Bonum Certa Men Certa

Battistelli and His Circle -- Not Just Team UPC -- Still Delusional About the Prospects of a Unified Patent Court (UPC)

Long nose



Summary: The crazy theory or baseless belief that somehow, somewhere, by some truly miraculous means, UPC will suddenly become a reality, damaging the whole of Europe for the sake of patent law firms

IT IS TRULY SAD to see that Team UPC and the EPO's President are still living in a delusional world, surrounding themselves only with equally delusional people (echo chamber/choir). They want us too to live in a fantasy, and maybe even believe that the UPC still has a chance. We refuted/debunked this fairy tale many times in July (after Brexit) and to quote a comment we've received this week, "Germany will not ratify the UPC treaty. Thus the project is dead." It seems rather obvious, but when one has an agenda, reality has a distortion field. Unlike Team UPC, yours truly has no financial stake when it comes to the UPC. It's just that the UPC is unjust, it is undemocratic, and it would render many patent examiners (i.e. scientists) redundant. The UPC is very harmful to Europe, even though it will never happen anyway. It's just a lot of effort and resources down the drain.



Madman in chief Battistelli is still lobbying for the UPC. He never gets tired of this, having done so since before he was even a President at the EPO. "European Patent Chief Wants Post-Brexit UK In Unified Court" is the headline of a new article from Law 360 and some people are distorting this headline to suit their agenda ("EPO wants UK to ratify Unified Patent Court agreement despite Brexit" is not what the original said), equating the "EPO" with Battistelli as if it's a one-person organisation (Battistelli has 0% approval rating at the EPO, so clearly his own workers strongly disagree with him). To quote Law 360: "The European Patent Office is urging the U.K. to ratify an agreement to create a Unified Patent Court system for the European Union, even though voters in the country passed a referendum to leave the bloc, EPO President Benoît Battistelli said Tuesday."

Team UPC is desperately trying to float this dead project (Germany won't ratify it) and Italian elements of this team speak up amid new reports like this one ("Changing places: why Milan should host a UPC central division court"). We have heard it before (about Milan as a theoretical substitute for London), but it's not so suitable a substitute and it requires a massive overhaul of the UPC and what it stands for (not even renaming Milan "London" would shift all the skilled people to Milan). Found via Twitter was this firm of "Intellectual Property Consultants" (their own description) trying to convince us that the UPC is somehow coming because, in their own words:

Italian Parliament’s lower house passes ratification of Unified Patent Court Agreement



The lower house of the Italian Parliament has approved a bill on ratification of the Unified Patent Court Agreement, a passage through the upper house is necessary for final approval.

Yesterday the Italian Parliament’s lower house, the Chamber of Deputies, approved the draft law on ratification of the Unified Patent Court Agreement (UPC Agreement), with 302 votes in favour, 108 against and 25 abstentions.

The Unified Patent Court is the supranational tribunal that will eventually have exclusive jurisdiction on both European and unitary patents.

[...]

The Committee for EU Policy asked the government to consider the opportunity, within the United Kingdom’s Brexit process, of requesting that Italy forward its candidacy for the seat of the Unified Patent Court’s central division originally assigned London.

The bill must pass through the Italian Senate before final approval.



Several other Italian patents-centric firms want the UPC and spoke about it today. Why? Because it would pass Europe's wealth into their pockets while retarding science, technology, medicine, etc. The Unified Patent Court is not about Europe but about some European lawyers. Not even all of them...

For reasons we laid out before, the UPC is almost certainly dead and unlike some others who deny it here's one firm which at least acknowledges the role of Brexit in burying the UPC, probably in the whole of Europe if not just in the UK. "Netherlands ratifies #UPC agreement with press release noting uncertainty over Brexit," says this tweet, linking to a Dutch article. Watch what Bristows (probably the most vocal among Team UPC) wrote about it a short while ago. Certainly, especially in the UK, the UPC is a dead (Trojan) horse and Bristows speaks of a "Great programme from BBC radio4 on Brexit's impact on the #law including the #upc"

All this UPC lobbying is intended for Team UPC "to get what they want - the UPC in operation asap," said a new comment today. This rightly speaks of "delusions of grandeur":



I fear that delusions of grandeur abound. Much of the analysis (but not all) is based on how to get what they want - the UPC in operation asap. That seems to require the UK to sign up quickly, while the UK government is dealing with a Brexit scenario! There seems to be a lot of yes, yes but we are more important so the UK will act against its citizens' mandate as that's in our best interest. They may be surprised to hear that the UK government, irrespective of its personal opinion, is facing a new reality and may have reasons not to help them on this matter. It astounds me that there is such a lack of appreciation for the changed framework. All those pushing for change and acceptance of change appear to be the least able to accept change when it involves them.



No matter what self-serving patent law firms are saying, the UPC (or the unitary patent) is basically dead in the water. They try to mislead the public and confuse politicians. They tried this on David Davis here in the UK (Bristows). It's rude if not just pathetic. "UPC will not replace EPO patent opposition procedure," one person wrote, "further view from pharma industry" in the Managing IP UPC advocacy events in France and Germany last week [1, 2, 3, 4]. These lobbying events with the EPO inside were filled to the rim with Team UPC. To quote one person: "Thanks @ManagingIP for an excellent #patent forum http://bit.ly/2bUxYpI including key updates from @EPOorg on #UPC + industry perspective" (lawyers are not an industry but a meta-industry).

These patent law firms are trying to perturb patent law to increase their profits (more damages, more lawsuits) and one such firm published Unitary Patent, Unified Patent Court, and “Brexit”, having noted (from the lobbying events) that "British EP patent attorneys probably in better position to represent at #upc than English solicitors!"

We expect the conspirators behind the UPC to rename and restructure it, maybe start from scratch or try to patch the whole thing in vain. They won't know the impact/outcome of Brexit for years to come, so this is tremedously premature and they don't even know whether to include the UK or not. It's almost a non-starter.

Remember. Mark our words. The UPC will never happen, not under this name and not in this current form. It's just reality distortion.

Recent Techrights' Posts

IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
 
GNU/Linux and Android Trump Microsoft in Saudi Arabia, Bing Down Since the LLM Hype/Hysteria Began
Microsoft leaves a lot of money on the table
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025
IBM's Chronic Neglect Won't Save Anything and It Might Even Get IBM Sued
The problem is likely a lack of manpower, not deliberate shoddiness
Gemini Links 17/02/2025: Ideal OS, AuraRepo Alpha, and Simple Code
Links for the day
The "Cool Kids" Are Already Using GNU/Linux, Microsoft is Just Cheating
The future and the present are Linux
Links 17/02/2025: War on Dissent and Bloggers, Nationalism a Growing Theme
Links for the day
IBM Going International (and India)
It's Monday and a national holiday
GeekWire: Microsoft Bribes Us While We Cover Microsoft Affairs (Spin Doctoring), Hence We Are "Independent"
What good is a "journalist" sponsored by the very same company he or she writes about?
The Attacks on LinuxQuestions.org
Going to Clownflare only worsens the problem
The GNU Manifesto Turns 40 Next Month
The guardian of Free software (definition, licences, philosophy, hosting and so on) has managed to endure and persevere for 40 years. Very few others can say the same.
Microsoft Lunduke Belongs in 4Chan
Assuming Microsoft Lunduke is aware of the full context, he is now trolling not one but two decent organisations
In Europe and in India Richard Stallman Need Not Duck Anymore, People Trying to Cancel His Talk Have No Sway
the last time a talk by Dr. Stallman got canceled was about a year ago
Back From a Short Break
We can now resume and try to stick to the usual pace
Links 17/02/2025: LLMs Failing and Patreon Support Becoming a Burden to Bloggers
Links for the day
Links 17/02/2025: Blogroll Conundrum; Research, Scientists Under Siege
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 16, 2025
IRC logs for Sunday, February 16, 2025