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10.30.15

Former German Constitutional Court Judge Denounces the EPO’s Possible Campaign of Defamation Against Judge Accused of Truth-Telling

Posted in Europe, Patents at 9:06 pm by Dr. Roy Schestowitz

Siegfried Broß
Image courtesy: campact.de

Summary: Siegfried Broß explains why the discrediting allegations against the accused judge (a hard-working technical person) are just totally unacceptable

SUEPO has just shared this article from the Germany media. We are looking for someone who can provide an accurate translation of it. For now, however, we only have a partial translation, as published in SUEPO’s public pages. SUEPO says that it is an “interview with Siegfried Broß, a former judge of the German Constitutional Court, who considers that the European Patent Organisation suffers from structural deficiencies requiring a conference of the Ministers of its member states.” That’s an understatement; there are vastly bigger issues than structural deficiencies.

“The Unitary Patent is anything but necessary, yet the EPO actively promotes this because it’s an opportunity for more money and power. At whose expense?”SUEPO added the following excerpts from the article: “The disciplinary procedure against a member of the Boards of Appeal is unconstitutional [...] it does not respect presumption of innocence and [...] was initiated by the President of the EPO [...] The publication of discrediting allegations against the accused are totally unacceptable. [...] The Enlarged Boards of Appeal should refuse the request from the Administrative Council and stop the procedure in order to denounce the fundamental abuse. [...] An organisational separation of the Boards of Appeal from the management of the EPO should be seriously considered by the Administrative Council as it is necessary for the Unitary Patent.”

The Unitary Patent is anything but necessary, yet the EPO actively promotes this because it’s its opportunity for more money and power. At whose expense? It’s like like a continental ‘trade’ agreement, akin to TPP. It’s an organised passage of wealth from the already-impoverished (or small businesses) to few conglomerates and billionaires who tyrannically run them. By extension, in due course, this extends to foreign wealth holders and corporations. The Unitary Patent helps nobody except some bureaucrats, multi-national (or very large) corporations, and their lawyers. What’s in it for the public? Virtually nothing.

Not only SUEPO noticed the article above. One source sent us this very same interview with the former German Constitutional Court judge, quoting: “AC and Battistelli activities have no legal basis” (probably a direct quote/translation).

“You might be interested in this interview,” wrote the source, “with the former judge at the German Constitutional Court, Prof. Broß, on the EPO disciplinary case against the DG3 judge and the apparent lack of judicial independence, published yesterday on the website of the German legal magazine “Juve“.”

What we are hoping for right now is a full translation for future reference.

“So Benoît, who has been engaged in a “campaign of defamation”?”If someone could kindly provided us with a decent and complete translation promptly enough (it can be posted below in the comments section), that would be lovely. It helps reinforce what we already know — that what Benoît Battistelli does (potentially defaming board members he doesn't like, in cooperation with the media) is not just an embarrassment to the already-abusive EPO but also legally improper.

So Benoît, who has been engaged in a “campaign of defamation”? Team Battistelli, even complemented by new and professional PR placements, is going to have a difficult weekend, with even the International Labour Organisation on its tail. Historically, it has not been atypical for the criminal to accuse the accuser of being “criminal”. It’s projection and it’s the most desperate defence tactic. Team Battistelli should seriously consider stepping down (Battistelli reportedly threatened to resign), not continue this war that they simply can’t win. The longer this goes on, the more talented people this organisation will permanently lose. And that’s just bad for Europe in general.

“The accomplice to the crime of corruption is frequently our own indifference”

Bess Myerson

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