Bonum Certa Men Certa

The British Election May Have Just 'Killed' the Unitary Patent (UPC)

Jeremy Corbyn Jeremy Corbyn might actually become the next Prime Minister. Photo credit: Sophie Brown.



Summary: With political turmoil in the UK, including a chaotic coalition with nationalists in it, UPC is again at the very bottom of all priorities and it's possible that Conservatives will fail to form a government, throwing into disarray any promises previously made in relation to the UPC

TECHRIGHTS has hardly said anything about the UPC for a couple of weeks (due to absence and catchup time), but a lot has happened, especially in light of the British election. Why? Because the UPC is in a limbo, primarily because of the British. The election backfired badly on Theresa May (whose career is now uncertain and whose party might even let loose the Prime Ministerial position). Where does that leave the UPC? Let us clarify before the spin comes around, primarily from Team UPC (probably as early as Monday).



First, let's start with a little bit of background and recent developments. The EPO's management obviously wants the UPC, but the impression we get from ordinary EPO staff is that they hate it. They know that the UPC would potentially doom them and end their careers, not to mention harm Europe. They would be correct to feel this way and we have written on the subject for nearly a decade. Even when it was known as "EU" or "Community" patent the benefits to Europe were dubious at best. It just made Europe more attractive to sue in, not to sue from. After several rebrands they decided to go with words like "unity" (and "unitary" or "unified"), basically marketing the same pile of dung under false pretenses.

"Even when it was known as "EU" or "Community" patent the benefits to Europe were dubious at best."We often joke about the pronunciation of UPC, which is of course just an acronym. We could perhaps pronounce it "oopsie", one person told me, "as UP oop C says its name..."

This proposition came up after I had suggested that we collectively pronounce UPC as "oops" or "whoopsi", much like "Oh Oh XML" (OOXML) for OpenXML, which was neither open nor XML (it has binary enclosures in the tree).

The name aside, what is the UPC really? It's the wet dream of the litigation industry and its biggest clients, which are more often than not foreign (not European, just hoping to sue in Europe, taking action against European companies).

Looking at Managing IP (MIP) coverage prior to the election, it talked of "the delayed start of the UPC, the impending Brexit has cast a shadow of uncertainty over IP law."

"No," I've told MIP, "it's not "delayed", UPC might be dead in the UK but keep flogging this horse..."

"It's the wet dream of the litigation industry and its biggest clients, which are more often than not foreign (not European, just hoping to sue in Europe, taking action against European companies)."For those who have not been paying attention, MIP is responsible for a lot of UPC propaganda. A lot. It recently issued yet another one of its infamous "progress reports" for the UPC -- those that have us deluded into thinking that it's all just a matter of time. It recently published "Are you braced for Brexit?" and "This article is brought to you by our Trademark Times 2017 sponsors..."

Yes, sponsors. Like those pro-UPC events that MIP keeps organising, filled with staked panels and typically some liars from Team Battistelli.

The truth of the matter is, the Preparatory Committee of the UPC has already pressed the brakes on progress and is mostly silent these days. There is no concrete, substantial preparation (except preparation of propaganda). Here is a pro-UPC blog, run by Team UPC itself, saying that according to the Preparatory Committee the "Unified Patent Court will not start operating this year" (that's the headline). The key part:

The previously announced target date for the entry into operation of the Unified Patent Court, envisaged for December 2017, cannot be maintained. This has been reported by the UPC Preparatory Committee.


So once again they have lied or created false expectations. They do this every year. Why would anyone still trust anything they say? As a pro-UPC voice put it: "The previously announced target date for entry into operation of UPC, envisaged December 2017, cannot be maintained." (linking to this official site)

IAM retweeted this and added: "The UPC won't enter into force in December 2017. Whether it will in 2018 - or even ever - remains to be seen. Much depends on Brexit talks."

"The truth of the matter is, the Preparatory Committee of the UPC has already pressed the brakes on progress and is mostly silent these days."And now that Theresa May is in serious trouble it's not even clear if there will be Brexit talks later this month as scheduled (some reports this morning said it would happen, citing May's team, but it's not clear if this team is about to get broadly sacked, just like May's senior advisors). According to a new poll (to be added to daily links later today), 60% of Conservatives (actual insiders!) oppose May and another new poll says that half the public wants her to step down.

Incredible, eh? So much has changed so quickly.

CIPA, a malicious pressure group of patent law firms (it lies to the public, corrupts our politicians, helps patent trolls and so on), recently set up a seminar which according to this site further promotes the delusion of UPC inevitability. Who are these people kidding? Are they trying so hard to make lawyers synonymous with liars?

"McDonagh, an expert in this area, labeled it "patently unclear" and this lack of clarity means that the UPC remains in perpetual limbo, preventing any progress from being made."Dr. Luke McDonagh, a scholar from London, responded to the result of the election by stating : "The most important issue of the day is, of course, what will happen to UK participation in Unified Patent Court?"

McDonagh, an expert in this area, labeled it "patently unclear" and this lack of clarity means that the UPC remains in perpetual limbo, preventing any progress from being made.

The other day we saw the lawyer's press acknowledging some of the issue as follows:

The entry into operation of the Unified Patent Court (UPC) will not occur in December 2017, the previously announced target date. This means the long-awaiting Unitary Patent (UP) and Unified Patent Court (UPC) regimes will not be up and running, at the earliest, until sometime in 2018.

Delays in the progress of national procedures concerning the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application have been cited as the reason for the December 2017 target date being unable to be maintained. A revised target date has not yet been published.


They'll then say 2019, 2020 and so on. Wait and watch. It's becoming expensive and cumbersome for law firms that put many of their eggs in the UPC basket, notably the likes of Bristows, whose lies will be the subject of our next post. In Germany, Christopher Weber wrongly asserts or at least assumes that the the UPC is inevitable (money first, common sense later) when he writes: "More stalling by the UK could lead to fewer qualified judges applying for UPC. Plan B: UPC w/o UK."

"By the time there's clarity Battistelli might already be in a mental ward, the EPO utterly destroyed (many layoffs are expected), and people like Maas (UPC proponent) out of their job."Yes, that might actually happen, but they cannot just dump the UK until it's clear what is happening. The UK is under considerable political uncertainty at the moment (it's all over the news this weekend), so Plan B won't be considered for a long time to come, perhaps even years. By the time there's clarity Battistelli might already be in a mental ward, the EPO utterly destroyed (many layoffs are expected), and people like Maas (UPC proponent) out of their job.

Recent Techrights' Posts

[Meme] Not About How Many Locks One Adds
Some people try to point their fingers in all the wrong directions now that a new patch is available for rsync
Total Lock-down Ambitions - Part I - DRM and TPM Need Not be the Future of Computing, There's Another Way
Who is being restricted? Us, the users.
New Upcoming Series About DRM and TPM
We'll do our best to name and explain some of the alternatives that are still available
More Microsoft Cuts and Layoffs (Microsoft Media Mole Jordan Novet Tries to Float "Hiring Freezes" Spin After the "Headcount" Spin Failed)
As one might expect...
 
If You See Many Microsoft Puff Pieces That All Say More or Less the Same, Consider the Possibility That Microsoft LLMs 'Wrote' Those
There are also many phantom fake 'reports' about Microsoft in relation to some "hey hi" (AI) things
[Meme] The Crybully
Crybullies shrug
IRC Logs Complete in Geminispace (Even in GemText Format!)
We still envision ourselves - a community of justice-seeking enthusiasts - as a multi-protocol platform, not just some ordinary Web site
It Was Only a Matter of Time
We're going to pursue justice
[Meme] "Well, He’s Dead So," Bill Gates Tells the Media (Which He Pays) About His Close Friend Jeffrey Epstein
Does the police in San Francisco cover up crimes instead of solving them?
The Rumour Was Right, Today is the Second Large Wave of Microsoft Layoffs in 2025
It has only been two weeks since the year began
The Free Software Foundation (FSF) Has Had a Good 2025 Already (Its "Year 40")
FSF will reach $400,000
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
[Meme] His Existence is Proof It's Not Infeasible
We salute the FSF's original mission
Links 15/01/2025: Efforts to End Wars and 'Newsflation'
Links for the day
Gemini Links 15/01/2025: Abandoning Windows for GNU/Linux, SIS Progress Update
Links for the day
Links 15/01/2025: Social Control Media Spreading Lies, TikTok Banned in 4 Days
Links for the day
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025
Links 14/01/2025: Vaccination Hesitancy Problems and Kangaroo Courts (UPC)
Links for the day
Gemini Links 14/01/2025: Introduction to GrapheneOS and Small Internet
Links for the day
Dr. Miriam Bastian From the Free Software Foundation (FSF) Gives a Talk in a Couple of Weeks at FOSDEM (Brussels, Belgium)
It's good to see people from all around the world and with very different backgrounds united around digital philosophy
Andy Farnell on Eating Your Own Dog Food
focuses on security but goes beyond that
EPO Uses the Misnomer "AI" to Attack Software Developers in Europe
The EPO is nowadays a huge pile of crimes
The European Patent Office’s (EPO) Communication on "Reform" is "Incomplete and Misleading," Says the Central Staff Committee at the EPO
This puts Europe at risk and makes it more vulnerable
[Meme] How to Lose Social Life (While Pretending to Still Have It)
Talk to people, not to microphones
Android (or AOSP) is More Free Than iOS, Both in Practice (as OEM Bundles) Both Are User-Hostile
In a perfect world, people would choose and deploy software that is entirely made up of reciprocally-licensed bits
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025
Links 13/01/2025: Conflicts, Prisoner Exchange, and Homes on Fire
Links for the day
Angola: Microsoft Windows Falls Below 10%
Microsoft has a really bad 2024 in Africa
[Meme] Twitter ("X") Has Been Grooming Radicals Since 2022
Musk's very own "grooming gang"
[Meme] What Free Speech Ought to Mean
It does not sound like RMS suggests anything other than quitting social control media
Gemini Links 13/01/2025: RestFest, Yule, and Deedum
Links for the day
Modern Web Browsers as Web Censorship Software
We continue to recommend Geminispace
Two Weeks From Now Dr. Richard Stallman Speaks at The Summit of Future 2025 (India)
he will be giving a "Keynote Address" in India
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025