“UPC: still 24 countries without a constitutional complaint...”
--Benjamin Henrion (FFII)The aggressive push for UPC will likely carry on, even if that means breaking laws, violating constitutions, corrupting politicians and so on. We need to watch very closely whatever goes on as much of it is happening behind the scenes. As things stand at the moment, the UPC is unconstitutional and it is dead. It cannot be ratified in Germany, it is definitely not compatible with Brexit (so Britain cannot ever participate) and UPC boosters (litigation lawyers) have attempted to brush under the carpet the latest Constitutional defeat for the UPC. So far it always loses Constitutional challenges, of which there have been very few. As Benjamin Henrion (FFII) put it today, "UPC: still 24 countries without a constitutional complaint..."
"So now they have yet another headache, adding to a total of about half a dozen critical abstacles for the UPC."Here is what a UPC booster noted today: "From comments section - fair question, less fair conclusion: ââ¬Å¾Was this not foreseeable up-front? Probably the wish of having a training centre for UPC judges in Budapest muffled any contrary thoughts.“" (this links to EPLAW)
So now they have yet another headache, adding to a total of about half a dozen critical abstacles for the UPC. Don't be misled by these people. The UPC is far, faaaaar from materialising. It's a beaurocratic mess because when meticulously analysed it turns out that UPCA is inherently incompatible with national laws. Most politicians never bother checking and they just add their vote/signature without even bothering to read the text (it's too long to properly understand). No 'unitary' patents have been granted and we don't expect such a creature to ever exist.
"No 'unitary' patents have been granted and we don't expect such a creature to ever exist."The latest hurdle is being pointed out by EPO insiders (example from earlier today); they too aren't interested in 'unitary' patents, perhaps realising that the damage caused by any wrongly-granted patent would be multipied. Who would love that other than prosecutors?
Well, patent lawyers, writing on the topic a week prior to that (with a loaded headline too) make it seem imminent (via ), but this is their sales strategy. They tell their clients about 'unitary' patents which will never exist, overselling a fantasy that will result in disappointment (waste of clients' money). They must be getting cold feet; when the UPC is officially dead, what will they tell their clients? Who will ever trust them again?
"...when the UPC is officially dead, what will they tell their clients? Who will ever trust them again?"This brings us to Josep Maria Pujals, whom we mentioned here many times before. He's a longtime UPC booster and he recently wrote a "tweet" about Spain. So IAM made it "news", knowing that facts don't matter as long as Battistelli's agenda (like UPC) gets promoted by it. IAM is nothing but a trashy tabloid sponsored by patent trolls, but we still need to observe and respond to it because some people take it seriously. Earlier today it said: "New Spanish government hints that UPC and unitary patent membership are back on the agenda."
What is that "hint"? Tell us, Joff, please will you tell us? Remember that Battistelli's buddy, Joff Wild, has a long history saying that Spain is about to adopt UPC. He has done this for years, yet it never happens. It's the "real soon now!" strategy. Joff used to live in Spain (Barcelona), so he likes writing about Spain. Here's what he said this morning:
A month after coming to power, the PSOE government in Spain is all set to re-open the debate about whether the country should sign up to the EU unitary patent and Unified Patent Court agreement. According to Josep Maria Pujals of Barcelona-based IP firm Ponti – who has proved an invaluable source for us on a number of Spanish stories – Herick Campos, PSOE’s spokesperson on the industry committee of the Cortes (Spain’s parliament), has stated that the patent and the court are on the government’s radar. To that end, the industry minister Reyes Maroto, within whose department Spain’s Patent...
"There's no link, no publication is being named, so it seems like little more than unverifiable hearsay from someone who is biased for his living."Bristows then links to it (the IAM 'report'), giving the varnish/appearance of credibility to some Twitter account of a UPC proponent from Spain.
Manuel Rey-Alvite (Bristows) wrote: "Looks like the new Spanish government might be tackling the issue of UP/UPC participation during this term after all."
"This "apparent new appetite" is of the patent law firms in Spain, not Spain itself."Any link? Any source? IAM has none. UPC boosters (lawyers) then add: "Some might speculate as to whether prospect of Brexit has contributed to apparent new appetite of ES to approach the issue more benevolently."
This "apparent new appetite" is of the patent law firms in Spain, not Spain itself. SMEs in Spain oppose it, many politicians rightly oppose it, but hey... Josep Maria Pujals says that he heard somebody say something. That's good enough for IAM. Battistelli will raise a glass to that tonight. "Good job, my son, Joff! More self-fulfilling prophecies please! Quality!"
Suffice to say, it speaks volumes when IAM says not a single word about last week's ILO-AT judgments (union-busting 'cases') or about Judge Corcoran while making a big deal out of a tweet. Yesterday Joff Wild published another astounding puff piece (or hogwash) for Battistelli, saying that he should be proud. Maybe someone at FTI Consulting or Saint-Germain-en-Laye can compensate IAM for these efforts one day. They both got millions from EPO budget (merci beaucoup monsieur Battistelli). ⬆