Bonum Certa Men Certa

Sane Responses to the Latest Pressure From Team UPC Amid Brexit Negotiations

FTI Consulting, which promoted highly controversial fracking (as per its own brochure [PDF]), also promotes the UPC by paying publishers while receiving over a million euros from EPO budget

FTI Consulting for fracking



Summary: Paid-for lies regarding the Unified Patent Court (UPC) continue to circulate; nevertheless, readers/commenters are not gullible enough to accept/swallow these lies

THE EPO, unlike the USPTO, has weakened the appeal boards and is actively pushing towards more litigation, not less of it (later this weekend we'll write about the sharp decline in patent litigation in the US).



Bank robberyYesterday it resumed the old #IPforSMEs nonsense, either by naming companies from their ridiculous 'study' (going back to September [1, 2]) or just posting vague tweets that imply SMEs rejoice over patent saturation (one single patent lawsuit can be destructive if not fatal to a start-up). We've grown rather tired of lies about "UPC for SMEs"; it's often Bristows staff that spreads such lies and yesterday we saw Bristows and others lobbying the British government for patent maximalism (for patent microcosm profits). This tiring old thing and tireless effort by Team UPC was noted also by Eibhlin Vardy, who wrote this blog post about it. The relevant part (to us):

2. Unitary Patent/Unified Patent Court Agreement - the note seeks confirmation that it is the UK's intention to stay in the UPC following Brexit, and asks that the UK work with UPC member states to bring the UPC/UP into effect and ensure the UK's participation following Brexit;


Watch the comments, especially the parts about the UPC. One person wrote:

2. UPC: Confirmation the UK will stay? It hasn't ratified yet so nothing to stay in. IP profession reps are looking after themselves - it is in their interests as we all know.


Another person wrote:

2. European patent attorneys will retain their right to assist practicing attorneys at law, so not a big deal for CIPA. The UK staying in the UPC if it is up and running by the time of Brexit seems problematical. Much simpler to enact legislation to the effect that UPC judgments in respect of European patents having effect in the UK will be extended automatically.


And the latest:

I see a fundamental problem with the continued mutual recognition of judgments post Brexit (let's face it they don't mean mutual in a two-way sense). The CJEU clarifies EU law (Directives and Regulations) in the context of maintaining one of the pillars of the Single Market, namely the free movement of goods and services. A primary aim for the CJEU is to advance the harmonisation of the internal market. A recital to this effect can be found in virtually every Directive of relevance to the IP area. However the UK government has publicly declared that it will not seek to remain in the Single Market and it will actively seek other markets outside the EU. To that extent, opinions and judgments of the CJEU made after Brexit, even if they refer to Directives etc made before Brexit (ie those Directives which are to remain legally binding in the UK), will be made based on assumptions which are incompatible with or possiblty inimical to the interests of the UK after Brexit. As has already been mentioned in the comments above, the UK courts may wish to take note, post Brexit, of relevant CJEU decisions, but 'mutual recognoition' suggests something rather more binding in its effect.


It is good to see that people are responding to such UPC jingoism; they too know that the UPC isn't getting anywhere. There have been a massive PR campaigns behind UPC (not limited to FTI Consulting). Shall truth be victorious, Battistelli's future will be very grim.

Recent Techrights' Posts

IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
 
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026