Bonum Certa Men Certa

António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

Michel Barnier (centre) lobbied for the UPC for many years (since the days it wasn't even called UPC)

The three Frenchmen



Summary: Frenchmen at the EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)

YESTERDAY we wrote about the TC Heartland determination turning one. Lawyers, especially upon this decision's anniversary, still try to work their way around it. They want to make it possible to drag companies into patent courts/trials far away from where they're based. In re HTC Corp. was recalled yesterday (Sunday) by Watchtroll. "The patent venue statute does not apply to foreign corporations sued for patent infringement," it said. "These foreign defendants may be sued in any judicial district where they are subject to personal jurisdiction." This is part of a pattern.



We find this quite relevant to the UPC/Brexit debate. Can British companies be sued over patent infringement in other countries (for their activities inside Britain)? With court proceedings that aren't even in English? This question has been brought up in the constitutional complaint in Germany (the language and the UK's status in Europe).

"Can British companies be sued over patent infringement in other countries (for their activities inside Britain)?"Patent maximalists and Team UPC in their lawyers-centric sites don't seem bothered by such questions. They seem so eager to see a torrent of new patent lawsuits, so earlier this month they were in "full fanboi" mode for the UPC.

Max Walters, a journalist rather than a lawyer, called it the "patent court's Brexit paradox". August Debouzy, boosters of Battistelli agenda, spoke of "the disappearance of a statute of limitations". Law firms were generally enthusiastic however. FB Rice's Jeremy Dobbin, Madeleine Kelly, Steve Gledhill, Andrea Ruhrmann, Eddie Walker, Toby Thompson and Will Morgan acted as though UPC is inevitable, George Tebbutt (Haseltine Lake LLP) said it "inches closer," and Mayer Brown LLP's Oliver Yaros, Mark A. Prinsley, Dr. Ulrich Worm and Christoph J. Crützen wrote 6 days ago that Britain had ratified (no matter if it's not really possible for the country to ever participate).

"Long story short, there are serious and tough questions to be asked -- ones that Team UPC is unwilling to answer, let alone bring up."Even Joff Wild, who had promoted the UPC on the EPO's payroll (the PR department/external agencies), cited this article from yesterday and wrote in IAM that the situation "could explode politically". Mr. Wild makes it no secret that he opposes Brexit (he said so for a couple of years) and here is his explanation:

It is, for example, the British public’s complete ignorance of IP law and policy – and the consequent total lack of interest that it inspires among the country’s politicians – that allowed the UK government to ratify the UPC agreement last month.

It happened, let’s not forget, despite questions the move raises about the post-Brexit role of the Court of Justice of the European Union; and the apparent contradiction inherent in insisting on taking back control while signing up to a treaty that means, for the first time, judges from outside the UK will decide on infringement and validity issues, as well as remedies, in patent litigation directly affecting the UK.

In the same way, you are not going to get much more than a shrug of the shoulders from 99% of the British population when it is finally decided what happens to Community trademarks currently valid in the UK or how the country’s copyright regime might evolve once EU directives and regulations no longer apply here.

[...]

Today’s Observer reports that UK and US officials are secretly discussing some of the issues that will need to be sorted out if a post-Brexit trade deal between the two countries is going to happen. One that has been identified is changing the definition of what can be classed as whisky. That is something which would have huge ramifications in Scotland.

What’s more, the report states: “The US also wants protected designation of origin, which safeguards products such as Cornish pasties or Melton Mowbray pork pies, dispensed with because they “undermine access” for US producers.”


Long story short, there are serious and tough questions to be asked -- ones that Team UPC is unwilling to answer, let alone bring up.

It's obvious that Battistelli will never see the UPC, not as EPO President anyway (there are speculations that he hopes to become the UPC's chief). António Campinos becomes the EPO's President next month. We now have a new Web (Wiki) page about articles that focus on him. Mr. Wild speaks a great deal about trademarks -- a topic/aspect currently dealt with by the EU-IPO, headed by Campinos. We expect Campinos to work hard and push hard towards the UPC; whether he will lie about it as routinely as Battistelli did remains to be seen, but remember that Team Battistelli remains in tact and Campinos does not intend to alter its composition (based on inside sources).

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Under Scrutiny Today in the British Government's Meeting, Grilled for Its Failure to Regulate Rogue Law Firms
Things are not improving
 
The Deleted Article About Mass Layoffs at IBM (April 2026)
Resurrected
Lots of Positive News Lately, Microsoft GitHub in Trouble
it's not too crazy to speculate about GitHub being the next Skype (or CodePlex)
The Register MS Has "Webinars" (Marketing); They're Promoting Ponzi Schemes or Slop But Disguised as "Intelligence"
These "webinars" are just spam displayed to people as if it contains real information
It Was Always About Freedom and Sovereignty (or Self-Determination)
About 24 hours from now Richard Stallman (RMS) will be giving a talk in Texas
Mass Layoffs at IBM Again, Just in Time for the Fake "Results" Next Week
Slopfarm will issue some chaff to give an illusion of journalism
Windows (Microsoft) in Botswana Falls to Another New Low
Botswana is a fairly large country
SLAPP Censorship - Part 47 Out of 200: British Courts Are Not Censorship Offices for Americans Funded by Affluent Third Parties
Solicitors Regulation Authority (SRA) was scrutinised by our government
More Than 6 Months After a Very Close Friend of António Campinos and EPO Official Caught With Cocaine Campinos is Cracking Down on - or Stealing From - EPO Staff
Now they go after the "Education and Childcare Allowance"
Links 14/04/2026: Data Breaches and LLM Slop in Courts
Links for the day
Gemini Links 14/04/2026: Mastodon in the Terminal and a Voxel Engine
Links for the day
Links 14/04/2026: Against US Monopolies in UK, Legal Action Against Twitter
Links for the day
The Series About SLAPPs Funded by Third Parties: All Parts Thus Far
index for today
SLAPP Censorship - Part 46 Out of 200: Alex Graveley's Attorney Rick Cofer Did Not Deny That Graveley Had Strangled Women; He Did, However, Pay Local Officials
some background about SLAPPs that began in 2021 very shortly after I wrote about corruption at Microsoft GitHub
The EPO's Attitude Towards Women and Media Silence on EPO Unrest
There's media blackout about very critical matters
Gemini Links 14/04/2026: Greed Versus Stability; Board and Card Games
Links for the day
Links 14/04/2026: Cheeto Loses Defamation Lawsuit Against the Media, "France Takes Its 129 Tonnes of Gold Uut of New York"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 13, 2026
IRC logs for Monday, April 13, 2026
IBM Agrees With Microsoft That Slop is Just for "Entertainment" and "at Your Own Risk"
So what can IBM sell now?
Microsoft Windows "Market Share" in USA Down to 40% According to Government Sites or 31% Overall
The world is changing, so do Americans
SLAPP Censorship - Part 45 Out of 200: Garrett and Graveley Cases Inherently the Same, Their Legal Team Can Barely Even Distinguish (Full Timeline)
"million-dollar men"
Gemini Links 13/04/2026: Pronouns for an LLM, Fakecoins Promotion Piggybacking Iran, "Your Face is Now a Search Query"
Links for the day
Links 13/04/2026: Higher Costs Hurt Both Rich and Poor Country, a "Landslide Win to Oust Orban"
Links for the day
Tens of Thousands of Days of Strike at Europe's Second-Largest Institution, Nobody in the Media Has Mentioned It
Since the "extraordinary general meeting"
SPAM That Mentions "AI" 16 Times (in "Security" Clothing, But Selling Back Doors), a Paid Placement in The Register MS
This will doom the reputation of the publication, The Register MS
At Least 23 Days of EPO Strikes
Why does the media not deem this newsworthy?
Links 13/04/2026: Impersonating ProPublica Reporter, More Attacks on the Press (Occupation With Little and No Compensation, Only High Risk)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 12, 2026
IRC logs for Sunday, April 12, 2026
Gemini Links 13/04/2026: Freiburg, GUIX, and Announcing Satellite Antenna (SA)
Links for the day
Links 12/04/2026: Climate, Conflict, and Change in Hungaristan
Links for the day
Gemini Links 12/04/2026: Passports, Science, and Lateral Thinking with Withered Technology
Links for the day
The Energy Crisis Will Likely Carry on and Kill the Slop Industry
To the slop charlatans, "this is the end, my friend..."
SLAPP Censorship - Part 44 Out of 200: Garrett and Graveley 'Copypasta' Sunday (Copy-Paste, Add One Word, Change 'T' to 't')
recycling text
EPO on Strike This Past Friday (All Major Sites), Massive Strike Continues Tomorrow
strikes have trebled, not trembled, compared to last month (in Munich)
Links 12/04/2026: SLAPPs Against Thai Journalists Who Expose High-Level Corruption, Maharlika (Philippines/Marcos) Threatens to Lawyer Up Against GAFAM to Demand Censorship of Critics
Links for the day
Racism and IBM
at IBM and Red Hat people who are hard-working and proficient are now being fired based on their ethnicity and nationality (or either)
When Cruelty is the Point (American SLAPPs in London, the United Kingdom, Europe)
Consider the following
Resistance to SLAPPs in the UK: Coalition Growing
thankfully awareness of SLAPPs in the UK is improving
Links 12/04/2026: Mass Rebellion Against Slop, UK Crackdown on Nudification by Slop
Links for the day
Gemini Links 12/04/2026: "Objective Truth" and Flutter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 11, 2026
IRC logs for Saturday, April 11, 2026
Red Hat: We Kill People, But Please Obey the CoC or We'll Banish You
From Red Hat's own site