Bonum Certa Men Certa

Team UPC Continues to be a Premier Source of Fake News About Unitary Patent in the United Kingdom

Bristows LLP is just one of many in Team UPC, which has become like a cult

Keltie Fake News
Kat-lie or Kel-tie?



Summary: The peddling of lies regarding the prospects of the UPC, or the dissemination of "inevitability" claims (self-fulfilling prophecies tactic), cannot withstand scrutiny, as people who don't lie for a living rightly point out

THE EPO we're already accustomed to hear nothing but lies from; but a growing number of law firms, including some that are based in London, tarnish their reputation by making false predictions that are politically and financially (self gain) motivated. These false predictions -- if not outright lies and blatant falsehoods -- can cost their clients dearly, as these clients are being fooled if not lied to, e.g. regarding the 'benefits' of UPC to SMEs.



One source of rebuttal to these lies has been Dr. Ingve Björn Stjerna, a Certified Specialist for Intellectual Property Law in Düsseldorf. Florian Müller has just amended his article to say: "The author of this guest post has now published a new article on the recent political statements as regards a ratification of the UPCA in the United Kingdom and their legal implications." In Twitter he called it out as well, as follows: "just added a small update at the end of the recent guest post on Europe's Unified Patent court..."

This is about the UPC in the UK -- merely a hypothetical/theoretical idea that is extremely unlikely to ever materialise. But if one listens to CIPA, a bunch of lobbyists (front group) for the patent microcosm in the UK, fake news are abundant.

This tweet from CIPA says: "Kevin Mooney tells our UPC Seminar the process will be smoother if the UK can ratify the Court Agreement before the Govt triggers Article 50"

Another says: "Kevin Mooney on the question: Can UK stay in UPC post-Brexit? Refers to Gordon/Pascoe opinion that there's no legal/constitutional barrier"

They are merely expressing their wishes rather than what will actually happen. And law firms from the UK nonetheless repeat this nonsense as though it is fact. "According to Kevin Mooney at @TheCIPA meeting on Tuesday," one of them wrote, "UK may be aiming to ratify UPC before Article 50 is triggered. #UPC #Brexit"

"That means by 9th March," IAM added (IAM, for those who forgot or don't know, was paid by the EPO's PR agency to help set up pro-UPC events, supported explicitly by the EPO).

"UPC Agreement to be ratified in UK before Art. 50 is triggered," one person told us "i.e. until early March..."

"New assessment regarding the intended UK ratification," told us this person, was published this week with an English version [PDF] and the following summary in English (it's also available in German). To quote:

The British ratification paradox,

Article on the recent political statements as regards a ratification of the UPCA in the United Kingdom and their legal implications (02/02/2017)

Most recently, statements with relevance for the ratification of the Agreement on a Unified Patent Court (“UPCA”) made by members of the British government caused astonishment. While the new British Minister of State for Intellectual Property, Joseph Johnson, underlined the ratification intent, Prime Minister Theresa May shortly afterwards, in her speech on the “Brexit” negotiations, defined a number of objectives which appear hardly reconcilable with such ratification. In this context, it is also of interest that, contrary to the political guidelines set by the previous Prime Minister Cameron and against the broad opposition of the professional circles, the CJEU can be expected to have gained an interpretation competence also in relation to material questions of unitary patent protection, as a consequence of the compromise in the dispute on former Art. 6 to 8 of the “unitary patent” Regulation. The following article describes the statements and their legal implications in more detail.


How long will people be gamed and manipulated by Team UPC with its fantasies? This isn't the first time that the above author contradicts these false predictions and here is a new comment from IP Kat ("bye bye UK participation in the UPC"):



The Brexit White Paper makes an interesting read: "We will bring an end to the jurisdiction of the CJEU in the UK".

So bye bye UK participation in the UPC, then? Or might this not quite mean what it says? The subsequent sentence perhaps gives a clue.

"We will of course continue to honour our international commitments and follow international law".

I guess that one could characterise the UPCA as "international law", and so this perhaps leaves the government with some "wriggle room". However, it will be interesting to see how (if at all) the government manages to "square the circle" where obeying international law (such as the UPCA) requires the CJEU to have jurisdiction in the UK.

Based upon my observations to date of UK politicians, I predict that the mutual incompatibility (with respect to e.g. the UPCA) between the two above-quoted statements will be handled in the usual manner. That is, the government won't bother trying to explain itself. It will just be evasive and change the topic.

The same approach will be used to handle the question of how free trade with the EU can be achieved without submitting to common rules (and the jurisdiction of a court that interprets those rules)... especially as the proposed alternative (a dispute resolution mechanism that does not have direct effect in UK law) is very unlikely to be palatable to the other EU Member States.


We don't expect the UPC to ever become a reality and as we wrote yesterday, neither do professionals in the area, based on a new poll/survey. We already wrote some long rebuttals to this a few months ago:



Remember that the person who promised ratification in the UK has since then been sacked or stepped down.

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
 
Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day
Links 01/07/2025: "Independence Day in Taiwan", Bounties on Software Patents
Links for the day
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day