Bonum Certa Men Certa

People Are Belatedly Asking All Those 'Awkward' Questions About UPC and the Lies Told by Team UPC

Team UPC is 'sanitising' (deleting) comments it does not agree with (or aren't good for Team UPC's financial agenda), but can it hide the truth forever?

Alex Robinson



Summary: In spite of propaganda efforts (and attempt to suppress comments from UPC critics), people do manage to speak to one another about UPC lies and false underlying assumptions (e.g. that industry -- not a niche of law firms which profit from litigation -- longs for the UPC)

LESS than a week ago the bizarre (but expected) thing happened when Sam Gyimah tried to score political points with patent extremists. It was expected because Lucy had made a promise two years ago, causing backlash from rationalists and bafflement even among patent extremists. How can the Unified Patent Court (UPC) ever work in the UK after Brexit? The EPO has many member states that aren't in the EU (hence Brexit has no real impact on Britain's EPO membership, which predates the EU), but the same cannot be said about UPC. We have since the announcement written the following 5 posts:





We have been rather amused by comments -- the few of them that made the cut anyway. We're pretty certain that many are being censored because Team UPC already admitted deleting some (and attempted to defend this censorship by insulting people with other viewpoints).

"We have been rather amused by comments -- the few of them that made the cut anyway. We're pretty certain that many are being censored because Team UPC already admitted deleting some (and attempted to defend this censorship by insulting people with other viewpoints)."UPC booster IAM is careful not to say too much about the UPC, especially after getting exposed for receiving money from the EPO's PR firm (specifically for UPC promotion). Yesterday, IAM's Adam Houldsworth wrote about "the UK’s ratification of the Unified Patent Court Agreement [saying it was] capturing the headlines in recent days..."

This 'article' is actually the tired old promotion of CRISPR patents -- something which the EPO's examiners (in oppositions capacity) famously rejected some months ago. From the outline:

With news of the US Supreme Court’s recent Oil States decision and the UK’s ratification of the Unified Patent Court Agreement capturing the headlines in recent days, patent professionals might be forgiven for allowing a crucial CRISPR-Cas9 dispute to slip under the radar. But they would be wrong to do so. Described by a former Chief Judge as a possible “case of the year” for 2018, the Federal Circuit’s is today hearing an appeal in the dispute between the University of California, Berkeley and the Broad Institute – as well as their respective partners.


We were very surprised to see that Sam Gyimah's actions received virtually no press coverage. Almost none! Team UPC wrote about it, primarily Bristows with about 4 posts in just a couple of days. "Tweets" mentioned this, not always in a positive way. Here's one from FFII's Benjamin Henrion:

I wonder if the UPC UK ratification can still be challenged in front of the High Court. If it does not comply with some ECHR provisions, I wonder why not #upc #uk


Henrion was alluding/linking to this person who covers Brexit a great deal. He did not write an article about this, only a couple of tweets [1, 2] or more:

...going to have to do thread on because this is more than just amusing coincidence... ratification INCREASES jurisdiction of European judges, including some based in Luxembourg, in UK, further integrates UK into European single market, in a new Court which asserts primacy of EU law


2. So Boris Johnson’s signature has just ratified UK membership of a new European court that “shall apply [European] Union law in its entirety and shall respect its primacy”... ... when Govt policy is to end the jurisdiction and primacy of EU law in the UK...


"I didn’t think it would be long for the mainstream press to pick up on this," a law journalist noted, but by "mainstream press" he means a couple of tweets, not actual news coverage. He did not link to an actual press article. We might see some soon.

Writing behind a paywall, a niche publication of patent maximalists said: [via]

After many questions and calls for clarity, the UK has announced its ratification of the Unified Patent Court (UPC) Agreement.


Notice the sole comment there. "And the Brexit deal is negotiated behind closed doors, as most trade deals are in the "democratic" Brussels," Henrion told them.

"But perhaps the most interesting development/analysis happens in the comments thread in IP Kat (not posts/articles, which have been mostly UPC propaganda for the past couple of years)."As for Team UPC, one member of it wrote: "UK ratification of UPC and discussion about its compatibility with „taking back our laws“ may finally make it into the UK mainstream (as contrasted with legal/IP) media."

But perhaps the most interesting development/analysis happens in the comments thread in IP Kat (not posts/articles, which have been mostly UPC propaganda for the past couple of years).

Here's the latest:

Edyta - I think there is no point in analysing the logic of the ratification too much. Civil servants will probably be sorting out peripheral issues like IP in ways which gives the UK maximum flexibility whilst the central issue of the CJEU is worked out. As yet the UK has not developed the 'principles' which will guide our future relationship with the EU and therefore we have no idea what our eventual status will be in Europe. I suspect that apart from a few very sensitive areas like the status of EU citizens in the UK it will be impossible to have anything apart from a full departure from CJEU jurisdiction. However we don't know that at this stage, and so we need to keep plodding along with Brexit keeping all options open.


SMEs are then bought up:

I'm not saying it's not beneficial to UK SMEs for UK to be in the UPC, but I would like to ask WHY it is beneficial to UK SMEs, if anyone can help me out please?


It's a lie. It has always been a lie. On Monday evening the EPO wrote: "Do your work with start-ups? These case studies on the impact of #intellectualproperty rights on business success might interest you..."

"Why is Sam Gyimah trying to impress these dangerous patent zealots?"Of course that's a big fat lie. The EPO has even just used a hashtag for that lie, yet again: #IPforSMEs

The EPO generally believe that if it repeats lies over and over again, some of these might eventually stick.

This next comment from "SMEs and UPC, please stop the nonsense!" debunks the lies from Team UPC and Team Battistelli (specifically a lie about UPC being good for SMEs):

As far as the benefit for SMEs is concerned, be it in UK or elsewhere, one has to remember that the number of EP applications coming from EU member states is 35-40% at best.

As this figure includes all applications, you can guess that the number of applications coming from SME is an order of magnitude lower.

The EPO has published a study showing the benefit for SMEs from the patent system:

http://documents.epo.org/projects/babylon/eponet.nsf/0/FF76F6F0783153B7C12581A2004DA0D2/$File/epo_sme_case_studies_2017_en.pdf

From 12 SMEs presented, there was no British SME in the panel.

It is always tooted that SME can get a greater benefit through the UPC, but beside nice words, repeated like a Tibetan prayer mill, nothing concrete has been presented.

If they want to act against a infringer, the minimum fare at the UPC is 11 000€. If attacked, a counter-claim for nullity has a minimum price tag of 20 000€. I am not convinced that a lot of SMEs are prepared for it. For a while there was even question of a litigation insurance for SMEs. This project seems to have died.

You may thus draw your own conclusions, for any European SME in general, and British ones in particular..


The more these things are debated, the clearer it becomes that UPC is neither possible nor desirable in the UK. Team UPC, a small clique of aggressive law firms (including the one which Battistelli hired to SLAPP me), are the driving motor behind of these lies. Why is Sam Gyimah trying to impress these dangerous patent zealots?

It's clear why they delete comments. Any debate of actual facts puts UPC in danger.

Recent Techrights' Posts

Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
 
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day