05.20.18

Gemini version available ♊︎

António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

Posted in Europe, Patents at 8:40 pm by Dr. Roy Schestowitz

Michel Barnier (centre) lobbied for the UPC for many years (since the days it wasn’t even called UPC)

The three Frenchmen

Summary: Frenchmen at the EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren’t on their side (unlike Team UPC, which was always on Team Battistelli’s side)

YESTERDAY we wrote about the TC Heartland determination turning one. Lawyers, especially upon this decision’s anniversary, still try to work their way around it. They want to make it possible to drag companies into patent courts/trials far away from where they’re based. In re HTC Corp. was recalled yesterday (Sunday) by Watchtroll. “The patent venue statute does not apply to foreign corporations sued for patent infringement,” it said. “These foreign defendants may be sued in any judicial district where they are subject to personal jurisdiction.” This is part of a pattern.

We find this quite relevant to the UPC/Brexit debate. Can British companies be sued over patent infringement in other countries (for their activities inside Britain)? With court proceedings that aren’t even in English? This question has been brought up in the constitutional complaint in Germany (the language and the UK’s status in Europe).

“Can British companies be sued over patent infringement in other countries (for their activities inside Britain)?”Patent maximalists and Team UPC in their lawyers-centric sites don’t seem bothered by such questions. They seem so eager to see a torrent of new patent lawsuits, so earlier this month they were in “full fanboi” mode for the UPC.

Max Walters, a journalist rather than a lawyer, called it the “patent court’s Brexit paradox”. August Debouzy, boosters of Battistelli agenda, spoke of “the disappearance of a statute of limitations”. Law firms were generally enthusiastic however. FB Rice’s Jeremy Dobbin, Madeleine Kelly, Steve Gledhill, Andrea Ruhrmann, Eddie Walker, Toby Thompson and Will Morgan acted as though UPC is inevitable, George Tebbutt (Haseltine Lake LLP) said it “inches closer,” and Mayer Brown LLP’s Oliver Yaros, Mark A. Prinsley, Dr. Ulrich Worm and Christoph J. Crützen wrote 6 days ago that Britain had ratified (no matter if it’s not really possible for the country to ever participate).

“Long story short, there are serious and tough questions to be asked — ones that Team UPC is unwilling to answer, let alone bring up.”Even Joff Wild, who had promoted the UPC on the EPO’s payroll (the PR department/external agencies), cited this article from yesterday and wrote in IAM that the situation “could explode politically”. Mr. Wild makes it no secret that he opposes Brexit (he said so for a couple of years) and here is his explanation:

It is, for example, the British public’s complete ignorance of IP law and policy – and the consequent total lack of interest that it inspires among the country’s politicians – that allowed the UK government to ratify the UPC agreement last month.

It happened, let’s not forget, despite questions the move raises about the post-Brexit role of the Court of Justice of the European Union; and the apparent contradiction inherent in insisting on taking back control while signing up to a treaty that means, for the first time, judges from outside the UK will decide on infringement and validity issues, as well as remedies, in patent litigation directly affecting the UK.

In the same way, you are not going to get much more than a shrug of the shoulders from 99% of the British population when it is finally decided what happens to Community trademarks currently valid in the UK or how the country’s copyright regime might evolve once EU directives and regulations no longer apply here.

[...]

Today’s Observer reports that UK and US officials are secretly discussing some of the issues that will need to be sorted out if a post-Brexit trade deal between the two countries is going to happen. One that has been identified is changing the definition of what can be classed as whisky. That is something which would have huge ramifications in Scotland.

What’s more, the report states: “The US also wants protected designation of origin, which safeguards products such as Cornish pasties or Melton Mowbray pork pies, dispensed with because they “undermine access” for US producers.”

Long story short, there are serious and tough questions to be asked — ones that Team UPC is unwilling to answer, let alone bring up.

It’s obvious that Battistelli will never see the UPC, not as EPO President anyway (there are speculations that he hopes to become the UPC’s chief). António Campinos becomes the EPO’s President next month. We now have a new Web (Wiki) page about articles that focus on him. Mr. Wild speaks a great deal about trademarks — a topic/aspect currently dealt with by the EU-IPO, headed by Campinos. We expect Campinos to work hard and push hard towards the UPC; whether he will lie about it as routinely as Battistelli did remains to be seen, but remember that Team Battistelli remains in tact and Campinos does not intend to alter its composition (based on inside sources).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 22/10/2021: Global Encryption Day

    Links for the day



  2. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  3. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  4. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  5. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  6. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  7. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  8. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  9. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  10. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  11. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  12. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  13. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  14. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  15. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  16. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...



  17. Links 21/10/2021: PostgreSQL JDBC 42.3.0 and Maui Report

    Links for the day



  18. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  19. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement



  20. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord

    The Finnish outpost has long been strategic to the EPO because it can help control the vote of four or more nations; evidence suggests this has not changed



  21. [Meme] Living as a Human Resource, Working for Despots

    The EPO has become a truly awful place/employer to work for; salary is 2,000 euros for some (despite workplace stress, sometimes relocation to a foreign country)



  22. Links 20/10/2021: New Redcore Linux and Hospital Adoption of GNU Health

    Links for the day



  23. IRC Proceedings: Tuesday, October 19, 2021

    IRC logs for Tuesday, October 19, 2021



  24. Links 19/10/2021: Karanbir Singh Leaves CentOS Board, GPL Violations at Vizio

    Links for the day



  25. [Meme] Giving the Knee

    The 'knee' champion Kratochvìl and 'kneel' champion Erlingsdóttir are simply crushing the law; they’re ignoring the trouble of EPO staff and abuses of the Office, facilitated by the Council itself (i.e. facilitated by themselves)



  26. Josef Kratochvìl Rewarded Again for Covering Up EPO Corruption and the EPO Bribes the Press for Lies Whilst Also Lying About Its Colossal Privacy Violations

    Corrupt officials and officials who actively enable the crimes still control the Office and also the body which was supposed to oversee it; it's pretty evident and clear judging by this week's press statements at the EPO's official Web site



  27. [Meme] Sorry, Wrong Country (Or: Slovenia isn't Great Britain)

    Team UPC is trying to go ahead with a total hoax which a high-level European court would certainly put an end to (if or when a referral is initiated)



  28. How Denmark, Iceland, Finland, Norway and Sweden Voted on Patently Unlawful Regulations at the EPO

    We look back and examine what happened 8 years ago when oppressed staff was subjected to unlawful new “regulations” (long enjoyed by António Campinos, the current EPO autocrat)



  29. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc

    We start our investigation of how countries in northern Europe ended up voting on the unlawful “Strike Regulations” at the EPO and why



  30. Proof That Windows “11” is a Hoax

    Guest post by Ryan, reprinted with permission


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