Bonum Certa Men Certa

Will the Patent Microcosm of London Please Stop Misleading the Public About UPC?

Remember where UPC money and support come from (Battistelli and his PR agency)

IAM events



Summary: Response to some British blogs that want us to believe that the UPC is about to come true, even in the face of very obvious barriers and facts that are not convenient to Team Battistelli and Team UPC

THE EPO is not alone in lying about the UPC. Team UPC helps with that and all of them do so for personal gain, not because the UPC would be desirable to Europe.



Joff Wild's wild and loaded latest headline ("As the UK moves closer to UPC ratification, there could be a litigation spurt at the new regime's birth") wants us to forget that the UK simply cannot ratify the UPC. We have already explained this in the following series of recent posts:



Wild, being an habitual Battistelli mouthpiece and UPC pusher (the EPO even supported Wild's pro-UPC events), now repeats Bristows' talking points, first in Twitter and then in a "blog" that says:

The UK’s ratification of the Unified Patent Court agreement moved one step closer yesterday with the confirmation that it had signed the UPC’s Protocol on Privileges and Immunities. This provides EU privileges and immunities to the court’s judges in those countries hosting divisions of the court and signing it was a necessary step on the path to the UK’s full membership of the system.


What a misleading pile of rubbish. This does not change anything when it comes to tackling the main barrier, which is Brexit. And without London there is no UPC, either.

Responding to the latest from Team UPC ("Bristows UPC" to be precise), we have some new public comments that remind Team UPC to get off its high horse. Bristows' site is pretty much dead (maybe a few visitors per week, not even much activity), so like a parasite it's now preying on a host, IP Kat. A lot of the pro-UPC talking points get posted there by Bristows staff and the responses are more or less the same. IP Kat readers are not gullible enough. As the first comment put it:



This is so unreal! How can they ratify an agreement that depends on EU membership??? Would the EY really go ahead with spending money on this stillborn part of the UPC? What do they think they are doing???


UPC is dead here and Bristows refuses to accept it, having invested much time and money on UPC propaganda, marketing (not the same thing, includes a rebrand), etc. Here is the next comment:



My guess is that no one actually read the UPC article in detail and that therefore no decision maker is really aware of Art. 20 and Art. 21 of the UPC agreement. We should not forget that politicians often are no lawyers and get a lot of knowledge via Powerpoint from their staffers who might be general lawyers but no IP experts.

At least this is my explanation for what is going on.

My second theory is that Italy was heavily lobbying that the seat of the court is going to Milan rather than London and the UK government felt that it is necessary to stop this at least for the time being by indicating that they will ratify.



One person says in this comment that Lucy did what she did "so as not to block the UPC for other EU member states. Since the UK will be out of the EU, it does not really care what the other EU states get up to and if they want their UPC system, let them have it."

Another person explained it like this:

To me, it would appear to be a tactical exercise in frustration, something that successive UK governments have been very good at ever since the UK became a member of the EU - pre-23/06/2016 : we want in, but we don't really want to play in the same schoolyard as everyone else - post-23/06 : now we want out, and we'll be damned if anyone else is going to grab the main venue court (glares at Italy and Germany alike) and take it away from London until we've hammered out "the best deal possible" for the rest of the exit proceedings. It thus gives the UK government another iron to put in the fire and keep warm while both the EU and UK (ir)responsible ministers bluster about principled positions. Sometimes cynicism really is the mother of all diplomacy. It really all makes perfect sense.


In reality, what Lucy did is likely to further delay things and put the whole system in a deadlock which is contingent upon Brexit. This, in part, is why the UPC won't be going anywhere any time soon. Another comment on the topic said:



Well, it looks like there was some truth in the well-informed rumours that I heard: http://ipkitten.blogspot.co.uk/2016/12/will-uk-industry-suffer-from.html?showComment=1481284766354#c8489500711255308227

What you make of this will, I guess, depend upon which side of the UPC fence that you sit.

With the UK legal profession being the principal beneficiary of the move to ratify, I guess that the government decided that it may as well benefit from the extra tax revenue that will come its way from the bumper profits that will be generated by UK lawyers. Set against that, the (very obvious) disadvantages for "industry" probably looked a bit less concrete.

It's just a shame that the system has now been set up so that no one in their right mind (or at least no one who wants patent protection in the UK) will seek to obtain unitary patents... which, coupled with all of the opt-outs that will be filed, could make the workload of the UPC very light indeed!


Team UPC is not sober. It's drunk on Kool-Aid. If it's not deliberately lying (the self-fulfilling prophecy method), then we should worry about the mental state of people who wish to inherit and dominate Europe's legal/juridical system for handling of patents.

Recent Techrights' Posts

GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024