EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.11.15

The EPO Connection Now a Liability as Administrative Council Has Become a Laughing Stock, Jesper Kongstad to be Targeted by EPO Staff Protests

Posted in Europe, Patents at 12:29 pm by Dr. Roy Schestowitz

Summary: How the EPO constructed an unaccountable tyranny through which to act without any outside scrutiny, not even internal scrutiny, e.g. from the Administrative Council (AC)

OUR MANY ARTICLES about misconduct and misbehavior at the EPO go several years back. The EPO is not only emulating the USPTO‘s corporate patriarchy (things get better in the US these days) but is also borrowing a page from totalitarian regimes by appointing crooks to top positions while assaulting oversight. It’s like a state within a (super)state, the European Union. There is no accountability, definitely not to European citizens, let alone their elected officials.

Our coverage about EPO corruption wasn’t the first of its kind. Battistelli’s Jesper Kongstad connection was even noted in an article from the middle of last year — an article that said:

Back in 2010, when Benoît Battistelli was first appointed as President of the European Patent Office (EPO), there was a certain lack of transparency in the election process. As a blog post by IAM Magazine reported at the time, mischievous rumours quickly emerged from the EPO staff union newsletter (PDF link) to fill the vacuum of information regarding the circumstances of Mr Battistelli’s appointment.

Battistelli’s original contract was negotiated in secret with Mr Jesper Kongstad, the then Acting (and now actual) Chairman of the Administrative Council. It was rumoured, intriguingly, that the contract specified that Mr B’s place of employment was the Parisian suburb of Saint Germain-en-Laye (the town of which he was deputy major, the spiritual home of football team Paris Saint-Germain and the birthplace of Louis XIV, the Sun-King), and that it contained an annex granting him full pension rights at the end of his five-year contract. While Merpel, whose nine lives invariably make any sort of pension annuity unaffordable since the pension must last so much longer than expected, can see the attraction of having full pension rights after a relatively short employment stint, she wonders what advantage or reason could lie behind deeming Mr Battistelli’s place of employment to be 700 km west of where his office is actually located, if there is any substance behind that improbable rumour. The union newsletter, SUEPO Informs, also reported that Mr Kongstad refused to show the final contract negotiated with Mr Battistelli to the Administrative Council (‘AC’), despite repeated requests by its apparently quite powerless members

“Google, for instance, has been stuffed using some puff piece of both Battistell and Kongstad.”Florian Müller, who insists that it has been a while since Microsoft last paid him, recently wrote that the Administrative Council of Kongstad is a sham. “Instead of exercising oversight,” he wrote, “that body is largely responsible for the banana republic that the EPO has become.”

He also told us that “on [SUEPO] they’ve announced a new demo, this time in front of Kongstad’s country’s embassy” (Denmark).

“I just checked,” he added, “it’s the Munich consulate to be precise (embassy would be in Berlin). I may go there, take pictures and report.”

Here is the original announcement.

Searching the Web for information about the Battistelli-Kongstad connection isn’t too helpful. Google, for instance, has been stuffed using some puff piece of both Battistell and Kongstad. “Managing IP,” says one activist site, “is the magazine which published the controversial interview of Mr Battistelli and Mr Kongstad on 19 December 2014.”

They have a lot to cover up or lie about. We have already refuted many of their claims (responses to softball questions). The relationship between Battistelli and Kongstad, as evidenced by the joint interview, helped reaffirm if not expose a complete conflict. Merpel at IP Kat recently said: “Even the renominations in the December AC meeting, announced in the 12 December Communique, were, Merpel understands, only those for members whose term would expire before the next AC meeting. According to Article 11(3) EPC, second sentence **, these re-appointments require only the consultation, not a proposal, from the President. Previously, these re-appointments have been confirmed well in advance of the 5-year deadline. What is the cause, or intended effect of this brinkmanship? A worrying but plausible conclusion is that it is to make the Members concerned more biddable as their term comes up. Any such pressure, whether subtle or overt, would of course completely conflict with accepted principles of judicial independence.”

This speaks not only about the AC but also the Boards of Appeal. Basically, the EPO now has merely an illusion of separation of powers.

The EPO is something that acts a bit like the Kremlin. It hides behind European flag, symbolism, etc. and has among its staff people from different nations; in practical terms, it’s like a country (or cult) within a country and it is run by crooks who work hard to eliminate anyone not belonging to the cult. We urge our readers in Germany and EPO staff to attend protests until the issues are rectified and the EPO regains some sense of legitimacy.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

7 Comments

  1. katkatkat said,

    January 13, 2015 at 3:14 am

    Gravatar

    Once elected, this Battistelli moved the Presidential office from the second floor to the top floor of the Isar building (of course he had to be on the top!) and had a luxury apartment made there for his own use. Imagine the costs! Of course, if Obama lived in the White House and The French President in the Elisee, he had to live in the Isar building of the EPO ! There he could enjoy immunity, privacy and receive discretely his lovers. Moreover, he could escape the rules according to which you have to reside near your place of work as he was at the same time deputy major in his home town in France, Saint Germain en Laye. An example of transparency and honesty this man! He should be fired as soon as possible!

  2. katkatkat said,

    January 13, 2015 at 3:31 am

    Gravatar

    It should be pointed out that all the above is based on rumours which however have never been denied. The 10th floor is impenetrable and there is complete lack of transparency as regards all the matters concerning Battistelli, eg the terms of his contract, his benefits, his salary etc. This favours the spreading of rumours of all kinds. It would be wiser to act otherwise especially because there is no need to keep things secret in a public service organisation as the users have the right to know where their money flows.

    Dr. Roy Schestowitz Reply:

    Not much relies on rumours. We have already shown many documents, signed by Battistelli himself, showing how he dismantled oversight.

  3. katkatkat said,

    January 13, 2015 at 6:29 am

    Gravatar

    Yes you’re right. Oversight has been dismantled and this has been documented. The whole patent community is grateful to this site for keeping Battistelli and his cronies under pressure.
    Anyone with a moral dignity would have already resigned.
    But there are strong interests involved and an inflated ego.
    The bonds Battistelli-Kongstad and Battistelli-Topic are simply scandalous.
    Anyone questioning them is threatened. The press is silenced.
    Why can’t a journalist ask Battistelli simple questions like:
    Do you live in an apartment in the EPO?
    Can you disclose your salary and benefits?
    Who pays for your weakly trips to your home village?
    Etc.

  4. katkatkat said,

    January 13, 2015 at 9:43 am

    Gravatar

    Another “special” bond is that of Battistelli with Lutz, the Vice-President for Legal and International Affairs. The latter recently in an interview with the SZ defined Battistelli’s management “excellent”. No wonder they are buddies and apparently spend also holidays together. Lutz with hid department offers legal coverage (mostly inexistent or weak) to the wrong-doings of Battistelli. Moreover, Lutz constitutes the interface with the German Ministery of Justice so that any queries with the Minister end up on his table and he provides the reassuring answer “the EPO is the best of the worlds managed by the best of the Presidents”. So do not try to complain with the Germans that on their soil legal horrors happen because In the end Lutz will be asked and he’ll defend his buddy. A shame for a country which has already seen more than a dictatorship of its soil.

    Dr. Roy Schestowitz Reply:

    I don’t know much about Lutz and his relation to Battistelli, but it does sound as though it could be relevant to future writings, so any more information about the matter would be valuable.

    Dr. Roy Schestowitz Reply:

    There is a case involving Lufthansa and Germany’s justice system seems unwilling to send justice Topic’s way.

What Else is New


  1. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  2. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  3. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  4. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  5. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  6. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  7. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  8. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  9. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  10. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  11. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  12. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  13. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  14. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  15. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  16. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  17. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  18. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  19. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  20. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  21. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  22. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  23. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  24. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  25. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  26. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  27. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  28. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  29. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  30. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts