Bonum Certa Men Certa

UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

Fieldfisher and UPC



Summary: The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see

There's a lot of very serious abuse (at least institutional) surrounding the UPC, much like in those 'trade' agreements with all the confirmed bribes. The UPC should be at least as scandalous as ACTA or the TPP, but the public is hardly aware of the UPC, there's no public input on it, and the driving forces behind it typically work behind closed doors (or in private events with high fees to attend and no input from critics).



The UPC is driven not by public demand but by the desire of some parties to essentially loot the public. It's like legalised theft, or systematic passage of wealth.The EPO has its own lobbyists Brussels and so do EPO allies like Microsoft, which employs Microsoft-connected lobbying groups in Brussels (for software patents in Europe -- a goal evidently shared by the Battistelli-led EPO). Does anyone know who funds the front/lobbying group “Fair Standards Alliance”? They don’t say, but we can make guesses.

Curiously enough, yesterday we found out that the legal firm that the EPO hired (i.e. paid) to bully me with legal letters is boosting the UPC right now. Well, another coincidence or alignment/intersection of interests? MIP wrote that in its partially-visible article (behind paywall). "Fieldfisher expand ahead of UPC launch," it says, and all I know Fieldfisher for is threatening legal letters that it sent me. Articles which highlighted the connection between Microsoft and the EPO is what they threatened me over, repeatedly.

As it turns out, based on yesterday's tweet from the FFII's President, the "German Ministry of Justice seems to prepare for UPC ratification, software patents like a letter to the post #swpat #nodebate" (indeed, no public debate at all, same as in the UK).

Patent firms love the UPC because more (and broader) lawsuits mean more income for them. As it turns out, based on input that we received yesterday, there is a lot of nepotism and lobbying in the mix. The German Ministry of Justice is implicated, too. To quote this source of ours:

Roy,

as regards your postings on who will benefit most from a unitary patent and Unified Patent Court, you might want to have a closer look to the article here:

http://www.stjerna.de/index_en_htm_files/The_requirements_of_Article%20118_1_TFEU.pdf

Its sections I. and II. describe a remarkable connection between the German Ministry of Justice and one of the leading German pro-UPC proponents, Prof. Tilmann (http://www.hoganlovells.com/winfried-tilmann/), a preeminent German attorney at Hogan Lovells, one of the leading patent litigation firms in Europe. Tilmann admitted that he had been given confidential court documents by the Ministry of Justice to publicly comment on these in favour of the UPC.

The article also cites a letter sent by his firm to a Committee of the House of Commons in 2012, trying to clarify that Mr Tilmann was not acting on behalf of Hogan Lovells, but was merely providing "his own personal views" - after he had apparently pushed his lobbying for the unitary patent and UPC a little too far. The letter was mentioned on the IPKat (http://ipkitten.blogspot.com/2012/05/when-unity-creates-division-kat-patent.html), it can be downloaded here (https://sites.google.com/site/ipkatreaders/unifiedpatentproposal/hoglove.pdf?attredirects=0&d=1). It is still a good laugh.

Regards


It seems possible that the only reason the European public has not yet scandalised the UPC is the secrecy around it, the lack of understanding (the EPO spends money on pro-UPC propaganda events), and lack of public participation.

We urge all readers, both inside and outside Europe (and inside the EPO or outside the EPO) to antagonise this injustice. The EPO spends a lot of money misleading the public so whistleblowers are needed. One reader told us yesterday: "thank you for tenaciously holding the EPO management to account. I don't necessarily see eye to eye with you on software patents, but I definitely agree with you on the state of the EPO."

No two people can agree on everything, but there are overlaps. It is also possible to work for the EPO (e.g. as an examiner) whilst also recognising the problems with the UPC. We strongly encourage readers to send us documents, pointers or any other material we should know about regarding the UPC. EPO management is understandably paranoid about UPC critics (it sees UPC critics even where there are none), as we stressed several times in the past.

Recent Techrights' Posts

What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025