03.17.18

Luxembourg Can Become a Hub of Patent Trolls If the EPO Carries on With Its ‘Reforms’, Even Without the UPC

Posted in Europe, Patents at 10:47 am by Dr. Roy Schestowitz

The EPO has elevated Luxembourg to a sort of Eastern District of Texas (EDTX) status in recent years

Luxembourg patent trolls

Summary: With or without the Unified Patent Court (UPC), which is the wet dream of patent trolls and their legal representatives, the EPO’s terrible policies have landed a lot of low-quality patents on the hands of patent trolls (many of which operate through city-states that exist for tax evasion — a fiscal environment ripe for shells)

THE EPO has said absolutely nothing about the UPC for a long time, except indirectly. Almost 2 months! The EPO no longer wants to look foolish by speaking about something which it knows will never materialise. Even the PR/communications people no longer mention the UPC. Sometimes we feel/think that the EPO’s PR people know that their time there might be running out or is very limited, so they just pretend that things are rosy, in order to collect more salaries and build up savings before the Office implodes.

“Sometimes we feel/think that the EPO’s PR people know that their time there might be running out or is very limited, so they just pretend that things are rosy, in order to collect more salaries and build up savings before the Office implodes.”The same goes for Team UPC; at this stage these people are just lying to themselves and to one another. It’s worrying to watch. The same goes for US law firms whenever they speak about Alice.

Team UPC’s (or Bristows’) Richard Pinckney continues to prop up the bogus narrative of UPC opposition coming from the far right (e.g. AfD) — something which British patent maximalism sites such as IAM also attempted when an MP from UKIP did the same in the UK. They basically overlook many of the real barriers in the UK and Germany and nowadays obsess over news from Luxembourg (as seen earlier this month and last year) with its minuscule number of European Patents but unique role in the UPC (Luxembourg’s role in EPO and UPC was explained here before). Luxembourg is also where some shells and patent trolls register. Yesterday we saw this new article from Luxembourg (in English, based on another report which wasn’t in English). To quote:

The electronic archives of the European Patent Office are to be housed in Luxembourg, using the same model of the Estonian e-embassy, according to our sister publication Paperjam.

[...]

In 2017, Luxembourg signed an agreement to establish Estonia’s first “data embassy” in the grand duchy in early 2018, with Estonia allocating €2.2 million for a five-year rental agreement.

The virtual embassy is located in a data centre in Betzdorf and will be operated by the Luxembourg government’s centre for information and technology (CTIE). The same data centre is used by the European Commission and Nato, among others.

With the exception of few in Luxembourg [1, 2], the political establishment there likes it. A lot of cash is derived over there from rather dodgy operations (tax evasion being the more notorious among them).

Meanwhile, based on yesterday’s report from IP Watch, the EU Council ignores the fact that the EPO’s actions under Battistelli are a boon to patent trolls. It’s like this council works for law firms, not real companies, or for countries such as Belgium and Luxembourg rather than Europe as a whole. To quote:

A coalition of companies holding patents in Europe has welcomed conclusions released this week by the Council of the European Union on tougher enforcement of intellectual property rights. But the group raised concern that the conclusions failed to recognise the steady rise in the EU of patent-assertion entities, or patent trolls.

The European Council of ministers on 12 March adopted a set of conclusions on the enforcement of intellectual property rights in the European Union, aimed at improving protection in the digital era and promoting innovation (IPW, Europe, 12 March 2018). This includes a list of suggested actions, including possible changes to national laws and judicial systems, bolstering customs, agreements with industry, encouraging open source, strong representation at the World Intellectual Property Organization, and possibly setting up an IP watch list reminiscent of the one in the United States.

[...]

The recent ground breaking report by Darts-ip, the world’s leading authority in intellectual property case law data, demonstrates that Europe’s innovation ecosystem and Europe’s operating companies are under increasing attack from Patent Assertion Entities (PAEs), also commonly known as “non-practising entities” (NPEs) or “patent trolls.” There has been a 20% year-on-year jump in PAE litigation. US-based PAEs initiated most of those suits (60%) and targeted applications of information and communication technologies (ICT) (75%). As application of ICT is central to innovation and growth across many industries, the consequences of these attacks will be far-reaching. Most importantly, data shows that it is not just large companies who are affected — almost a quarter of the unique defendants are European SMEs. Germany is the preferred venue, with 20% of all German patent litigation having been brought by PAEs.

They’re citing this recent study [1, 2], which Bristows and the patent trolls’ lobby (IAM) keep publicly attacking. They even attack people who have the 'courage' to cite this study.

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/2018/03/17/luxembourg-patent-trolls-and-epo/

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