Bonum Certa Men Certa

New Survey Shows That Even Patent Professionals Know That Team UPC is Lying About Unitary Patent Roadmaps

Team UPC is fooling/successfully misleading almost nobody but is still lying to everyone, finds/infers a new WIPR survey

Dave Croston in Financial Director
One example of plenty more fake news about the UPC (e.g. [1, 2, 3]), courtesy of those who stand to profit from legal Armageddon



Summary: The "Unified Patent Court (UPC) is unlikely to become operational by December 2017 [according to] nearly three-quarters of WIPR readers," but Team UPC continues to spread lies

JUST earlier this month WIPR published the results of a survey about the UPC, which emboldened us and reinforced our predictions. See our post titled "New WIPR Survey and Other Data Points Suggest That the Unitary Patent (UPC) is Dead, at Least in the UK".



“...it's time MPs talked about it, understood it and explained it - too important not to be publicly scrutinised...”
      --David Brooke
I spoke to someone from WIPR today (David Brooke). He said that he would "hardly think any MPs know what the upc is - pro or anti Brexit. not even sure carswell does either..."

"It's not simple to explain," I told him, and he agreed, adding that "it's time MPs talked about it, understood it and explained it - too important not to be publicly scrutinised..."

Max Walters‏, another frequent writer on the matter (not a patent practitioner, but one with profound understanding of the subject) weighed in and said: "They know that it can involve the CJEU. For some that should be enough..."

He also said: "How can it be ratified without a vote?"

“They know that it can involve the CJEU. For some that should be enough...”
      --Max Walters‏
"The concern is," I explained, "people who vote might know nothing about it except what CIPA (front group) says [...] that it's good for SMEs yada yada..." (that's a famous lie about the UPC).

Walters‏ then asked: "Didn't the IP Bill also give the sec of state power to ratify?"

FFII is currently trying to figure out the process and we are speaking with them about it.

Days ago Walters‏ wrote (adding a screenshot): "Still no MPs declaring support for Douglas Carswell's anti #UPC motion. Have to say I'm somewhat surprised by this..."

"They try to disseminate mere belief (false belief) that the UPC is unstoppable (just a matter of time), inevitable (a question of when, not if), and even desirable.""Not surprising given that they're not aware of what #upc does," I told him, "how patent law works, and #cipa lies to them..."

We still have some time to explain this to them. In a new survey, just published at the end of February, it is made abundantly apparent that WIPR's audience -- probably patent professionals in the UK for the most part -- is agreeing with what surveys previously showed. People in the profession don't swallow all the lies of Team UPC, which is just lying through its teeth with fake news in order to bamboozle politicians into a Unitary Patent hop. They try to disseminate mere belief (false belief) that the UPC is unstoppable (just a matter of time), inevitable (a question of when, not if), and even desirable. Here is what the new survey says:

The Unified Patent Court (UPC) is unlikely to become operational by December 2017, as predicted, according to nearly three-quarters of WIPR readers.

In January, WIPR reported that the UPC preparatory committee announced that the court can become operational in December this year.

And one reader said: “I have confidence that the UPC will be operational in December but uncertainties related to Brexit diminish its use.”

But most readers weren’t quite as optimistic. One major spanner in the works, they said, is Brexit.

UK Prime Minister Theresa May’s Brexit speech in January sparked concerns that the UK may seek to leave the UPC after Brexit.

“We do not seek to hold on to bits of membership as we leave,” said May, setting out a 12-step plan that the UK government will use for negotiating Brexit terms.


A question less loaded would not presume that it's just a matter of time. It might never happen at all. Most WIPR readers previously said so.

"A question less loaded would not presume that it's just a matter of time. It might never happen at all. Most WIPR readers previously said so."What does Team UPC do and say in the mean time? Have a look at Bristows with its villainous lobbying blog. It says "The Unified Patent Court is still on track to open in December 2017."

That's a lie. But keep repeating it, Bristows, and maybe some gullible politicians will actually believe you. Bristows is a truly nasty firm and anyone seeking an honest advice from them would be well advised to avoid.

"Imagine what would happen if we empowered and equipped large (often foreign) firms with injunctions Europe-wide."The only thing the UPC would bring to Europe (and the UK, if it ever miraculously passes and pervades) is patent trolls, more patent litigation, higher damages, and more patent injunctions. The London-based IAM would certainly love it; it even got paid to promote the UPC!

Imagine what would happen if we empowered and equipped large (often foreign) firms with injunctions Europe-wide. Imagine no more!

There are patent raids in Europe and IAM seems rather thrilled about it [1, 2]. The Mobile World Congress was supposed to be all fun and showcases (a couple of days ago), but instead there are raids to come. IAM wrote: "Barcelona court orders seizure of phones at Mobile World Congress over possible infringement of Fractus patent. [...] Phones were being displayed at the event by French and Chinese companies. Fractus applied for the order last week."

"It's not hard to see who such a system is desirable to as SMEs rarely operate in more than one nation anyway."That's a case of "I steal all your phones, because I allege you infringe some patents (in a rush, hardly a chance for defense!)."

Laws for the rich and powerful? That's UPC. And the above new story is a cautionary tale. Imagine what patent trolls would do with such powers; one ruling in one European city would be applicable not just in the EU but also beyond! It's not hard to see who such a system is desirable to as SMEs rarely operate in more than one nation anyway.

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