05.20.18

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2018/05/20/unified-patent-court-campinos/

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 18/6/2021: Mir 2.4, ActivityWatch 0.11, Microsoft Breaks Its Own Repos

    Links for the day



  2. [Meme] When the 'Court' Drops

    As the EPO sneakily outsourced courts to American companies and parties in dispute depend on their ISP for “access to justice” there’s a catastrophic impact on the very concept of justice or the right to be heard (sometimes you don’t hear anything and/or cannot be heard)



  3. The EPO's Virtual Injustice and Virtual ('News') Media

    A discussion of this morning's post (part 10 in a series) about the shallow media/blog coverage that followed or accompanied last month's notorious EPO hearing



  4. Links 18/6/2021: LibreOffice 7.2 Beta, Elementary OS 6.0 Beta 2, and Linux Mint 20.2 “Uma” Beta

    Links for the day



  5. The Self-Hosting Song

    Cautionary tales about outsourcing one's systems to companies that could not care less about anyone but themselves



  6. IRC Proceedings: Thursday, June 17, 2021

    IRC logs for Thursday, June 17, 2021



  7. [Meme] Swedish Justice

    The EPO‘s patent tribunals have been mostly symbolic under the Benoît Battistelli and António Campinos regimes; giving them back their autonomy (and removing those who help Battistelli and Campinos attack their autonomy) is the only way to go now



  8. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere

    The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media



  9. Links 18/6/2021: RasPad 3 and Pushing Rust Into the Linux Kernel

    Links for the day



  10. Heli Pihlajamaa Promoting Software Patents to Patent Maximalists

    "Ms Pyjamas" from the EPO is promoting illegal software patents to a bunch of patent zealots (CIPA)



  11. The Lying by Team UPC, Led Again by Kevin Mooney

    Team UPC, or specifically Mr. Mooney, lies to the public about the prospects of the UPC; similarly, EPO and EU officials keep bringing up false claims about the UPC, so while the UPC itself has likely died for good the lies have not



  12. Links 17/6/2021: Cutelyst 3 and Lenovo Move Towards ThinkPad BIOS Configuration From Within Linux

    Links for the day



  13. Too Much Noise and/or Distraction and General Loss of Focus (on the Real and Urgent Issues, Such as the Ongoing Anti-FSF 'Coup')

    The media is full of Microsoft fluff and technical blog posts still focus on the Freenode fiasco, among other things that don't matter all that much; but we certainly need to talk about steps undertaken to undermine the FSF's power because long-term ramifications may be huge



  14. [Meme] The Enlarged Bored People With Presidential Decrees

    The laughable state of the EPO‘s EBA (or EBoA) is rarely commented on anymore, not even in so-called ‘IP’ blogs; maybe they’re just so eager to see patents on everything, even European software patents, so tyrants who destroy the courts (with UPC lobbying and removal of EBA independence) don’t bother them so much anymore



  15. Response to Misinformation From EPO Officials

    Opponents of European software patents are clearly being mischaracterised by EPO officials, who also use meaningless buzzwords to promote such patents; as an aside or footnote that relates to our ongoing series we’re making this quick video, which is days late



  16. [Meme] Tilting the Scales for Software Patents

    Shovelling up lots of patents, even worthless patents such as software patents, dooms the EPO (EPC violations, lawlessness), dooms European professionals, but the wrong people have been put in charge and courts are being intimidated by them



  17. Virtual Injustice -- Part 9: Heli, the EPO's Nordic Ice-Queen

    Team Campinos is full of people who instead of grasping and working to promote innovation are boosting the agenda of litigation (scientists are not being employed)



  18. IRC Proceedings: Wednesday, June 16, 2021

    IRC logs for Wednesday, June 16, 2021



  19. Links 17/6/2021: elementary OS 6 Beta 2 and JingPad Linux Tablet Crowdfunding

    Links for the day



  20. Techrights Statement on IRC

    Freenode needs to explain what the hell happened this week and why communities that make up the network weren't informed or consulted



  21. IRC Proceedings: Tuesday, June 15, 2021

    IRC logs for Tuesday, June 15, 2021



  22. Virtual Injustice -- Part 8: A Well-Connected 'IP' Maximalist

    The EPO‘s lobbying for European software patents goes all the way to the top, including António Campinos and his circle



  23. Links 16/6/2021: Alpine 3.14.0 and DXVK 1.9

    Links for the day



  24. Links 15/6/2021: Debian Installer Bullseye RC 2 and Zink Updates

    Links for the day



  25. IRC Proceedings: Monday, June 14, 2021

    IRC logs for Monday, June 14, 2021



  26. Virtual Injustice -- Part 7: Musical Chairs and Revolving Doors

    Cross pollination in Alicante and Munich serves to show that people aren't picked for their skills and experience; it's like a private club or a clique



  27. Hardly Shocking and Not At All Surprising That Thugs Who Run the EPO Hired External Thugs to Help Them Oppress Aggrieved Staff

    With the EPO's management flooding the bank accounts of aggressive law firms (at our expense) we need to ask serious questions about how such a "Mafia" (what EPO staff calls the management) managed to metastasise inside Europe's second-largest institution and how to remove this "Mafia" as soon as possible (some arrests too are well overdue)



  28. [Meme] There Are No Elections in Mafia-Type Regimes; It's About Family and Friends...

    With no real concept or notion of "elections" (the so-called 'mafia' members choose their successors and colleagues) the EPO's patent examiners clearly need outside intervention, e.g. inquest by the EU authorities (the EPC died and maybe the EPO too; it's unregulated and it grants false patents that harm Europe because the courts don't function, either)



  29. Today's Linux Standing for the Opposite of What Linux Users Stand for

    The so-called 'Linux' Foundation or the "Corporate Linux Foundation" is alienating many of the original users of GNU/Linux and it still insults their intelligence; it's rewriting history, it still distorts the objectives, and before we know Linux will perish and lose momentum because all the excitement associated with the brand will fizzle away



  30. Links 14/6/2021: Kdenlive 21.04.2 and Raspberry Pi 400 Support in Linux

    Links for the day


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