Bonum Certa Men Certa

British Technology News Sites Point Out the Absurdity of Ratifying UPC in the UK Amid Brexit

"Even if the UPC does gets [sic] passed, it is still going to take years and significant effort to repair the damage done by Battistelli."

Brexit and UPC



Summary: In the face of Brexit, which shows no signs of abandonment (not yet anyway), UPC is being pushed by the British Minister for Intellectual Property, Sam Gyimah, raising all sorts of legitimate and awkward questions

IT didn't take long for real journalists rather than stenographers of law firms and the EPO to write about this latest absurdity.



Well, published by Kieren McCarthy in The Register on Friday night (around 8PM when many people are already offline) was this article titled "That Brexit in action: UK signs pact to let Euro court judge its patents" and it's similar to what we have said in our two articles about it [1, 2] (so far, there's likely much more on the way).

To quote a couple of portions:

Britain has finally signed up to Europe's unified patent court (UPC) – a long-planned simplification of the continent's patent system – but big questions still remain thanks to Brexit and a federal court challenge in Germany.

"The Minister for Intellectual Property, Sam Gyimah MP, has today confirmed that the UK has ratified the Unified Patent Court Agreement (UPCA)," the UK government said in a formal announcement.

Soon after, the ratification appeared on the European Union's treaty webpage, confirming that it is a done deal.

But despite the UK government noting that "our ratification brings the international court one step closer to reality," the truth is that thanks to the UK's planned exit from the European Union, things are much messier than they appear.

While the UK is signing the treaty as a member of the European Union, by the time the UPC is up and running, it will almost certainly not be a member of said union, if Brexit is allowed to run its course. In other words, the UK has backed a court system that, come next year, may or may not have any jurisdiction over the country.

On one level, the UK – in pursuing its efforts to break free from European laws – has just agreed to abide by European laws: the patent court's decision will have the European Court of Justice as its ultimate decider.

[...]

Thankfully for the EPO, Battistelli will be leaving later this year but his determined drive to get more patents approved each year has led to a complete breakdown in communication between EPO staff and examiners and its management, a drop in patent quality, and earned him numerous rebukes from international organizations and European politicians.

Even if the UPC does gets passed, it is still going to take years and significant effort to repair the damage done by Battistelli.


As usual, comments on such articles are dominated by the anti-EU crowd rather than patent professionals, one of whom wrote: "The contradiction #Brexit <-> UPC cannot be kept under the radar forever. #UPC means: A Danish / ... chamber, with a majority of Danish / ... judges, on the basis of proceedings in Danish / ..., under the surveillance of the #ECJ, can stop production in the UK."

Yes, exactly. This also makes UPC as a whole unconstitutional. How can one be subjected to rulings in languages one does not even comprehend? This among other things is grounds for the Constitutional complaint in Germany (FCC).

Recent Techrights' Posts

In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
 
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Old "Tweets"
This was basically an act of vandalism no better and no worse than UEFI restricted boot
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024