Bonum Certa Men Certa

Personal Attacks, Censorship of Comments and More Nefarious Tricks Expected in the Wake of UPC Panic

Summary: Reactions from blogs occupied by Team UPC to the identity of the complainant in Germany, namely Dr. Ingve Björn Stjerna

THE summer is over and the EPO scandals resume; in our next post we'll show how the EPO keeps lobbying for the UPC even though (or because) the UPC is stuck in the middle of nowhere.



"As longtime readers already know, censorship of comments is nothing new at IP Kat, including (notably) comments about the UPC."The latest development was covered here last night. Dr. Ingve Björn Stjerna, whom we humorously dubbed "UPC slayer", is in the headlines of patents-centric blogs today; we are anticipating personal attacks from Team UPC (however subtle) and so far we are seeing all sorts of other nefarious behaviour. It's only to be expected from Team UPC; they have been consistent in that regard.

As longtime readers already know, censorship of comments is nothing new at IP Kat, including (notably) comments about the UPC. We gave some examples before. "This comment has been removed by a blog administrator," said this comment when we checked in the evening, but the Internet never forgets. There are caches, for instance (at several different levels/layers).

Kluwer Cat



See the above screenshot and notice how this post and comment section have developed since then. Mark Schweizer's article no longer has the above comment. See the text of it; these people don't care about legality, ethics, economics etc. (the common good); they're just corrupting the entire system and then attack those who 'dare' point that out and do something about it.

The next comment (not deleted) alludes to the above (deleted) and says:

IPkat = CopyKat? Not nice for the mice.

A German minister had to resign as big chunks of his PhD Thesis were copied......



And then someone wrote: "Leaves me wondering whether some like-minded principled person is going to have the guts/money/determination to file a case in the hope of a referral by the Supreme Court in the UK as to the competence of the EUCJ over UK court decisions with regard to the UPC...any takers ?"

Yes, here in the UK the UPC is stuck as well. And it should be pulled down for similar reasons, ranging from nefarious lobbying to lack of public consultation.

Here is what the next comment said:

What kind of legal challenge were you envisaging?

Perhaps a potential litigant might want to consider raising the protection of legitimate expectations as a ground of objection. That might have some mileage, especially given the rather troubling decision to write the UP Regulation in such a way that it applies new / different laws of infringement to pre-existing situations. I am pretty sure that there ought to be at least something in the UK's "constitution" that prevents a legal sanction being imposed in respect of acts that were perfectly legal at the time they were committed - which is a principle that the UP Regulation completely fails to respect.



"Quite clear that the UPC is excluded from consideration," said another comment today, "since it is not mentioned in the list of relevant rights." This comment was left in a short blog post, titled "Brexit: European Commission publishes guiding principles on Intellectual Property" [sic]

"...it should be pulled down for similar reasons, ranging from nefarious lobbying to lack of public consultation."What's interesting is that none of the above IP Kat blog posts came from Bristows (at least not directly). Bristows' Annsley Merelle Ward barely writes there anymore and instead she wrote (for the first time in a long time) in her employer's blog (the employer then promoted it). Here is what she wrote:

Dr Stjerna is a Düsseldorf intellectual property law attorney and his publications include The European Unified Patent Court: what can still go wrong? and The Parliamentary UPCA ratification proceedings in Germany (this article opening with ‘The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen’).


It's not quite an attack on him (at least not yet). We are aware of additional complaints/input/comments being pursued this week (details will be published at a later date). Not only Team UPC should be asked for participation in the process of judgment, for obvious reasons.

"Not only Team UPC should be asked for participation in the process of judgment, for obvious reasons."As usual, Team UPC wants us to believe that nothing will come out of it; optimism for self-serving purposes (self-fulfilling prophecies and more selling of services) is the same old habit, so Ulrich Blumenröder of Grünecker, who is not a judge, decided that "there's nothing to see here, move along" (something to that effect). As if he already knows the outcome of the case. Bristows did the same thing without even knowing the nature of the complaint!

As Managing IP put it a short while ago, "Ulrich Blumenröder of Grünecker has read the #upc constitutional challenge & predicts it will be resolved by end of 2017."

They're now on a showcase for the EPO and the UPC (Munich, Paris). Managing IP acts like some kind of "media partner", which is a weasel term used by the EPO for cooperative 'journalism' (journalists who receive expensive gifts).

Mathieu Klos‏, who has been covering the UPC saga for quite some time, said about the interventions: "Not a surprise. @BVerfG requested German Bundestag to comment on the complaint as well #UPC...

"Managing IP acts like some kind of "media partner", which is a weasel term used by the EPO for cooperative 'journalism' (journalists who receive expensive gifts)."It has become a political circle's circus, driven by financial agenda of very few malicious actors. All they care about is how much they can profit from lawsuits, not who will be hurt by these lawsuits.

For those who wonder what Kluwer has written (for IP Kat to copy), here it is, taking stock of who is involved in commenting (the patent microcosm for the most part). It looks like Bristows has gone anonymous in this blog after several scandals (like deleting readers' comments) and now links to its own site to give an illusion of UPC progress at the end (even though it's about something from 2 months ago). Here is the relevant part (to us):

In answer to questions of Kluwer IP Law, a spokesperson of the Federal Ministry of Justice and Consumer Protection confirmed that the German Government was ‘approached by the Constitutional Court on August the 23rd with the opportunity to submit its observations in this matter’. The UPC Preparatory Committee was not contacted by the Court and the EPO couldn’t immediately react on the matter. According to the German legal website JUVE, the German Bar Association DAV and the European Patent Lawyers Association EPLAW were approached by the Constitutional Court as well.



In Twitter they said: "Court asks for comments on German complaint against Unified Patent Court Agreement; #stjerna plaintiff."

We shall see if the Court will accept input from parties other than Team UPC and/or the patent microcosm. There have been contact attempts which we'll cover in the future (once the outcome is known). The poor handling of this whole situation -- from start to finish -- does not bode well for the government (Stjerna named the parties to blame) ahead of the general election later this month. ⬆

Recent Techrights' Posts

libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
Many Topics to Cover
Drops in a big ocean
 
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026