Bonum Certa Men Certa

Unitary Patent (UPC) Propagandists Are Louder Than Ever as Its Architect in Chief (Battistelli) is Probably About to Get Sacked

The 'danger' of democracy may become too much for the Unitary Patent Court to survive

Nothing new for Benoît Battistelli and Michel Barnier with their conspiracy to overcome democracy (imposed top-down) and shove UPC idealism down Europe's throat



Summary: The Unitary Patent Court, a deeply flawed system that almost nobody in Europe even knows anything about, is being negotiated behind closed doors and its leader, the EPO President (for now), may be on borrowed time

JUST as we're about to learn that Battistelli is history his biggest current 'project', the UPC, has patent lawyers panicking a bit, especially those who put all their bets (or eggs) in the UPC basket. Joff Wild of IAM (follow the money and the agenda [1, 2]) speaks for the EPO and the UPC (attributing mere claims of "success" to the UPC), making it two birds with just one stone. Cheerleading for the British government to fall into the UPC trap, i.e. running all over democracy by trying to make UPC happen without any public consultation on the matter, here is what came from the UPC propagandist (Ward) and a colleague [1, 2], only to be met with sceptical comments from those who aren't patent maximalists, e.g. patent lawyers. "Strange comments indeed about the UK re-joining the UPC after a Brexit," one person wrote. With context:



Strange comments indeed about the UK re-joining the UPC after a Brexit. I have yet to see an explanation (let alone a convincing one) of how that might work.

My main concerns, however, relate to the divergences in the laws of infringement for the four different categories of patents (national vs. opted out EPs vs. unitary EPs vs. not opted-out EPs). Given Spain's arguments relating to Article 118 TFEU, judges of the UPC may be reluctant to fix the matter (at least for the latter two categories) by relying upon direct references to the UPCA. Thus, significant problems could be caused by those countries that have ratified the UPCA without amending their national laws. With respect to the laws of infringement, at least France currently falls into that category - and, unless I have missed something significant, Germany looks set to follow suit.

What a fine mess we could be getting into!


"But such salaries are clearly insufficient to attract applicants from the EPO," wrote another person, "even taking into account the harshness of the working conditions." They are trying to slowly extinguish national patent offices and courts. The matter of fact is, UPC is anything but a done deal because many barriers remain, including Spain (we wrote a lot about this).

"Things that inherently work against Europe's interests shouldn't leap their way into law in spite of democracy."Some patent lawyers are evidently upset at my stance on this (see what I got last night from one [1, 2 3, 4, 5, 6]), but they only serve to reinforce my views on the UPC when they do this. UPC is good for large corporations (often from abroad), their patent lawyers (usually European), patent trolls, and of course software patents, based on a lot of internationally-renowned people who keep warning about this.

The UPC should go down into the ashtray of history, along with "Community patent" (another name for the same thing, promoted by Michel Barnier, who is close to Battistelli not just in the nationality sense, going back even half a decade ago) and Team Battistelli. Things that inherently work against Europe's interests shouldn't leap their way into law in spite of democracy.

Recent Techrights' Posts

Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
 
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025
Links 27/05/2025: Science Defunded, India Arrests an Academic
Links for the day
Gemini Links 27/05/2025: From Celsius to Fahrenheit and Deleting Social Control Media
Links for the day
Microsofters Have, in Effect, Attempted Extrajudicial Action Against Us
Courts and Judges (or Masters) don't exist to facilitate this kind of "bro" culture
UK High Court Masters Are Not Your Jesters, Microsoft
Judges aren't there for "funny" spectacles, they're there to act as arbiters in critical cases, not SLAPPs
Links 27/05/2025: Mass Layoffs at Volvo and More Evidence of 'AI' (Slop) Being a Passing Fad
Links for the day
The Code of Conduct (CoC) Gaslighting Phenomenon
There are still many people and projects foolish enough to outsource their labour to Microsoft via GitHub
They're Very Jealous of Richard Stallman and His Freedom (or Simple Lifestyle)
Jealousy is toxic because it can cause rational people to act irrationally and even severely harm themselves
Akira Urushibata on GNU coreutils
new message
Anouk Rozestraten (Deputy Director) Appears to Have Left the Free Software Foundation
Let's hope Rozestraten is still using and promoting Free software
There's Nothing Funny About Lawbreaking
There's plenty of room in society for humour, but "hacking" the state by breaking laws isn't cool or hip
More Mass Layoffs Coming Soon to Microsoft, Just a Question of When and How Many
Numbers from Washington were close to 5% and judging by prior rumours, it would be 5% + 5% (total 10%) at a later month
Links 27/05/2025: Bikes, Ideal Computers, and BYO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 26, 2025
IRC logs for Monday, May 26, 2025
Richard Stallman's Milan Talk (Public Presentation) Was Packed, Video Available Soon
Looks like they even ran out of seats
Gemini Links 26/05/2025: Intangible Stuff and Slop Issues
Links for the day
The Openwashing Shills Initiative (OSI) - Part I: Complaints to IRS or USDOJ Needed
If enough people do it, this will be more effective, more so if people who are based in the US do it
Open Source Initiative (OSI) Lobbying and the OSI's Status at Stake
At the end we plan to summarise all the issues in one very long article
Breaking Into Other People's Devices Without Authorisation Isn't "Funny" or "Research"
“Chaos was the law of nature; order was the dream of man.”
The Issue Isn't the Internet, the Issue is How People Are Taught to Use or Misuse It
The Web is circling down the drain. The Internet is not.
A Healed Reputation of a Movement's Leader and His Robust Message
The more aggressively you push against resistors, the more credibility they will gain
Links 26/05/2025: Deletions from Microsoft's GitHub, Telegram Blocked in Vietnam
Links for the day
Linux Released Last Night and There's Already LLM Slop With Slop Images
BetaNoise does not seem to mind this anymore
Links 26/05/2025: Walmart Layoffs and DRM Dumpster Fire ('Old' Fire TV Devices Lose Netflix Access)
Links for the day
Gemini Links 26/05/2025: USB Camera Viewer and Fantasy Life
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 25, 2025
IRC logs for Sunday, May 25, 2025