06.29.17

The UPC’s Figurehead, Alexander Ramsay, Admits UPC is Stuck, Bristows LLP Comes Up With ‘Alternative Facts’

Posted in Deception, Europe, Patents at 9:11 am by Dr. Roy Schestowitz

Older: UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

Alexander Ramsay, Bristows, and the UPC gold rush
Alexander Ramsay, Bristows, and the UPC gold rush

Summary: The Unified Patent Court (UPC) isn’t making progress, but those who are keen to spin, mislead, distort facts and even falsify/fabricate statements would have us believe otherwise

THE UPC is stuck. It may in fact be dead like the TPP. But will Team UPC give up and admit defeat? Of course not. They have been lying about the UPC for a living for a number of years; they lied to officials, they lied to businesses, they lied to the media and so on.

“They have been lying about the UPC for a living for a number of years; they lied to officials, they lied to businesses, they lied to the media and so on.”Expecting Team UPC to abandon the UPC is like expecting a carpenter to abandon the hammer, the shoemaker to stop obsessing over shoes or asking a model to stop staring at the mirror. No matter what happens, Team UPC will always lie, if not just to others than at least to itself. Self deception can be a moralising exercise. Without the UPC, their whole raison d’être (or at least lobbying) was all in vain.

The EPO has said absolutely nothing about what happened in Germany. Who can blame the EPO? It’s so accustomed to outright lying, so lies by omission are a lesser offense.

“Is UPC ratification back on track in the UK? In a nutshell, no. Not even close.”Yesterday, in IP Kat comments, some jokes started to surface about DUP. Is the “UP” in “DUP” “Unitary Patent”? Well, basically, Bristows are at it again, having lied, cheated, etc. They gave the illusion of UPC progress first in their blog and then in IP Kat (which actually attracts some readers, unlike their lousy blog). They would have us believe that the UK officially resumes UPC ratification and all is back on track. But as always, look at what Bristows is hiding or distracting from. A lot of wishful thinkers (as we noted yesterday) have already relayed the propaganda from Bristows. Debunking is important because few sites out there have both the interest and the information required to refute the nonsense (of which there have been heaps for a number of years).

Our rule of thumb: whenever hearing something about UPC always fact-check and trace things back to the source (with extra scepticism when those who stand to personally gain from the UPC speak).

Is UPC ratification back on track in the UK? In a nutshell, no. Not even close.

“The longer it [the UPC] is delayed, the less its value.”
      –Anonymous
The comments are joking about the Conservative government, especially in light of its desperate deal with an antiscientific political party. “I suppose the DUP were in favour if the UPC then,” one comment joked. “Very progressive.”

Another asked: “Does anybody know what the DUP’s policy on IP is? Do they have a stance on the Unitary Patent?”

One answer was this: “I’ll go out on a limb and presume that they are not particularly concerned by IP or the UPC, as long as they don’t involve popery or dinosaurs…”

Suffice to say, DUP has nothing to do with it. In fact, UPC is not at all on the agenda as Tories scramble to merely survive and form a government. To believe otherwise is to either be misinformed or very, exceedingly gullible. Just unfold any British newspapers these days; it’s pretty chaotic. UPC is mentioned nowhere. At all! The EPO says not a word about it, except when Battistelli lies to impress a docile crowd.

“Better to say, the greater the delay, the less likely it is to happen. Ever!”Regarding the “DUP Bribe” (the latest scandal here, since Monday), one person wrote this: “Agreed, but as they aren’t particularly concerned, there is every possibility that if they believe the government thinks the UPC or any other IP issue is particularly important they will ask for another few £100m to agree to it.”

Someone in another thread, seemingly a UPC proponent, wrote somewhat panicky that “The longer it [the UPC] is delayed, the less its value.”

Better to say, the greater the delay, the less likely it is to happen. Ever!

Another new comment about it alludes to the deadlock in Germany, which adds perhaps another half a year in delays (and may result in Germany abandoning the UPC in its current form).

To quote:

In my understanding, the “imbalance” is that an opponent in EP opposition proceedings after unsuccessfully going through the full EPO proceedings can try again in DE nullity proceedings. The opponent gets two shots and needs only one hit.

As far as I know, it is not different for an opponent in DE opposition proceedings. I don’t see why it should matter that DE opposition proceedings have one more instance.

There is a difference in that both DE opposition proceedings and DE nullity proceedings are handled by the BPatG (and reviewed by the BGH). But is the BPatG/BGH in nullity proceedings in any way bound by the final decision in the DE opposition proceedings between the same parties on the same patent?

Only if the BPatG/BGH is legally bound (to the extent that the facts are the same etc.) would I agree that the EP/DE imbalance is not present in the DE/DE system. But then, if the imbalance in the EP/DE system really is a problem, the solution is simple: make sure that the BPatG/BGH is legally bound in the same way by a final decision in EPO opposition proceedings.

(It seems the German courts don’t require much in the way of standing in nullity proceedings and do not mind strawmen. So imbalance appears to be ingrained in the German national patent system. Likely there is nothing unconstitutional about it.)

One could think that any reasonable person would accept that Europe’s largest economy is now the centre of attention (or deadlock), not somewhere like Estonia (Bristows pays for nonsensical ‘articles’ about Estonia, to give an illusion of progress).

“We assume IP Kat doesn’t want accuracy anymore, just marketing.”
Yesterday, citing UPC propagandists (the UPC Preparatory Committee, which is essentially a misnomer as it's a bunch of moles), IP Kat again allowed propagandists from Bristows replicate and expand propaganda from their misleading blog. In our last article about the UPC we debunked what they had published in their blog. But on they go at IP Kat, never mind if commenters will identify all the holes very quickly (they can always just delete ‘inconvenient’ comments, as they habitually do these days).

The first comment, which was miraculously approved, was responding to the propagandists from Bristows by gently and politely debunking them as follows: “What difference will the Conference recess (Parliament breaks up again for party conferences between 14 September and 9 October) make to this estimate? It leaves a very short time to sort out the committees (a process which is only barely starting now and won’t be complete until at least September) and have them consider the legislation. Isn’t it more likely this will happen in October – and we are not certain how long it will take. And won’t the Scottish order have to be in place too? When is that realistically expected to happen? January sunrise seems a little optimistic to me. I suspect a month or two later but we’re all guessing…”

“Amid German constitutional challenge on UPC – what happened to Ireland’s constit[utional] referendum on the esoteric subject of patents and the UPC?”
      –Luke McDonagh‏
It’s worse than guessing. It’s lobbying. We assume IP Kat doesn’t want accuracy anymore, just marketing. It’s reputational downfall. Bristows can’t help leaving a mess of fake news and propaganda in at least 3 blogs and paid-for ‘articles’ (they pay some sites to repost their fake news). Frankly, someone needs to clean up this mess. That someone certainly isn’t Alex Robinson, who wrote to me a couple of days ago to defend Bristows, just before he too started relaying that fake optimism. Citing Bristows, Alex Robinson said that “a draft Order was laid before the Westminster Parliament. This is subject to the so-called “affirmative resolution” procedure, requiring scrutiny by both Houses of Parliament. Despite the “Brexit” vote, no serious opposition is expected to the passage of the legislation.”

He wrote about that again, under the banner “preparatory work continues” and he also tweeted a lot about it [1, 2, 3, 4], totally ignoring the part about Germany (not alternative facts but inconvenient facts).

“UPC (Unified Patent Court) comes to a screeching halt due to Germany…”
      –Rolf Claessen‏
How could he miss it, omitting the parts that don’t suit Team UPC? Well, linking to the same text from Ramsay (himself a core part of Team UPC, sometimes appearing in conjunction with the EPO’s dedicated UPC liar, Margot Fröhlinger), some people took note of his comments on Germany.

Dr. Luke McDonagh‏ asked: “Amid German constitutional challenge on #UPC – what happened to Ireland’s constit referendum on the esoteric subject of #patents & the #UPC?”

Even a UPC proponent from Germany moaned as follows: “#GRUR2017 – Germany’s most important IP conference. 3 days. More than 1000 attendees. Number of session on #UPC: 0 #spilledmilk”

Maybe because they know that it’s anything but certain. It’s a dead dream perhaps…

“UPC/UP project runs into more trouble as suit lodged in the German Constitutional Court…”
      –Anne Hargreaves‏
Rolf Claessen‏ wrote that the “UPC (Unified Patent Court) comes to a screeching halt due to Germany http://bit.ly/2tnhAUS” (linking to the same text as Bristows but interpreting it differently).

Another professional, Anne Hargreaves‏, said that the “UPC/UP project runs into more trouble as suit lodged in the German Constitutional Court https://www.unified-patent-court.org/news/message-chair” (again, linking to the same text as Bristows but interpreting it differently).

Bristows staff should apply for a job at Donald Trump’s office. Apparently they need people to help distort reality.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/06/29/unified-patent-court-nitpicking/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Bill Gates Exposed

    While publishers like ZDNet worked hard (on Microsoft's budget) to distract us from real scandals many nefarious things were happening; are we witnessing the fall of Gates?



  2. Welcome to ZDNet's 'Linux' Section...

    ZDNet, which defamed RMS to help distract from Bill Gates scandals, is doing what the sponsors (IBM, Microsoft, Linux Foundation) pay for



  3. Europe's Second-Largest Institution, the EPO, is Partly Based in the United States

    The EPO has outsourced its operations, including its 'courts', to the United States; this seems to be the so-called 'New Normal'



  4. You Look for Linux News and Instead It's Microsoft Noise and Openwashing

    Imagine trying to go about doing your own 'business', only to be confronted by paid-for plugs (sponsored) by the people trying to undercut/undermine your business; welcome to "Linux" in 2021



  5. Links 11/5/2021: Maui 1.2.2 and Tor Releases

    Links for the day



  6. The Next Generation of Free Software (or Software Freedom) Activism, Tackling Newer Problems

    New challenges as labour rights and human rights are further eroded, thanks to 'high' 'tech' with its very 'innovative' 'features'



  7. Mass Litigation Over the Salary Adjustment Procedure (SAP), Basically an Attack on All EPO Staff, Even EPO Pensioners

    “Importance of a binding and unambiguous erga omnes declaration” stressed by staff representatives of the EPO in a new letter to Benoît Battistelli‘s successor of choice, António Campinos, who has done nothing so far except attacking (or robbing) EPO staff, even EPO pensioners



  8. EPO 'Dialogue' With Staff Representatives is as Dead as 'Dialogue' With the Union

    “Yet another failure of social [sic] dialogue [sic] for Mr Campinos,” according to staff representatives, who rightly bemoan the Office president not giving a damn about staff; things quickly deteriorate in Europe’s second-largest institution, which does even worse things than granting loads of illegal European software patents (harming software producers and users alike)



  9. The FSF Needs to Reject OSI (and Open Source) Along With Much-Needed Rejection of the GNOME Foundation (Not the Same as the GNOME Project)

    Response to a good little speech (unscripted apparently) by Geoffrey Knauth, who explained his position on Open Source about a year ago



  10. Links 11/5/2021: Bodhi Linux 6.0, Coreboot 4.14, and DragonFly BSD 6.0

    Links for the day



  11. IRC Proceedings: Monday, May 10, 2021

    IRC logs for Monday, May 10, 2021



  12. Keynote by FSF President Geoff Knauth and Executive Director John Sullivan

    To quote the source: “FSF president Geoff Knauth became the president of the FSF in 2020, but has served on the FSF board of directors for over twenty years. FSF executive director John Sullivan started work with the FSF in 2003, and has never stopped since, with past roles including the FSF’s first Campaigns Manager and later the Manager of Operations.”



  13. Richard Stallman on Companies That Are “Only Pretending to be American Companies”

    Dr. Richard Stallman, the Free Software Foundation's founder, speaks about US politics being captured and dominated by large and multinational corporations in pursuit of just money and power



  14. Last Night's Talk by Richard Stallman About Software Freedom

    An inspiring new talk reminds many of us why loads of people continue to support the founder of the Free Software Movement



  15. Links 10/5/2021: Huawei's GNU/Linux Laptops and Kotlin 1.5.0

    Links for the day



  16. Richard Stallman on Writing rm, ls, and cp (Also Working on Bison)

    Dr. Richard Stallman, the Free Software Foundation's founder, explains what programs he developed in the eighties



  17. Raise the Roof

    Out comes the taxpayers’ subsidy, assured; with military the sky is the limit (and bailout guaranteed)



  18. Richard Stallman Replatformed 10 Hours From Now

    Link to the talk (when it goes live)



  19. [Meme] Bill Says, Bill Saves

    Bill Gates seems more likely to be indicted than to win a presidential election/term



  20. IRC Proceedings: Sunday, May 09, 2021

    IRC logs for Sunday, May 09, 2021



  21. According to the Wall Street Journal, Bill Gates’s Relationship with Jeffrey Epstein Caused the Bill-Melinda Divorce (While the Media Deflected to Dr. Stallman, Using a Phony 'Scandal')

    It’s becoming rather obvious that there’s real substance to accusations that Mr. Gates was in some sense enabling Jeffrey Epstein; while Gates-funded media told us that he was saving us from climate change and a pandemic (PR stunts for empathy and sympathy) Melinda worked really hard to distance herself from him, the father of her kids



  22. [Meme] Bill, What's Your Opinion?

    While it's ludicrous to insinuate that Mr. Gates somehow "started" COVID-19 he certainly "rode the wave" for reputation laundering purposes, profit, and distraction from scandals that precede the epidemic in China (and caused his marriage to break down)



  23. Links 10/5/2021: SystemRescueCD 8.03, KeePass 2.48 Released

    Links for the day



  24. How We Process and Upload Videos Hosted in Techrights

    With ffmpeg as the Swiss army knife (and various other utilities/programs ‘in between’) it’s possible to automate much of the pipeline associated with video production and self-hosting



  25. Richard Stallman's Free Software Speech in 2020 (FSF Turning 35)

    We've re-encoded (as WebM) the likely sole/only speech Richard Stallman gave about his movement last year; today seems like a suitable time to republish it because tomorrow a British university/group will replatform him (to use their term)



  26. The Chaos Theory

    Making GNU/Linux less stable and less predictable isn't good for GNU/Linux users; but it certainly helps sell Red Hat support contracts and vexation inside the community weakens Red Hat's competitors



  27. Gemini and Techrights: Still Growing in Gemini Space and Always Supporting/Loving the Protocol

    As we continue to expand in Gemini space (where our very large site became a very large and likely the largest capsule) it's worth explaining some of the overlooked merits of the protocol; unlike the World Wide Web (WWW) it does not impose things on the user/visitor, who is more or less in charge



  28. Links 9/5/2021: KDE Frameworks 5.82.0 Release and Patents Related to COVID Subjected to Waivers

    Links for the day



  29. Act More 'Professional' to Appease Mobs

    We should all think alike, dress alike, and like everybody (especially the business overlords)



  30. IRC Proceedings: Saturday, May 08, 2021

    IRC logs for Saturday, May 08, 2021


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