total waste of politicians' and courts' time. A lot of taxpayers' money was already put into that. What do they have to show for it? Nothing.

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
 
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"