09.13.16

Gemini version available ♊︎

Web Site ‘Managing IP’ is Managing to Come Across as an EPO Mouthpiece

Posted in Deception, Europe, Patents at 4:35 pm by Dr. Roy Schestowitz

Staring at their phones while Team UPC advocates the antidemocratic UPC

Managing IP event
Photo credit: Managing IP tweet, but modified (cropped) slightly

Summary: A look back at how a publication which calls itself “news” has in fact converged with the EPO and the predators (Team UPC) in an effort to peddle lies and help advocate the UPC

“I refuse to propagate such blatant lies from Battistelli about reforms disclosed in a staged interview published by #managingip,” one person from the EPO wrote today. Some people are demonstrably unhappy about Managing IP propagating the lies of Battistelli, as recently as last week (more to come later this month in part two).

“It’s all lies! (Proven),” the above person added, “Destroying SUEPO and EPO is Battistelli’s only and true goal! This is a personal vendetta.”

We agree. This is well documented, but each time Managing IP chooses to play ball with Battistelli it further alienates people associated with the EPO, where Battistelli 'enjoys' a 0% approval rating. Nobody trusts him, but some people choose to say nothing about it just to keep the salaries coming in (to pay the mortgage or whatever).

For the shared mission which is UPC (shared among only the patent microcosm and destined to harm everyone but this microcosm) media is now coalescing and receiving some favours in exchange for power, money, politics etc. (much like media which promotes particular Presidential candidates in the US right now, neglecting to give even an illusion of balance/impartiality).

When Web sites like IAM and Managing IP choose to repeat EPO lies (earlier today the EPO spoke of “optimis[ing] patent prosecution” and it’s hard not to think of its lobbying for the UPC and Battistelli’s PR) they do themselves enormous damage. Last week we wrote about Managing IP‘s UPC advocacy event [1, 2] and earlier today, under multiple URLs [1, 2, 3], Managing IP became Fröhlinger’s megaphone (Fröhlinger is a longtime UPC propagandist and Battistelli loyalist). To quote the relevant portion:

Margot Fröhlinger of the EPO gave a historical account of previous failed attempts to create a unitary patent system in the EU before 25 member states agreed in 2011 to proceed through the enhanced cooperation procedure. In a nutshell, they failed because of disagreement over language and the associated court system. Fröhlinger said the Brexit result was hugely disappointing, but hopes history won’t repeat itself because the system is nearly ready and, in her view, “very important” to the Single Market. She said: “There is hope that the system will not come to a halt. It will go ahead. There is too much support and too much investment.” To her mind, the question now is whether the system will go ahead with or without the UK. She said: “It’s now a political issue not a legal one because it is relatively easy to change an agreement which is not yet in force.”

The two key UPC Agreement provisions which require amendment are Article 89, to remove the requirement for UK ratification, and Article 7(2), which deals with the UK’s Central Division seat. She went on to explain how this solution may be achieved. The first step is for the other member states to convene a diplomatic meeting on the margins of an EU Summit or the Competitiveness Council meeting to discuss possible amendments. This must include the UK. In terms of agreement by member states, “only a qualified majority is needed”. But she expressed concerns over likely disagreements which will cause delay. “There is a risk that other member states will start throwing in their amendments.” In terms of seat, she said France, the Netherlands, Germany and Italy are all likely to stake a claim. Getting all of the amendments approved quickly would depend on the constitutions of member states, but if all goes well we shouldn’t expect years of delay. “Most member states will be able to do a simplified ratification,” she said, citing Denmark as an example where another referendum won’t be required. “So we could be looking at 6 to 9 months delay not 5 years.”

The expectation was that the system will start operation next year. With the uncertainty over the UK government’s Brexit policy and plans, “how long can other member states wait for the UK to make a decision?” That was a question put to the panel. “Member states shouldn’t wait too long. Perhaps a matter of months,” Fröhlinger responded. “If there is no sign of UK’s participation at the Competitiveness Council meeting this month or in November then member states should act quickly.” She added: “Germany’s ratification should go ahead to avoid giving bad signal to other countries.”

Fröhlinger envisages no major legal obstacle to the continued participation of the UK in the UPC after its exit, provided it accepts Chapter IV of the UPCA, and, moreover, other member states want the UK to be part of it. She takes comfort in the CJEU’s decision in challenge to the Unitary Patent Regulations. “The CJEU demonstrated extreme pragmatism,” she said, but then went on to warn that the CJEU’s Opinion 1/09, which dealt with the UPCA’s predecessor, is open to interpretation. “There are no guarantees in life so no one is sure if the CJEU will agree on the legality of UK’s participation if challenged,” she added. Fröhlinger also fears the risk of unravelling the compromises in the UPCA but questions if the CJEU will be “politically insensitive”. She believes the CJEU will give “its blessing” to the system again when called up.

As we noted here last week, the event lacked any criticism of the UPC and it’s no surprise; when one needs to pay over 1,000 Euros merely to attend for a day (not even give a talk) this is nothing but an echo chamber where Microsoft and the EPO, for example, try to shape Europe's patent law. Very nefarious stuff and that’s not even covering all the dubious connections between Microsoft and the EPO (as covered here many times before).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  2. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  3. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  4. Links 31/01/2023: elementary OS 7

    Links for the day



  5. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  6. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  7. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  8. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  9. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  10. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  11. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  12. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  13. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  14. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  15. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  16. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  17. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  18. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  19. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software



  20. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  21. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  22. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  23. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day



  24. The Hey Hype Machine

    "Hey Hype" or "Hey Hi" (AI) has been dominating the press lately and a lot of that seems to boil down to paid-for marketing; we need to understand what's truly going on and not be distracted by the substance-less hype



  25. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  26. Unmasking AI

    A guest article by Andy Farnell



  27. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  28. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  29. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  30. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts