Bonum Certa Men Certa

UPC Hopefuls (Litigation Firms) Come to Life Amid Unitary Patent EPO Text, But Nothing New to See Here

I want to believeSummary: The UPC lobby (patent law firms) wakes up and the media props up the illusion of UPC progress, owing to nothing more than an EPO report/guidance that is oddly-timed and totally inadequate (makes false assumptions)

THE EPO's release/announcement of the PDF yesterday morning, combined with various other factors, would have us believe there's some kind of progress. But there's none. It's merely an illusion. Benoît Battistelli is leaving in 9 months, his protector leaves in one month, and Germany might not be able to do anything until next year (if ever). As for the UK, there's this new publication about the "UK patent system", published yesterday by the UK-IPO. Managing IP's pro-UPC front has already spun this as some kind of thing about the UPC. But it's not. "Timely report by @The_IPO," it wrote, "3 main UPC states compared. Majority UK patents via @EPOorg. UK legal costs higher but ok..."



"They're just blowing wind into the sails using their bare mouths."When they say "UPC states" they just mean EU states. Putting aside all that propaganda, there's nothing to see here. They're just blowing wind into the sails using their bare mouths. Also yesterday there was this tweet from Dr. Luke McDonagh, linking to this report from yesterday and adding: "UK retreat from CJEU pledge leaves possibility that UK Unified Patent Court division could stay (if UPC goes ahead)..."

As I've told him (publicly), "the article says nothing about the UPC (which is dead for reasons other than the UK)."

Why this obsession with the UPC and why are particular Brits trying to interject the UPC into things that have nothing to do with it? CJEU's post-Brexit status is still an unknown, as it always was.

It did not take long for UPC booster Darren Smyth‏ to engage McDonagh with tweets like: "Some of us (controversially) considered that the political pledge re CJEU never extended to the UPC as not a UK court but international [...] Just remembered, I even wrote a blogpost about it" (that was before UPC was in a limbo again).

"Why this obsession with the UPC and why are particular Brits trying to interject the UPC into things that have nothing to do with it?"So basically, nothing has changed except a bunch of UPC proponents (for their own selfish interests) harping/raving about it. Regarding the UPC's status in Germany and the EPO's report, there were lots of puff pieces about it yesterday. These sometimes reused photos from an event that EPO had wasted 3 millions euros on (for one afternoon!), paying so-called 'reporters' (PR generators) in the process. This new puff piece (propotional headline, too), which helps glorify Battistelli, makes one wonder about the motivations. "Even as Europe’s ambitious plan to introduce a single patent system still hangs in the balance," it says, "the European Patent Office (EPO) released on August 18, 2017 a Unitary Patent Guide, which outlines procedures for inventors and proprietors interested in registering a patent under the new system."

Here is the part about the UK and Germany: "Mired in the Brexit conundrum, the UK said in November 2016 that it is “proceeding with preparations to ratify the UPCA” (although once Brexit is fully implemented, the UK will also exit its membership in the EU, which will introduce a new layer of complication). Meanwhile, Germany put on hold its vote on the UPCA in June 2017 on questions raised about its constitutionality."

WIPR wrote about that too yesterday. It said that "Germany and the UK both need to ratify the UPC Agreement before the project can become a reality."

"Suffice to say, Team UPC and Team Battistelli pretend that the UPC is inevitable even though it's likely quite stuck/already dead due to various issues, including corruption."It's very likely that neither will happen, for reasons we explained here before.

Suffice to say, Team UPC and Team Battistelli pretend that the UPC is inevitable even though it's likely quite stuck/already dead due to various issues, including corruption.

One decent article that we saw about the UPC yesterday came from a British site for lawyers. It cites/quoted a Munich-based patent law expert Dr. Michael Schneider of Pinsent Masons. Here are some portions:

Schneider said: "There are apparently four grounds to the complaint, which each raise a question over whether the proposed reforms align with Germany's constitution. The constitution regulates the basis for Germany's participation in, and the internal workings concerned with, the transfer of powers to the EU. It also sets out the fundamental elements of the constitution, such as the democratic legitimacy and judicial rights, for example, which have to be safeguarded in such transfer."

"If viewed from this angle, as the complainant apparently advocates, in essence it requires that any transfer of sovereign rights from Germany's judiciary to another organisation – in this case the transfer of patent litigation powers to the UPC – has to approved by a certain quorum and majority of votes in parliament. The late night vote in the Bundestag which passed the UPC laws would call into question whether there was the required quorum to pass the legislation," he said.

"If this was the only basis of the legal challenge then it would be possible to foresee a straightforward solution whereby the legislation could be reintroduced before the Bundestag and Bundesrat after the September elections to achieve the two-thirds majority of votes needed to pass the thresholds for compliance with the constitution, but there are two further grounds of complaint that have been raised," Schneider said.


It can take another 4 months for a decision to come, i.e. it can come no sooner than 2018. By that point, Brexit negotiations will have likely progressed to the point where, even if the court deems UPC to be constitutional, Germany won't ratify because Britain has no intention to do so. They'd need to rewrite the whole thing with the UK removed from the text, then ratify in dozens of countries all over again. By then? No more Battistelli, probably no more work for the EPO either (mass redundancies/layoffs).

Recent Techrights' Posts

The Persistent Nature of Freedom Isn't About Easy Routes
Resistance to oppression takes effort and sometimes money
 
Links 21/06/2024: Matrimony Perils and US-Sponsored COVID-19 Misinformation
Links for the day
"A coming cybersecurity schism" by Dr. Andy Farnell
new from Dr. Andy Farnell
Links 21/06/2024: Overpopulation, Censorship, and Conflicts
Links for the day
IBM and Subsidiaries Sued for Ageism (Not Just for Racism)
This is already being discussed
UEFI is Against Computer Security, Its True Goal is to Curtail Adoption of GNU/Linux and BSDs on Existing or New PCs
the world is moving away from Windows
[Meme] Chat Control (EU) is All About Social Control
It won't even protect children
EFF Not Only Lobbies for TikTok (CPC) But for All Social Control Media, Irrespective of Known Harms as Explained by the US Government
The EFF's own "free speech" people reject free speech
Microsoft's Search (Bing) Fell From 3.3% to 1% in Turkey Just Since the LLM Hype Began
Bing fell sharply in many other countries
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 20, 2024
IRC logs for Thursday, June 20, 2024
The Real FSF Lost Well Over a Million Dollars Since the Defamation Attacks on Its Founder
2020-2023 income: -$659,756, -$349,927, -$227,857, and -$686,366, respectively
The Fake FSF ('FSF Europe') Connected to Novell Via SUSE, Not Just Via Microsoft (Repeated 'Donations')
'FSF Europe' is an imposter organisation
Just Less Than 3 Hours After Article on Debian Suicide Cluster Debian's Donald Norwood Recycles a Fortnight-Old 'Hit Piece'
The fall of Debian is its attack on its very own volunteers
IPFS censorship, Edward Brocklesby & Debian hacker expulsion
Reprinted with permission from disguised.work
Links 20/06/2024: Dumbphone Experience and Bad Encryption
Links for the day
Official Project Gemini news feed — Five years of Gemini!
the official statement
Ultimate Judgment: the Debian Suicide Cluster
Reprinted with permission from Daniel Pocock
Links 20/06/2024: Bruce Schneier Adds Moderation Policy, FUCKSHITUP Can't Be Trademarked in the US
Links for the day
Mass Layoffs Happening in IBM Subsidiaries, Almost No Media Exists Anymore (to Cover That)
They can drive people out with R.T.O. of lay off in small batches to prevent any media scrutiny
Linux Months-Old News (LWN Uncorrected)
They could at least update the original
Links 20/06/2024: Trying to Maintain Health and the Implosion of LLM Bubble/Hype
Links for the day
Microsoft's Bing Share in Canada Has Only Decreased Since the LLM Hype ("Bing Chat")
According to statCounter
Gemini Links 20/06/2024: Golden Ticket and Looking for Web 1.0 Communities
Links for the day
Not Even TRYING to Compete With Microsoft
CMA (UK) ought to step in and investigate why Canonical (UK) refuses to even compete
Poul-Henning Kamp: Why Freedom in 'FOSS' Matters
Openwashing is more widely recognised as a growing problem
[Meme] EU Chat Control: The Problem is Too Much Privacy???
So what's with GDPR then? The EU is contradicting itself!
Lithuania: GNU/Linux Usage Climbs to Highest Level in Years
consistent abandonment of Microsoft
"Remarkably Little Had Changed."
Black or African American not even mentioned
This Week Fedora Celebrates Diversity, But It is Pushing Proprietary Software and Censorship
IBM openwashing, perception management, and reputation laundering gone awry?
Rumours That Nat Friedman (CEO) Was 'Fired' by GitHub/Microsoft
"Microsoft Refused to Fix Flaw Years Before SolarWinds Hack"
linuxsecurity.com: A Step in a Positive Direction
We hope that Guardian Digital and linuxsecurity.com will rectify the matter and persist with real articles
Links 20/06/2024: Somali Piracy Surges, Juneteenth Discussed
Links for the day
Gemini Links 20/06/2024: Gemini is 5 Today (Still No Gemlog Entry From its Founder)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 19, 2024
IRC logs for Wednesday, June 19, 2024
Morocco: GNU/Linux Surges From 0.1% to 4.21%
Microsoft has mass layoffs in Africa these days
EU 'Chat Control' Law is Already Discrediting the Stated Goals of GDPR
Equip kids with always-on always-connected microphones and double-sided cameras, just to be safe...
[Meme] EU Chat Control II
Stuff like "Chat Control" means that GDPR will lose credibility and the true motives be rightly scrutinised/questioned
You're Only Proving Our Point, Sir
clearly obsessed with what we write
Just Because It Happened Over 20 Years Ago Doesn't Mean It's "Old News" or Stopped Happening
This strategy merely evolved
Thanking Solderpunk for 5 Years of Gemini Protocol
Long live Gemini Protocol and long live Solderpunk!
[Meme] He Who Controls the Boot
And licks the Microsoft boot
[Meme] systemd-recovery
Imagine "Linux" (Poetterix) becoming so unreliable that it needs factory resets
Almost Every Day This Month the GNU/Linux "Market Share" Grows in statCounter
Advocates like to see progress
Dawg, I Herd You Like Freedom
In the context of Software Freedom, little is ever said about free speech
Links 19/06/2024: Microsoft Faces Big Backlash, Bytedance Referred to US Department of Justice
Links for the day
Gemini Protocol Turns 5 in 15 Hours
Geminispace is still very much alive
OSI's Blog is Still 100% "AI" Nonsense Sponsored by Microsoft (the Authors Are Also Salaried by Microsoft)
The founder of the OSI no longer supports the OSI
Poland is Another Country Where Bing Lost a Lot of Market Share Since the LLM Gimmicks
down from 3.24% to 2.4%
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
It Took Microsoft More Than 3 Years to Get a Quarter of Windows Users to 'Upgrade' to Vista 11 (3 Out of 4 Windows Users Still Reject It)
That is exactly what's happening right now
[Meme] The Empire
Don't be like Putin
They Want 'Transparency' Only for the General Public (Every Bit of Communication Available to the Government, Usually Via Corporations)
The EU might decide to effectively ban SSH
Justices Jeremy Johnson and Victoria Sharp to Decide the Fate of Julian Assange in About Three Weeks
Will he be back home in Australia by year's end?
Free Software Won't Fix Equality, But It Helps
Let's examine Free software in the context of: 1) money. 2) justice.
Treating Them as Teammates, Not as Political Props, Trophies, or Objects
Most of the world's people are women
Links 19/06/2024: SFTP and Gopher Milestone
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 18, 2024
IRC logs for Tuesday, June 18, 2024
US Surgeon General's Advice on Social Control Media (and "Smart" Phones) Seems Reasonable
People forget what the real world is about
Quiet at Planet Debian
planet.debian.org has not had any updates since 5 days ago
Belarus: Bing Fell From 1.1% to 0.6% Since Microsoft Started the LLM Hype (Yandex is 50 Times Bigger Than Bing)
Now enter Belarus
Morale at Microsoft Sinks to New Lows
The annual 'Employee Signals' survey showed a drop from 69% to 62% in positive responses