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● 04.02.17

●● The UK’s Involvement in a Hypothetical UPC Post-Brexit Far From Certain, Admits Law Firm, Contrary to Those Who Stand to Profit

Posted in Europe, Patents at 6:15 am by Dr. Roy Schestowitz

Perhaps truth simply does not matter when truth is detrimental to one’s wallet?

“It is difficult to get a man to understand something, when his salary depends upon his not understanding it!” ~Upton Sinclair

=> ↺ Upton Sinclair

Summary: The senseless optimism regarding the Unified Patent Court (UPC) comes only from circles that constructed it in an attempt to improve their bottom line

TODAY we would like to tackle some of the latest UPC deception. The EPO has (still is!) been silent since this PR charade, not saying anything about Brexit and the missed deadline for UPC ratification (now they say May, having said March 7th and then just March).

=> ↺ EPO | since this PR charade

“Even UPC proponents might sometimes admit the truth and openly acknowledge that the UPC can be ignored for now.”A reader drew our attention some days ago to this legal analysis from Dechert LLP, which admits that the “structure of the UPC and the UK’s involvement post-Brexit are far from certain.”

=> ↺ this legal analysis from Dechert LLP

Yes, it is not at all certain that any of this will ever happen. Even UPC proponents might sometimes admit the truth and openly acknowledge that the UPC can be ignored for now.

=> not at all certain that any of this will ever happen

“One key issue already,” IAM just said, is “the Unified Patent Court Agreement. Government confirmed last November UK would ratify, but CJEU has explicit role.”

=> ↺ IAM just said

“The longer it goes on for, the greater the uncertainty and the deadlock, which can ultimately kill the UPC altogether (not just in the UK but in the entire EU.”Hence it is not compatible and David Davis, as we noted the other day, declared no role for courts like CJEU. Benjamin Henrion told IAM, “that’s why uk is delaying it…”

=> ↺ told IAM

They can delay it on and on and on. The longer it goes on for, the greater the uncertainty and the deadlock, which can ultimately kill the UPC altogether (not just in the UK but in the entire EU). █

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