Bonum Certa Men Certa

Bristows LLP Already Uses Kluwer Patent Blog and IP Kat as Its UPC Megaphone, Now IAM as Well

For the second time in a week, IAM's editor acts like a 'tool' of Bristows LLP, relaying UPC lobbying without any fact-checking

German and English UPC



Summary: IAM Media or IAM Magazine seems so focused on trying to help the UPC that it neglects to do its work, which would be fact-checking (but IAM is just a lobbyist/think tank disguised as an impartial media organisation)

THE management of the EPO loves IAM and it's easy to see why. The management's PR apparatus, which they had paid over a million euros, passed money to IAM, specifically for UPC lobbying.

Just over a week ago the UK made a bizarre announcement which we have since then written about in the following posts:



"There are to many guesses and uncertainties about the possible post Brexit participation of UK in the UPCA," said the latest comment on the matter. To quote it as a whole (it was published earlier today):

All the above comments show that there is necessary step which has not been taken: ask the CJEU if the UPCA as it stands is a court common among EU member states like the Benelux court. This was done with EPLA, but not with the UPCA. One simply wonders why? It should certainly have been done after the Brexit vote.

If the answer is negative, that is, the UPCA is an international court, not embedded in the EU legal system, then we will know for sure that the UP and the UPCA is dead.

If the answer is positive, that is the UPCA is a court common among EU member states, then the 29.03.2018 will play an important role.

It will then follow logically that UK cannot any more participate in the UPCA, if the supremacy of Union law and the involvement of the CJEU is denied by the UK. Politically it looks like this is the most probable option.

If the intention of the UK is to stay in the UPCA post-Brexit, is high time to decide on all outstanding questions for instance with respect to enforcement, liability of the court and the member states, etc...

Even the Pascoe report showed the numerous difficulties and hurdles which have to be taken for a post-Brexit participation. Also, staying in the EU customs union is not enough to insure post Brexit participation of the UK.

There are to many guesses and uncertainties about the possible post Brexit participation of UK in the UPCA, that it appears highly probable that all those questions will not be dealt with before 20.03.2019. and even before the 31.12.2020.

How can it be that learned lawyers and legal scholars accept to stay in such an unclear situation? Up to now I have not heard any concrete answer to those many important questions. So even if the UPCA enters into force with the UK, the only reasonable option is to opt-out!

And the "German" problem does not look to be solved in a few weeks. Banking on a quick decision of the GFCC is illusory. There are many other requests to be dealt with before the one on the UPC arrives on top of the pile. Even for a decision on its admissibility. There are also some requests about the EPO and its boards of appeal. Without a reply on those, no reply on the UPC.

The mere ratification of the UPCA, on top of it with a reservation about the legal personality of the UPC, is meaningless and does not solve any problem. On the contrary it makes all the problems more manifest.


The facts aren't on Team UPC's side. They can repeat the propaganda all they want (like Alan Johnson did several times in one single day, in different blogs other than Bristows'). But Brexit is still not compatible with the UPC.

IAM, however, for the second time in less than a week, has again become a megaphone for the liars from Bristows. This time too it's amplifying Alan Johnson. Hours ago it published this "full interview" (heck, why not just like Johnson/Bristows do a guest post without all these softball questions?). So not only does Bristows dominate Kluwer Patent Blog and IP Kat on UPC matters; now it dominates IAM too. "I suppose Joff Wild would rather believe his wallet than his common sense," I wrote, "calling it a "racing certainty"..."

Wild's colleague tried to be clever about it. "You're approaching half-a-million tweets," Tim Lince wrote, "do you have a celebration planned for it?"

That was completely off topic. It's a way of saying "we don't really like you mentioning us (IAM)..."

From the so-called 'article' (Bristows copy-paste):

To get greater clarity on where things go from here, I spoke once again to Bristows partner Alan Johnson, who has followed the long and often tortuous progress towards the creation of a single European patent regime as closely as anyone. And his message was unambiguous: the UPC is coming, it is going to include the UK and it is highly likely that it will be up and running by the end of 2020.


Said a man whose career was made lobbying for the UPC. I guess IAM isn't too keen on fact-checking when it suits IAM's budget (they know where the money comes from).

As a side issue, IAM's network keeps lobbying for software patents in India and earlier today we found this article from last month -- one that we had missed/overlooked. For those who missed it, IAM keeps shaming and pushing India into software patenting. Examples from the year 2017 alone were documented here:



  1. China Adopts Software Patents and IAM 'Magazine' (Lobbyists) Continues to Shame India Into It
  2. IAM Just Can't Stop Pushing for Software Patents in India
  3. IAM 'Magazine' as Megaphone for Chamber of Corporates (CoC), Which Tries Shaming India Into Software Patenting
  4. IAM Helps Enemies of India's Interests Lobby for Software Patents in the Country
  5. IAM 'Magazine' in a Campaign to Destroy India's IT Industry and Help Patent Trolls There
  6. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay
  7. The Patent Microcosm's Failed Push for Software Patents Resurgence in the US and Similar Attempts in India and China
  8. Software Patents Lobbying at IAM Strives to Reinforce the Positions of Patent Maximalists


Abhishek Pandurangi (Khurana and Khurana Advocates & IP Attorneys) once again touched the subject (mind the IAM logo on the right). Thankfully, he did at least mention the views of the Software Freedom Law Centre (of India), which we quote below:

While the world eagerly watches the development of India’s software industry, the confusion regarding software patents in the global IT hub remains considerable. This is despite – or perhaps because of – the three attempts by the Indian Patent Office (IPO) to establish guidelines on computer-related inventions (CRIs), each of which has provoked questions, criticism and controversy. The IPO released its latest CRI examination guidelines on June 30 2017; this chapter looks into the evolution of the guidelines, from the first set to the third, as well as the effects that they have had.

[...]

As would be expected, the guidelines generated controversy, attracting much feedback and many representations from stakeholders. A joint letter to the prime minister’s office demanding the total recall of the guidelines by the Software Freedom Law Centre, with significant others, made the following counter-argument regarding the legislative intent:

However, the 2015 Guidelines overlook one crucial development viz the unsuccessful attempt made by the Patents (Amendment) Bill, 2005 [drawing from the Patents (Amendment) Ordinance 2004] to amend Section 3(k) and extend patentability to computer programs with ‘technical application to industry’. When laid before the Parliament, the proposed amendment faced objection on the ground that it would result in the creation of monopolies by multi-nationals (as stated in a press release dated 23/3/05), and was subsequently deleted. This demonstrates a clear legislative intent against broadening the patentability of computer programs.



IAM as a whole is a very dangerous network that promotes toxic patent agenda, including the interests of Battistelli -- soon to be a keynote speaker at IAM's event (he will promote software patents there).

Recent Techrights' Posts

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
 
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day