02.11.18

In Spite of Suppression Attempts, Resistance to UPC and EPO Tyranny Still Enters Kluwer Patent Blog

Posted in Europe, Patents at 6:47 am by Dr. Roy Schestowitz

Kluwer on Battistelli

Summary: A popular forum for discussion about patents in Europe is growingly repressive when it comes to free speech (the same goes for IP Kat), but sometimes the voices of resistance — i.e. sobering truth rather than shameless self-promotion — still manage to be published there

THE writers at Kluwer Patent Blog have long been the main pushers behind the UPC. That’s hardly a secret. It’s very easily demonstrable. There are maybe, at most, two contributors there who dare mention EPO scandals. They otherwise turn a blind eye, with a couple of exceptions very recently.

Sometimes they cover USPTO matters and a few days ago they wrote about the EPO only in relation to a European Patent (but never about any European scandals). To quote this example:

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was the co-inventor (and co-owner) of a patent application filed by Hollister.

In 2011, Hollister filed its European patent application EP 11175010.5 regarding a catheter package and the EPO stated its intention to grant a European patent to Hollister on that basis. The EPO had issued a Druckexemplar including the patent claims that the EPO in-tended to grant. The Court decided to render its judgment on the basis of the Druckexem-plar.

On Friday, as we noted here before, Kluwer Patent Blog published a bunch of UPC lies, seemingly composed anonymously by Bristows. The lies begin from the very first sentence. We saw several people online picking on these lies, but leaving comments to that effect might prove hard (Bristows deletes comments in that blog). The following new comment got past the even stricter moderation (censorship policy intended to suppress voices against the UPC — voices that some Kluwer writers conveniently describe/dismiss as just "trolls" and "idiots").

That this comment got in is somewhat of a miracle, so we would like to quote it:

I find the following an interesting statement:
“Ramsay hopes the UK will complete the ratification formalities of the UPCA and the Protocol on Privileges and Immunities soon and that it can stay in the UP system post-Brexit”.

This is a clear (albeit indirect) acknowledgement that the UK’s post-Brexit participation is not guaranteed. Nice to see reality finally acknowledged.

However, it is a shame that it stops there. This is because many of the uncertainties over the UK’s continued participation in the UP system are equally applicable to the question of whether the UPC Agreement is (or will continue to be) compatible with EU law.

The clear (and repeated) indications from Westminster are that the UK will be leaving both the single market and the customs union, as well as the jurisdiction of the CJEU. The rationale behind this is that only by doing all of this will the UK be able to control immigration from EU Member States, and to conclude its own trade deals with other countries / regions. The government has strong drivers to stick to this rationale, including avoiding both electoral suicide and disintegration of the governing party.

It is therefore wishful thinking to believe that there can somehow be special deals to suit the interests of specific (eg financial or legal) sectors. The UK government has far more pressing problems than working out how to strike a deal that (somehow, magically) submits the UK to the jurisdiction of the CJEU (AND all potentially relevant EU laws) just for the purposes of patent and SPC disputes at the UPC. An example of the more pressing questions is how, if the UK is leaving the customs union, will it be possible to avoid putting in place a “hard” border between Northern Ireland and the Republic of Ireland? My suggestion is that hopes of the UK staying in the UP / UPC system should be put on hold until, at the very least, a workable solution to the Irish problem has been found.

Whilst such realities may not be pleasant to contemplate, we should at least acknowledge them. A good first step on this path would be, BEFORE the UPP comes into force, to pose questions to the CJEU about compliance of the UPC Agreement with EU law. The only way for this to happen is if the BVerfG admits the constitutional complaint for a full decision. Thus, arguing against admission of that complaint hardly seems a sensible strategy, as it amounts to nothing more than a wish and a prayer that the whole system will not come crashing down when reality finally bites.

Thorsten Bausch, one of the very few bloggers there who dare mention EPO scandals, has just started a series about the EPO’s deviation from its goals/spirit. Last night he published part 1, alluding to the vision that the EPO recently altered, as we noted last year:

At a minimum, the EPO’s vision shows what the Office wants to be. Moreover, it gives some clues about the criteria in which the EPO wants to excel and, hopefully, accepts being evaluated. Summarized briefly, these are:

o Expert, well-supported and motivated staff
o Quality (EPO aims high by aiming at “standard-setting worldwide”)
o Relationships (both within the EPO and the outside world) prospering through
— Trust
— Transparency
— Fairness and
— Mutual Respect
o Efficient services delivered under the EPC.

I will therefore endeavour to draft a series of four contributions on this blog over the next couple of weeks, setting forth my personal experiences and opinions on where the EPO currently stands with regard to each of these criteria. As always, your comments, also critical ones, are welcome, but please stay respectful and to the point. Our overall aim should be to help reaching the EPO this commendable vision. This may (and sometimes must) include critique, but does not justify personal aggressions against persons having a different opinion than yours.

The term “personal aggressions” is rather odd and very Battistelli-esque. To Battistelli, differing opinion constitutes aggression and merits dismissal, demotion, etc. Some Kluwer bloggers went as far as to label differing opinions (e.g. on UPC) “trolls” and “idiots”. Freedom of speech isn’t a concept these people quite grasp. Techrights received 33,698 comments and never deleted even one (not even very rude ones).

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/2018/02/11/resistance-to-upc-and-epo-tyranny/

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. Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released

    Links for the day



  2. Freenode is IRC... in Collapse

    Freenode is now down to just 13,194 online users, which makes it the 6th biggest IRC network. Months ago it was #1 with almost 6 times as many users as those below it. The graph above shows what the latest blunder has done (another massive drop in less than a week, with a poem and the all-time chart at the very bottom).



  3. Barrier and Synergy Can Work Together, Connecting Lots of Different Machines

    Barrier and Synergy can be configured to work properly in conjunction, though only provided different port numbers (non-default) are specified; in my current setup I have two computers to my right, working over Barrier, and two older ones on the left, working over Synergy; the video explains the setup and the underlying concepts



  4. Links 2/8/2021: Open Science in France and Zoom Pays to Settle Privacy Violations

    Links for the day



  5. It Almost Feels Like Battistelli Still Runs the EPO (by Extension/Proxy)

    The "Mafia" that destroyed the EPO is still being put in charge and is using the EPO for shameless self-promotion; it is never being held accountable, not even when courts demand remediatory action and staff seeks reparations



  6. [Meme] Vichyite Battistelli Committed Crimes and His Buddy António Snubs Courts That Confirm These Are Crimes

    Staff of the EPO is coming to realise (or reaching acceptance of the fact) that the spirit of Battistelli — not just people he left in charge of the EPO — dooms the Office and there’s no way out of this mess



  7. Links 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  8. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  9. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  10. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  11. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  12. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  13. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  14. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  15. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  16. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  17. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  18. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  19. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  20. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action



  21. Raw: Elodie Bergot Breaking the Law by Threatening Against the Exercise of Fundamental Rights

    Over the years we saw a number of rude letters from Elodie Bergot, the grossly under-qualified spouse of a friend of Vichyite Benoît Battistelli; most of these we never published (we already have these and can always publish if the need arises), but those paranoid and insecure “Mafia”-like ‘cabal’ need to be exposed for the mobsters they are; for nearly a decade they’ve illegally bullied EPO staff in clear violation of the law (and for over 3 years António Campinos has kept those bullies on board); why does Europe do nothing and why is it never holding high-profile abusers accountable (only low-level facilitators)? Is it because the EU too is being infiltrated by them?



  22. Linspire Should Be Avoided in 2021 Just Like It Was Avoided 14 Years Ago

    The brand "Linspire" was brought back, but the agenda seems to be more or less the same, namely pushing proprietary software and serving Microsoft's commercial agenda (in 'Linux' clothing)



  23. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  24. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  25. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  26. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  27. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  28. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  29. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  30. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.


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