Bonum Certa Men Certa

Will the Patent Microcosm of London Please Stop Misleading the Public About UPC?

Remember where UPC money and support come from (Battistelli and his PR agency)

IAM events



Summary: Response to some British blogs that want us to believe that the UPC is about to come true, even in the face of very obvious barriers and facts that are not convenient to Team Battistelli and Team UPC

THE EPO is not alone in lying about the UPC. Team UPC helps with that and all of them do so for personal gain, not because the UPC would be desirable to Europe.



Joff Wild's wild and loaded latest headline ("As the UK moves closer to UPC ratification, there could be a litigation spurt at the new regime's birth") wants us to forget that the UK simply cannot ratify the UPC. We have already explained this in the following series of recent posts:



Wild, being an habitual Battistelli mouthpiece and UPC pusher (the EPO even supported Wild's pro-UPC events), now repeats Bristows' talking points, first in Twitter and then in a "blog" that says:

The UK’s ratification of the Unified Patent Court agreement moved one step closer yesterday with the confirmation that it had signed the UPC’s Protocol on Privileges and Immunities. This provides EU privileges and immunities to the court’s judges in those countries hosting divisions of the court and signing it was a necessary step on the path to the UK’s full membership of the system.


What a misleading pile of rubbish. This does not change anything when it comes to tackling the main barrier, which is Brexit. And without London there is no UPC, either.

Responding to the latest from Team UPC ("Bristows UPC" to be precise), we have some new public comments that remind Team UPC to get off its high horse. Bristows' site is pretty much dead (maybe a few visitors per week, not even much activity), so like a parasite it's now preying on a host, IP Kat. A lot of the pro-UPC talking points get posted there by Bristows staff and the responses are more or less the same. IP Kat readers are not gullible enough. As the first comment put it:



This is so unreal! How can they ratify an agreement that depends on EU membership??? Would the EY really go ahead with spending money on this stillborn part of the UPC? What do they think they are doing???


UPC is dead here and Bristows refuses to accept it, having invested much time and money on UPC propaganda, marketing (not the same thing, includes a rebrand), etc. Here is the next comment:



My guess is that no one actually read the UPC article in detail and that therefore no decision maker is really aware of Art. 20 and Art. 21 of the UPC agreement. We should not forget that politicians often are no lawyers and get a lot of knowledge via Powerpoint from their staffers who might be general lawyers but no IP experts.

At least this is my explanation for what is going on.

My second theory is that Italy was heavily lobbying that the seat of the court is going to Milan rather than London and the UK government felt that it is necessary to stop this at least for the time being by indicating that they will ratify.



One person says in this comment that Lucy did what she did "so as not to block the UPC for other EU member states. Since the UK will be out of the EU, it does not really care what the other EU states get up to and if they want their UPC system, let them have it."

Another person explained it like this:

To me, it would appear to be a tactical exercise in frustration, something that successive UK governments have been very good at ever since the UK became a member of the EU - pre-23/06/2016 : we want in, but we don't really want to play in the same schoolyard as everyone else - post-23/06 : now we want out, and we'll be damned if anyone else is going to grab the main venue court (glares at Italy and Germany alike) and take it away from London until we've hammered out "the best deal possible" for the rest of the exit proceedings. It thus gives the UK government another iron to put in the fire and keep warm while both the EU and UK (ir)responsible ministers bluster about principled positions. Sometimes cynicism really is the mother of all diplomacy. It really all makes perfect sense.


In reality, what Lucy did is likely to further delay things and put the whole system in a deadlock which is contingent upon Brexit. This, in part, is why the UPC won't be going anywhere any time soon. Another comment on the topic said:



Well, it looks like there was some truth in the well-informed rumours that I heard: http://ipkitten.blogspot.co.uk/2016/12/will-uk-industry-suffer-from.html?showComment=1481284766354#c8489500711255308227

What you make of this will, I guess, depend upon which side of the UPC fence that you sit.

With the UK legal profession being the principal beneficiary of the move to ratify, I guess that the government decided that it may as well benefit from the extra tax revenue that will come its way from the bumper profits that will be generated by UK lawyers. Set against that, the (very obvious) disadvantages for "industry" probably looked a bit less concrete.

It's just a shame that the system has now been set up so that no one in their right mind (or at least no one who wants patent protection in the UK) will seek to obtain unitary patents... which, coupled with all of the opt-outs that will be filed, could make the workload of the UPC very light indeed!


Team UPC is not sober. It's drunk on Kool-Aid. If it's not deliberately lying (the self-fulfilling prophecy method), then we should worry about the mental state of people who wish to inherit and dominate Europe's legal/juridical system for handling of patents.

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
 
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day