09.11.15

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EPO Has Become Political and Benoît Battistelli is Lobbying for UPC (Large Corporations’ Wishlist)

Posted in Europe, Patents at 7:49 am by Dr. Roy Schestowitz

Summary: The intrinsically political activity of EPO management serves to demonstrate that higher agenda is being pushed at the behest of private interests, discrediting any portrayal of EPO officials as public servants

THE corrupt EPO management is now openly promoting the unitary patent (UPC) in the EPO’s Web site and in Twitter. It is becoming more of a political entity, not just an organisation whose goal is to decide what merits a patent given the law (handed down from above). This is rather gross and it’s unsettling to observe.

“Meeting in Rome,” says the EPO’s site, “EPO President Benoît Battistelli and Italy’s Under Secretary of State to the Ministry of Economic Development, Simona Vicari, discussed the role of patents in supporting innovation and the upcoming introduction of a European patent with unitary effect for the EU member states. After clarification of important legal questions on the unitary patent by the Court of Justice of the EU Italy has initiated the process to participate in the new patent scheme which is expected to become operational in 2016.” Battistelli is now acting more like a lobbyist or a politician, akin to Michel Barnier and Charlie McCreevy before him. This isn’t what the EPO should be doing. It’s overreach. Ultimately, if Battistelli gets its way, his mates in giant corporations can end up suing companies all across Europe in one fell swoop. Patent lawyers’ sites in Europe are jubilant of course, as they can get a share of the loot.

Thankfully, the abuses of the EPO’s management are making it into the media again. The major Dutch papers have just covered it and although we don’t have English translations (not yet anyway), SUEPO has this outline:

De Volkskrant (printable version) reports on the fifth suicide since 2012 at the EPO and the persistent refusal of Mr Battistelli to let the Labour Inspectorate enter the premises. A similar article was published in De Telegraaf.

“Opinion on the applicability of International Human Rights norms to the internal workings of the European Patent Office” was also shared by SUEPO yesterday (full paper in PDF form), remarking on highly repressive abuses of the EPO against its very own staff, not just European citizens. SUEPO outlined it as follows: “Paul Beckett from Quinn Legal is a lawyer concerned by the plight of EPO staff and has independently assessed the applicability of fundamental rights in the internal workings of international organisations, and the EPO in particular. This document reflects his academic opinion, which may be taken into consideration in further legal work.”

The EPO is definitely out of control. It’s a corrupt organisation led by corrupt officials, some of whom probably belong in jail over many criminal charges. European taxpayers have every right to call if not demand a shutdown, reset, or independent (by an external body) probe of the EPO. It’s not some private entity; it’s supposed to be a public service (not an overpaid clique of friends and family members), but means of oversight/accountability systematically got thwarted by Battistelli. Belated external intervention is imperative at this stage. The EPO’s management is trying to block it by means of intimidation (including scapegoating), or at least stonewalling.

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