09.30.16

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Unprecedented Levels of UPC Lobbying by Big Business Europe (Multinationals) and Their Patent Law Firms

Posted in Deception, Europe, Patents at 7:45 am by Dr. Roy Schestowitz

Business Europe on UPC
Original: Business Europe on UPC [PDF] (we wrote about Business Europe, which is a front group, several times before [1, 2, 3, 4, 5])

Summary: A quick look at some of the latest deception which is intended to bamboozle European politicians and have them play along with the unitary [sic] patent for private interests of the super-rich

THE EPO and Team UPC, along with their largest clients, try to take over Europe and rewrite the law.

Kingsley Egbuonu from MIP (close to the EPO) continues his Unitary Patent and UPC “progress [sic] report”, this time noting that “EU Ministers reiterate support for the system; legal opinion on UK’s participation; The Netherlands ratifies UPC Agreement; legislative process for ratification underway in Italy; new Italian course added to list of UPC representation qualifications for European Patent Attorneys; official timetable for launch of UPC may be revised; Unitary Patent system ready and UPC preparations to continue” (all sounds incredibly optimistic).

“The UK isn’t going to ratify the UPC, which puts the whole shebang in existential danger (across the whole of Europe).”Judging by this “progress [sic] report,” one might be led to believe that the UPC is inevitable and only a matter of time; but it’s far, far from it. “We understand,” Egbuonu notes below, that the “UK IP Minister Baroness Neville-Rolfe did not make any statement on the UK’s position, considering the UK government is still deliberating over Brexit strategy, rather she commended the preparatory work done so far.”

The UK isn’t going to ratify the UPC, which puts the whole shebang in existential danger (across the whole of Europe). Everyone seems to know it except Team UPC, which invested so much in this change (de facto theft of democracy) that all resources are now being thrown at lobbying. Take Bristows and its self-nuking statements for instance. Bristows is still lobbying to have its talking points interjected into ‘news’ papers which the EPO paid for PR. Here they are saying: “Milan challenges London for patent court – Our Alan Johnson comments on the @FT https://www.ft.com/content/9199ea86-80c8-11e6-8e50-8ec15fb462f4 … pic.twitter.com/DyqpSJfFBA” (FT was paid by the EPO for this kind of bias).

It seems as though the UPC will be officially dead next month, but Team UPC is working super-hard at the moment. It includes ‘hijacking’ the media for their own selfish purposes. Bristows is being amplified (almost the entire piece is Bristows) by WIPR and an article composed by Bristows staff keeps getting referenced as ‘proof’ that “European business urge continued UK involvement in UPC on eve of Competitiveness Council meeting” (utterly misleading headline).

“Usual suspects sent letters to lobby for UPC, wait until we send our letters too.”
      –Benjamin Henrion
What Bristows means by “European business” is just “Business Europe”, which is a misnomer. Here we have Bristows lobbying for itself and meddling. To quote: “Views on UPC expressed ahead of today’s Competitiveness Council meeting.”

Competitiveness in Europe would require demolishing the UPC, but international monopolies and oligopolies want the opposite of competitiveness; they just want protectionism to cement their market position and marginalise competition (e.g. by means of patent lawsuits or threat thereof).

Looking at some of the latest junk from Bristows (relying on front groups and generalising based on them), one can see dissent in various other new comments about the UPC; these comments are not sharing the sentiments of Bristows’ propaganda (about 5 more such comments yesterday). One of them said that selective “letters from Business Europe and consorts are a wonderful pro domo plea. But they all stem from Big Industry.” Writing about “Business Europe” (Big Business Europe and Multinationals with Branches in Europe), here is the complete comment:

That all firms having been heavily involved in the preparations of the UPC want it to come alive is understandable, be it only because of the time and efforts invested in it. That their might not be a return on investment is bitter for all of those them. But c’est la vie.

The letters from Business Europe and consorts are a wonderful pro domo plea. But they all stem from Big Industry. Did you expect that Air Liquide would be against the UPC?

On the other hand, we were always told that the UPC is primarily there for the benefit of the SMEs.

I do not see any federation of SMEs, but the French CGPME having participated in such a plea. The CGPME being one among the plenty members of the UJUB, even if it had a restrictive opinion, it would be overthrown by all the other members.

I get the feeling that lots of people have lost track of the political reality. How can a sensible person advocate immediate ratification by the UK of the UPC Agreement when the terms of the Brexit are not even known? There might be ways for UK to continue its participation, but this means accepting EU law. I dare think what the EuCJ will have to say if UK participates to the UPC after Brexit and does not fully accept EU law supremacy. But then why the Brexit?

Why on earth push for something which nobody knows how it will end up? That UK participation would be good is certain, but as somebody in charge in the UK said Brexit means Brexit.

It is clear that if the UPC does not enter into force because of the lacking ratification of the UK, it will be delayed for a while. And then the can of worms will be opened again. But that is a reality which is tangible and which should be accepted.

Whether we like it or not, it is time to look at reality and not hope for something which has been lost.

The “Big Business Europe UPC letter,” Benjamin Henrion remarked, is “not supported by CEOE, the Confederation of Employers and Industries of Spain” (Spain is generally against the UPC, to its credit, but language has a lot to do with this opposition). “Usual suspects,” he added, “sent letters to lobby for UPC, wait until we send our letters too.” He told me that he was unable to find any video stream/access to the proceedings (the perception of transparency) and later added: “Is there any video recordings of EU Ministers Council meeting of today?”

We have seen nothing of that sort yet. Team UPC has no sense of shame and no respect for democracy at all. Sometimes it feels like politicians are on the same bandwagon.

Here is a timely new comment about UPC (found this afternoon):

That’s the problem with the UPC, it is not counter-balanced by an elected parliament, such as the European Parliament.

It is an undemocratic monster.

If the UK is out, the bare minimum would be to reintroduce art6 and art8.

It’s not just an “undemocratic monster” but an antidemocratic monster. It must be scuttled.

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