Bonum Certa Men Certa

FFII: Unified Patent Court is 100 Times More Expensive and an SME Killer, Europe is Committing an Economic Suicide

By Benjamin Henrion, original licensed under a Creative Commons Attribution 4.0 International License.

On justice deniedBrussels, 31 october 2021 — FFII says the proposed Unified Patent Court is an SME killer with its super-expensive court fees of 20.000EUR. No small company will be able to defend itself if it is accused of violating a patent, the proposed UPC court fees will deny access to justice for small companies, the cost being 100X more expensive than the current situation in the different countries.



The claim that the Unitary Patent makes the system better for SMEs is a gigantic lie. Europe is committing an economic suicide by making sure the Court is not accessible to small companies.



Last week, business assocations members of BusinessEurope from Spain, Portugal, Hungary and Czech Republic refused to endorse a call to ratify the Unified Patent Court Agreement (UPCA). Those business associations mostly share the same position that the UPC court fees of 20.000EUR (validity) and 11.000EUR (infringement) are way too high, and will deny access to justice for SMEs:



“The Confederation of Industry of the Czech Republic thus demands […] to reduce the court fees, especially the fee for patent abolition’s proposal, which is set at 20 000 euros. If a subject wants to abolish an EU patent on the territory of the Czech Republic now, the fee is approximately 200 times lower.”

— SPCR.CZ: The proposed level of fees is too high for the Czech companies, the Confederation states https://www.spcr.cz/en/23-aktualne/statesment/8743-confederation-on-the-unified-patent-court-fees


This is also the analysis of the Portuguese Association of Consultants in Intellectual Property (ACPI):



“UPC rules are unbalanced in favor of patent holders and costs of European patent litigation in the UPC will be very high and unaffordable for companies resident in Portugal, jeopardizing the right to a fair and equitable process.”

— ACPI: Patente Europeia de Efeito Unitário e Tribunal Unificado de Patentes violam princípios básicos da UE e prejudicam empresas Portuguesas http://www.acpi.pt/wp-content/uploads/2014/01/ConclusoesVIForum.pdf


The same position is also shared by the Spanish Confederation of Employers and Industries of Spain (CEOE):



“Litigation under the UPC will be unaffordable for SMEs. Just have a look at the very high court fees that have recently been proposed by the UPC Preparatory Committee. The fee for invalidation, for example, would be 20.000 euros. On top of that, you have the costs of lawyers, translations, etcetera.”

— Kluwer Patent Blog: Despite the defeat at the CJEU, Spain will not join the Unitary Patent system http://patentblog.kluweriplaw.com/2015/06/17/despite-the-defeat-at-the-cjeu-spain-will-not-join-the-unitary-patent-system/



Even worse, in some countries small companies can call for Legal Aid if they don’t have the means to pay the expensive lawyers fees, and the UPC has scrapped that support for SMEs, and restricted to physical persons only (individuals). For example, in Austria, legal aid is available for small companies.



Benjamin Henrion, President of FFII, says: “The Unified Patent Court court fees of 20.000EUR will prevent small companies to defend themselves, especially against patent trolls, which have most of the time very weak patents. The argument that the UPC is ‘cost-cutting’ is a giant lie and does not fly if a simple case is 100X times more expensive than a national case. Court fees in most member states are between 80EUR and 600EUR, except for Germany.”



He finishes: “Like for the European Electricity Crisis, Europe is designing a patent court system which is the most expensive, a disaster for small companies that will be denied access to Justice.”



References






Recent Techrights' Posts

Linux.com Made Its First 'Article' in Over and Month, It Was 10 Words in Total, and It's Not About Linux
play some 'webapp' and maybe get some digital 'certificate' for a meme like 'clown computing'
The FSF Ought to Protest Against UEFI 'Secure Boot' (Like It Used To)
libreplanet-discuss stuff
GNU/Linux Reaches 6.5% in Canada (Including ChromeOS), Based on statCounter
Not many news sites are left to cover this, let alone advocate for GNU/Linux
The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
FUD Alert: 2024 is Not 2011 and Ebury is Not "Linux"
We've seen Microsofers (actual Microsoft employees) putting in a lot of effort to shift the heat to Linux
 
Ex-Red Hat CEO Paul Cormier Did Not Retire, He Just Left IBM/Red Hat a Month Ago (Ahead of Layoff Speculations)
Rather than retire he took a similar position at another company
[Meme] Never Appease the Occupiers
Freedom requires truth. Free speech emancipates.
Thorny Issues, Violent Response
They say protests (or strikes) that do not disrupt anything are simply not effective. The same can be said about reporting.
GNU/Linux in Malaysia: From 0.2 Percent to 6+ Percent
That's like 30-fold increase in relative share
Liberty in Liberia? Windows Falls Below 10% and Below iOS
This is clearly a problem for Microsoft
Techrights Congratulates Raspberry Pi (With Caution and Reservations)
Raspberry Pi will "make or break" based on the decisions made in its boardroom
OSI Makes a Killing for Bill Gates and Microsoft (Plagiarism and GPL Violations Whitewashed and Openwashed)
meme and more
People Who Defend Richard Stallman's Right to Deliver Talks About His Work Are Subjected to Online Abuse and Censorship
Stallman video removed
GNU/Linux Grows in Denmark, But Much of That is ChromeOS, Which Means No Freedom
Google never designs operating systems with freedom in mind
Links 16/05/2024: Vehicles Lasting Fewer Years, Habitat Fragmentation Concerns
Links for the day
Links 16/05/2024: Orangutans as Political Props, VMware Calls Proprietary 'Free'
Links for the day
TechTarget (and Computer Weekly et al): We Target 'Audiences' to Sell Your Products (Using Fake Articles and Surveillance)
It is a deeply rogue industry that's killing legitimate journalism by drowning out the signal (real journalism) with sponsored fodder
Links 15/05/2024: XBox Trouble, Slovakia PM Shot 5 Times
Links for the day
Windows in Times of Conflict
In pictures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 15, 2024
IRC logs for Wednesday, May 15, 2024
Gemini Links 15/05/2024: 50 Years of Text Games
Links for the day
Ebury is Not "Linux", That's Just the Media Shifting Attention (Microsoft in the Hot Seat for Total Breach Right Now)
Seems like it may be a Trojan
Links 15/05/2024: Growing Tensions Between East and West, Anticlimax in Chatbot Space
Links for the day
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Richard Stallman Talk 'Delayed'
"Repousé à une date ultérieur. Du au congé, il n'était pas possible de l'organiser bien dans le temps disponible."
Links 15/05/2024: Toll on Climate Change, Physical Assaults on Politicians
Links for the day
[Meme] Free Society Requires Free Press
The Assange decision is now less than a week away (after several delays and demand for shallow 'assurances')
CyberShow Goes "Live"
The CyberShow has a similar worldview (on technology and ethics) to ours
Latest Status of Site Archives (Static Pages)
article listings are reaching a near-final form
IRC Proceedings: Tuesday, May 14, 2024
IRC logs for Tuesday, May 14, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Today's Talk by Richard Stallman Going Ahead as Planned
That talk will be in French