Bonum Certa Men Certa

Enablers of Constitutional Violations and Unified Patent Court (Unitary Patent) Dreams

Now judges are being co-opted as well (because bribing media and academia has not been sufficient)

Robin Jacob
Photo credit: Emma Longland (photograph of Robin Jacob in an IAM think tank)



Summary: The Unified Patent Court (UPC) lobby -- or Team UPC -- which managed to enlist a former judge (the one above), is riding the back of IAM, an EPO-funded propaganda arm that's shameless about lying to people to keep those bribes coming

TOMORROW the European Patent Office (EPO) will kiss goodbye to the UPC. It's finished. António Campinos knows it. Battistelli also knew that, but he hoped that Brexit would not happen.



"UPC was all along nothing but a Trojan horse for software patents in Europe, raids, trolls, and even worse things (it's absolutely crazy that UPCA even got off the ground and earned a few ratifications!)."This happens to be one of the few and rare 'upsides' of Brexit. UPC was all along nothing but a Trojan horse for software patents in Europe, raids, trolls, and even worse things (it's absolutely crazy that UPCA even got off the ground and earned a few ratifications!).

Yesterday in Mirage News someone published "Intellectual property and transition period" (of Brexit). "You can apply for a European patent through us or direct to the European Patent Office (EPO) to protect your patent in more than 30 countries in Europe," it said, but many granted patents are rejected by courts! Now more than ever.

Here's more:

The UK and EU have ratified the Withdrawal Agreement. This allows the UK to depart the EU on 31 January 2020 and for the transition period (1 February 2020 to 31 December 2020) to begin.

During this time, EU law will continue to operate as it does now in the UK. The Intellectual Property (IP) system will continue as it is until 31 December 2020.

There will be no disruption to IPO services or changes to the UK IP system during this transition period. The IPO will convert almost 1.4 million EU trade marks and 700,000 EU designs to comparable UK rights at the end of the transition period. These will come into effect on 1 January 2021.

The arrangements in the IP section of the Withdrawal Agreement take effect at the end of the transition period. These arrangements provide legal certainty and protect the interests of rightsholders and users of the IP framework.

The Withdrawal Agreement ensures continued protection of existing EU-level IP rights in the UK after the end of the transition period.

This will ensure existing UK IP rights can be managed appropriately in line with existing domestic arrangements.

[...]

Patents

You can apply for a European patent through us or direct to the European Patent Office (EPO) to protect your patent in more than 30 countries in Europe, using the (non-EU) European Patent Convention (EPC).

As the EPO is not an EU agency, leaving the EU does not affect the current European patent system. Existing European patents covering the UK are also unaffected.

European patent attorneys based in the UK continue to be able to represent applicants before the EPO; see the news story on the EPO website.


"As the EPO is not an EU agency," they said, "leaving the EU does not affect the current European patent system."

The UPC is. It's an EU system. And hence it's untenable. The UK leaving the EU means that the whole UPCA is a piece of outdated and legally invalid junk. It's toilet paper, however glorified (law firms spent much of their money on it, hoping for high RoI).

"The UK leaving the EU means that the whole UPCA is a piece of outdated and legally invalid junk. It's toilet paper, however glorified (law firms spent much of their money on it, hoping for high RoI)."Coming yesterday from "City, University of London" was another new piece about Brexit and there's a section about patents. It says that "the UK will participate in the Unitary Patent and Unified Patent Court system" as if the UK can participate (it cannot) and as if it already exists. Those are the two famous lies of Team UPC. These two lies are STILL being spread. Not only does the UPC lack legal validity; it doesn't exist and no such thing will exist, so it is a loaded statement. It's dead for many reasons, including Brexit (there are other reasons too).

Here's the full section of the text:

Senior Lecturer and Intellectual Property and Trademark Law researcher, Dr Enrico Bonadio said:

“In the post-Brexit era, intellectual property (IP) law faces an uncertain future. The impact of Brexit on IP rights cannot be foreseen with certainty and depends on the outcome of negotiations and agreements made between the UK and the EU during the upcoming second phase of the negotiation. It is uncertain, for instance, if the UK will participate in the Unitary Patent and Unified Patent Court system, despite the UK’s ratification of the relevant agreement in April 2018. As far as EU trade marks and designs go, what appears certain is that EU trademarks and designs will no longer have effect in UK - with the British government creating (at the end of the transition period) a comparable UK trade mark for every registered trademark or design, without charging for it. The British government has also said it will not implement the EU Digital Single Market Directive, which leaves open the possibility the UK will diverge in the digital and copyright fields.”


As we noted the other day, IAM was about to use Robin Jacob for UPC propaganda. They had announced this upfront. This was the marketing strategy.

Emma Longland wrote about Robin Jacob's words on Twitter, all this while attending an IAM event (patent maximalists' think tank), sponsored by the EPO's PR firm for UPC propaganda. These think tanks of patent trolls need to be called out if not shut down (if possible). They corrupt our democracy and this is in fact their business model.

As for Longland, the very fact that she's attending says a lot about her (or her employer). She's pushing CRISPR patents (her description in Twitter says "EP & UK Patent Attorney, HGF Ltd. Life Sciences esp CRISPR"), so basically patents on life and nature...

"As we noted the other day, IAM was about to use Robin Jacob for UPC propaganda. They had announced this upfront."Have these people no sense of humility and shame?

This is what she wrote about the 'main attraction' -- a judge turned de facto lobbyist of the patent 'industry'. "Attending meeting about UPC on Thursday," Longland wrote, "it's still alive, they want it in Europe and I'm in charge of appointing judges; Sir Robin Jacobs, @IAM_magazine #PharmaBioIP – At The Bloomsbury Hotel"

Expensive hotel and expensive propaganda, spreading (again) the lie that UPC is alive. This wouldn't be the first time he says that; he said that before and Team UPC was ever so delighted.

But no, there's no UPC without the UK as they'd have to start all over again (rewriting, re-ratifying, dealing with several constitutional violations, EPO corruption etc.). "Also," I responded to Longland, "when you say "they want it in Europe" by "they" you mean Team UPC i.e. litigators and trolls (or their lawyers). Everybody else would loudly opposed it (if they knew what it really was; most never heard of it)..."

"...there's no UPC without the UK as they'd have to start all over again (rewriting, re-ratifying, dealing with several constitutional violations, EPO corruption etc.)."We don't pick on Longland per se but on the person she mentions, Robin Jacob. We're not alone either; even some attorneys see the ethical breach there...

Longland also tweeted: "Sir Robin Jacob - populism has been dictating the answers in the patent system, e.g. Prometheus and Myriad in US, and we haven't been defending the Pharma patent system enough; keynote address, @IAM_magazine Pharma & Biotech IP event pic.twitter.com/dGCLE7V1yt – At The Bloomsbury Hotel"

An event funded by lawyers of "Pharma & Biotech" tells us that what 99% of people want and need is dumb, stupid and "populism"; we should really just do everything that's dictated by the patent "barons". After all, who cares about science, public interest etc. anyway? The 'church' of "Pharma patent system" -- like the "free market" (i.e. deregulated oligarchy), should decide on everything...

This is very typical IAM, which later had to clarify, under pressure, that there's a misunderstanding or misrepresentation (which IAM was happy to exploit). "Just to clarify," IAM wrote, "he’s not a judge anymore!"

"An event funded by lawyers of "Pharma & Biotech" tells us that what 99% of people want and need is dumb, stupid and "populism"; we should really just do everything that's dictated by the patent "barons"."Oh, now you mention that? Having built hype to sell seats and propaganda?

"Revolving doors do tend to -- well... -- revolve," I told him.

He's "not a judge anymore!"

But he was.

And his decisions still bear much effect on the system.

Matteo Pes, an attorney who is occasionally critical of the UPC (we respect his sincerity), then wrote on Twitter: "Yes, but what you do/say after you get retired as public servant affects the perception of the people of what you did as public servant. I really don't like those words..."

Judges for hire. Apply now... for think tanks.

It is obviously very bad when the general public gets the perception -- nakedly proven -- that judges may 'monetise' their authority later on, e.g. by receiving a pre-promised job from some oligarch looking to reward them for a decision (or systematic pattern of them). It's bribery.

"It is obviously very bad when the general public gets the perception -- nakedly proven -- that judges may 'monetise' their authority later on, e.g. by receiving a pre-promised job from some oligarch looking to reward them for a decision (or systematic pattern of them). It's bribery."What's pointed out above, with detailed description of what the judge did (photographs included), will hopefully be noticed by the FCC in Germany. This is exactly the kind of thing which makes the UPC unacceptable, not only constitutionally untenable. It's like a system 'bought' by the industry or a mere section of it (the monopolists), aided by lawyers who are paid for it.

"Bundestag asked to submit comments on UPC complaint," Benjamin Henrion noted, pointing to the latest "Update (27/01/2020)" from the famous complainant (who had worked for a Team UPC firm before he turned against it).

"EPO cannot be brought to court," Henrion explained, and "this is like the Police violenting [sic] people and which cannot be brought to Court for maladministration..."

Here are latest three updates from the complainant in Germany:

Update (29/05/2019):

In its Opinion 1/17 of 30/04/2019 on the compatibility with Union law of the planned Investor-State Dispute Settlement Mechanism (“ISDS mechanism”) in the Comprehensive Economic and Trade Agreement (“CETA”), the CJEU (Full Court) once again confirms its requirements as to the protection of the principle of Union law autonomy in relation to international courts, cf. here.

Update (29/11/2019; 16/01/2020):

As a sidenote to recent events, between 24 and 26/11/2019 a delegation of the German Federal Constitutional Court visited the UK Supreme Court, discussing, inter alia, “the justiciability of issues relating to the separation of powers” (cf. the official press statement of 27/11/2019).


Update (27/01/2020):

In the constitutional complaint proceedings before the Federal Constitutional Court (BVerfG) with docket no.s 2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16 and 2 BvR 561/18, which deal with the compatibility of acts of the European Patent Office with the German Grundgesetz, the German Bundestag decided in its 115th session on 26/09/2019 to appoint a representative and to submit comments (cf. the Plenary Protocol of 26/09/2019, section 14033 C [German language] and the resolution of the Committee on Legal Affairs and Consumer Protection of 25/09/2019 [German language]).

According to the usual procedures, this suggests that the BVerfG has shortly before granted the German Bundestag, which, amongst others, must be mandatorily involved pursuant to sec.s 23(2), 94(4), 77 of the Federal Constitutional Court Act (BVerfGG), an opportunity to submit comments in these proceedings and has set a respective deadline.

In the constitutional complaint proceedings on the UPCA, the same procedure took place already at the end of 2017 (cf. the Plenary Protocol of 13/12/2017, section 361 C [German language] and the request by the CDU/CSU Parliamentary group to file such comments [German language]); also cf. the above update of 28/02/2018.



The comments in German may seem to exclude input from other EU nations (concerned about the UPC), but this particular complaint refers the German constitution alone, so it probably makes sense.

There are many constitutional violations or at least 4 aspects of these. That does not even take account of constitutional violation in other European countries.

"Those who care about the integrity of the EU would ferociously oppose the UPC and anything of its kind. It's not "unified" or "unitary" or "community" but a coup of the litigation zealots."As Henrion noted, citing Bristows (Team UPC): "Sky v SkyKick: troll trademarking "computer software". At least on trademarks the CJEU will cast some sanity in the system, not like for the coming UPC, where the patent microcosm will evolve in the reclusion and silence of a Trappist monastry..."

Something like the UPC is vendor-captured court. It's not really subjected to public scrutiny and it is steered by patent maximalists rather than people who respect laws and constitutions. Such a court would be a massive slap across the face of the EU and merely contribute to more "exits" (like Brexit). Those who care about the integrity of the EU would ferociously oppose the UPC and anything of its kind. It's not "unified" or "unitary" or "community" but a coup of the litigation zealots. Sure, it has been misnamed and falsely marketed. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
 
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026
Another Form of Microsoft Silent Layoffs: Workers That 'Expire'
When the media becomes a lapdog, not a watchdog, false narratives gain traction
Carte Blanche for GPL Violations 4 Days Ago (by Torvalds)
Slop disclosure is no longer required for the Linux Kernel
There Are No Women That Are Kernel Developers Sent by Corporations Which Claim to Champion Diversity
As noted the other day
Sites with "Linux" in Their Name Cannot Slop and Retain Readers
if they write about "linux "(or "Linux") using LLMs they will be caught, then shunned
At Microsoft, the Silent Layoffs Impact Executives Also
Microsoft hid the real story of Helen Chiang
Linus Torvalds Defected to Enshittification
Linus Torvalds is betraying a generation of high(er) standards
Links 25/10/2026: TMZ Revisits Epstein's Connections to Bill Epsteingate, "Italy Hit by New Cost of Living Protests"
Links for the day
Microsoft’s Spin About Mass Layoffs and Shutdowns: They "Never Should Have Existed"
Microsoft-sponsored spin
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026