Bonum Certa Men Certa

Jo Johnson: UPC Agreement is “Currently Only Open to EU Member States” (i.e. Britain Cannot Join or Ratify)

But rumours say he might try to ratify in a rush, without a proper debate, just before Article 50 is invoked (either this coming week or by month's end)

Jo Johnson



Summary: Even the person whom many inside the echo chamber of Team UPC believe will ratify the UPC admits that it's a European Union-type treaty (agreement), which therefore cannot co-exist with Britain's intent to exit the Union (and potentially crack/split the United Kingdom too)

THE EPO has not been saying much about the UPC recently; they too probably realised that they need to keep it under the radar because the more people out there find out, the greater the backlash will be. But even British politicians are starting to find out what's going on, in part because we inform them, one way or another. We have some plans for next week and we expect many more signatures to land on this petition. The UPC still faces many legal barriers here and I'll probably make some phonecalls on Monday (e.g. to political parties). We can definitely end the UPC for good (at least in the UK) by this month's end.



"We can definitely end the UPC for good (at least in the UK) by this month's end.""The #UPC #Brexit discussion heating up again," one person wrote the other day. "1 half of #IP community: "everything is in order". Other half: "How is this even happening?""

Maybe half of them still believe Team UPC. Based on a recent survey, most patent professionals don't believe Team UPC, which likes to mislead everyone with rosy predictions and baseless forecasts.

The "British political journalists are beginning to pick up on the UPC and Brexit," IAM warned the other day (after it had done a lot of pro-UPC propaganda). "This is good from @IanDunt," it said, citing an article we remarked on a few days ago.

"Even Jo Johnson, who is supposed to grok such things (but is probably too young and inexperienced to grasp it all), suddenly realises that the UPC is untenable. "Ian Dunt said "Nowhere near enough of you are reading my article about patents & Brexit. Do you understand the pain I went through?"

Covering patent-related issues and reading (while comprehending) is not easy. We chose to cover a very 'niche' topic here in Techrights because it is a very important and often under-appreciated/neglected topic. There are some comments on this tweet from Russell Barton‏. As we already noted the other day (as did others), Dunt hadn't gotten all the facts right. But it's not easy, to be fair to him, as British politics, EU politics, and patent laws intersect in truly complex ways. Even Jo Johnson, who is supposed to grok such things (but is probably too young and inexperienced to grasp it all), suddenly realises that the UPC is untenable.

After IP Kat had done some weird things -- like relaying of Bristows' UPC agenda -- this new comment (from yesterday) says:

Am I to conclude that the Kat has lost its tongue on the UPC?

My previous enquiry on this point (http://ipkitten.blogspot.co.uk/2016/12/mini-upc-update-uk-signs-protocol-on.html?showComment=1486978703716#c3870820495469588050) elicited no response.

Now it appears that there has been further discussion of the UPC in the media. http://www.politics.co.uk/blogs/2017/02/28/patent-law-theresa-may-s-new-brexit-battlefield

Jo Johnson has also formally admitted that the UPC Agreement is "currently only open to EU member states". http://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?house=commons%2Clords&max=20&member=1527&page=1&questiontype=AllQuestions

Maybe I can accept that none of this is "big" news in the IP world. However, I am struck by the curious lack of commentary (both here and in the "mainstream" media, even including rabidly pro-Brexit papers such as the Daily Mail) on issues raised by the UPC, such as how on earth the UK can stay in the UPC... or even how the UPC can be made to function, post-Brexit.

I have heard some hand-waving bluster from various individuals on this point, but nothing whatsoever in the way of serious, reasoned and robust analysis. With the UK seemingly intent on signing up to a venture that will lead us all into the unknown (and potentially on a very bumpy ride for patentees and interested 3rd parties), I find the lack of analysis on this point very troubling indeed.

Not being someone who is prone to believe in conspiracies, I would like to think that there is no self-censorship going on at IPKat on this issue. But it would be nice to have some evidence to support this belief.


Give it up, Johnson. The UPC is not compatible with Brexit and trying to 'hack' or work around the law would simply discredit the whole ludicrous concept of "taking back control" or obeying the law.

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026