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

11.20.15

In an Effort to Counter EPO Staff Narrative (After ~2,000 of Staff Protest) EPO Management Portrays Staff as Violent But Provides No Evidence

Posted in Europe, Patents at 9:21 am by Dr. Roy Schestowitz

Projection by the growingly-militaristic EPO management?

Selective coverage cartoon
Cartoon source

Summary: The EPO’s management has a poor record on accuracy and truth and the latest staff-shaming tactics serve to reinforce that track record

ACCORDING to reports from the local German media (translation to English would be very much appreciated), the protests on Wednesday were massive. This serves to show that EPO is indeed experiencing a meltdown. We are glad to see this type of coverage crossing over the channel and reaching Britain as well (credit goes to Münchner Merkur, which regularly covers these issues, e.g. [1, 2, 3]).

“SUEPO is winning here (the staff is more loyal to SUEPO than to the EPO).”As British media put it, “Anti-EPO demo attracts 2,000, union member has ‘nervous breakdown’” and to quote from it: “Jesper Kongstad, chair of the AC, has allegedly implied previously that his organisation is looking to resume “trilateral talks” between EPO management, the AC and SUEPO.

“However, SUEPO has said that “meaningful discussions” cannot happen while the four members remain suspended.”

SUEPO is winning here (the staff is more loyal to SUEPO than to the EPO). It’s not getting any better for the EPO’s high-level managers and one must inevitably wonder who was even left inside the building at times of recent protests, other than Battistelli and his ilk. The question increasingly becomes, who does not demonstrate against the management and why not?

“Sources of ours said that even Directors attended the latest protest!”There is some ‘damage control’ here and it says that “2,000 people attended a demonstration at the Isar building in Munich in support of the suspended members and another is scheduled for December 10.”

That’s one week before my birthday. Let’s hope that they can get virtually everyone in the office to come outside. Sources of ours said that even Directors attended the latest protest!

We were very much disturbed to see the crudest ‘damage control’ from the EPO’s management. This was posted by WIPR and it’s claiming “threats of violence” from staff. To quote the part about the EPO’s spokesperson: “The spokesperson added that over the past two years the EPO has unveiled instances of serious misconduct including cases of fraud in the EPO’s healthcare system, violations of data protection, the leaking of confidential information, and harassment.”

That’s not “threats of violence”. Well, maybe — just maybe — there was some anonymous comment somewhere (perhaps IP Kat), maybe even ‘planted’ by the party that desires it (the agent provocateur tactic). But we’ve never seen such a thing and therefore we must conclude that the EPO’s management cannot quite produce a single example of “threats of violence”. If there is such an example, then they’ll need to show something. Be specific.

“We think this qualifies as a collective daemonisation/character assassination tactic.”This seems like a clever PR ploy. For all we know, there are no threats of violence. Remember the judge whom the EPO’s management (probably illegally) suspended for speaking about VP4. They tried to paint him — without any oversight while the I.U. [1, 2, 3, 4, 5, 6, 7] did its possibly framing-esque gig — as some kind of an armed Nazi [1, 2, 3], The guy is not German/Austrian but an Irishman, based on the German media (it is now considered public knowledge). Is this where the “threats of violence” are supposedly coming from?

Reading through the article from WIPR, we don’t see even one example of threats of violence and we saw no such thing in any flyer, publication etc. We think this qualifies as a collective daemonisation/character assassination tactic. The EPO management now wants to paint its very own staff as violent savages. What a terrible PR move. “Don’t believe a word! That’s only typical double EPO Leader language,” wrote one person yesterday. Well, the EPO’s management does not have a good track record when it comes to truth and accuracy.

In other news, IP Kat‘s Merpel has revealed some truly fascinating details about the suspended judge. “We knew that the EBA had rejected Mr Kongstad’s request,” she wrote, “for Mr. Battistelli was driven to write a memo to the AC asking it to bypass the EBA and simply fire the Board Member, since the EBA had (he said) shown itself to be incapable of fulfilling what was a simple administrative request. In other words, the EBA’s only job (he believed) was to rubber stamp the AC’s request (see Merpel’s post “Ignore the Enlarged Board, EPO President tells Administrative Council” if you want a fuller reprise).”

Techrights articles are now more censorship-resistant as some readers decided to mirror the site’s articles and even maintain them, fork them, etc. on Github.”Read on for more details. It’s rather jaw-dropping. What kind of a rogue organisation has the EPO become?

Prof. Dr. Siegfried Broß, a former judge of the Federal Constitutional Court, recently spoke out against these actions by the EPO's management. Merpel has, usefully enough, just gotten a hold of this translation of the article from Juve. “Merpel notes,” she said, “that by coincidence, Juve has today published a rebuttal of the interview below, with EPO Vice-President Raimund Lutz.”

But sticking to the original article which quotes Broß, here is what Merpel wrote: “He has been interviewed by Juve (a leading German magazine for lawyers), in an interview published a few weeks ago. Juve have kindly permitted Merpel to republish an English translation, which may interest English-speaking EPO watchers. The interview was conducted by Christina Geimer and Mathieu Klos from JUVE, Germany. Merpel is responsible for its translation, for which she thanks a kind reader.”

For future record we have decided to reproduce this translation here as well. Techrights articles are now more censorship-resistant as some readers decided to mirror the site’s articles and even maintain them, fork them, etc. on Github. Here is what Broß had to say about the EPO’s actions against the Irish judge:

Juve – 29.10.2015

EPO Disciplinary Proceedings:

“The actions of the Administrative Council and Battistelli are devoid of any legal basis.”

The European Patent Office (EPO) suffers from a fundamental structural problem. Only a Diplomatic Conference of its Member States can help one of the world’s largest patent offices to emerge from its current crisis. This is the view expressed by Prof. Dr. Siegfried Bross, a former judge of the Federal Constitutional Court (Bundesverfassungsgericht) and the Patent Division of the Federal Court of Justice (Bundesgerichthof) in an interview with JUVE

JUVE: Two years ago, as a legal expert for one of the parties in a complaint before the Federal Constitutional Court, you analyzed the question of the independence of the EPO Boards of Appeal. What conclusions did you come to at that time?

Siegfried Broß: The EPO Boards of Appeal are not an independent court. We are dealing here with a self-evident intermeshing of the roles of the President of the Office and the supervision of the Boards of Appeal. Therefore, the Boards of Appeal cannot be considered to possess the character of a court.

Juve: A lot has changed since you issued your legal opinion. The President of the EPO has imposed a house ban on a Member of the Boards of Appeal. In addition to that, Benoît Battistelli’s reform proposal is now on the table. What conclusions do you draw today?

SB: These developments, especially the reform proposal, do nothing to alter the fundamental
incompatibility of the EPO’s structure with the European Convention on Human Rights (ECHR), the European Charter of Fundamental Rights and rule-of-law-based democratic principles. The President still remains at the head of both the administrative and the judicial departments of the EPO and can exert influence on the Boards in terms of staffing and material issues.

Juve: What needs to be done to remedy this unsatisfactory situation?

SB: The Boards of Appeal should be completely separated from the EPO and provided with their own management and budgetary resources. Furthermore, all personnel links to the EPO President should be severed. In addition, the European Patent Organisation should introduce life tenure for judges. These are matters which require action on the part of the Member States. They cannot absolve themselves from their obligations to uphold fundamental rights guaranteed by international conventions and/or by national laws merely on account of their participation in an international association of states. As a matter of fact, Germany should never have been allowed to participate in the European Patent Convention in its present form.

Juve: In the context of disciplinary proceedings against the suspended judge, the Administrative Council has recently requested the competent Enlarged Board of Appeal to make a proposal for his dismissal. What is your opinion about this?

SB: To begin with, it is must be noted out that the disciplinary proceedings initiated in this case do not comply with the rule of law but rather have been conducted in a manner comparable to criminal proceedings. Therefore, generally recognised principles such as the presumption of innocence under the ECHR and Charter of Fundamental Rights apply to those affected. Ab initio the EPA procedure has not been conducted in a proper manner because it has been directed by the President. According to rule-of-law principles, disciplinary proceedings against judges should be conducted exclusively by independent judges. From this perspective, these disciplinary proceedings are pre-destined to collapse.

Juve: The EPO published the main allegations against the accused person in a Communiqué. Is this compatible with international principles?

SB: In a disciplinary procedure the principle of confidentiality is of fundamental importance, in particular having regard to the presumption of innocence. That does not mean that press releases are prohibited, but any kind of polemical content should be avoided.

In addition to this, in an internal e-mail to all EPA employees, a copy of which was provided to JUVE, Battistelli has publicly disseminated further accusations of a personally denigrating nature against the judge.

Such behavior is unacceptable. From the very outset, the actions of the President were devoid of any legal basis.

Juve: The basis for the Administrative Council’s decision was, a report by an external investigation unit. Can this be used as a basis for the disciplinary tribunal?

SB: The deployment of this investigation unit provides the clearest possible confirmation that the disciplinary proceedings is not based on an approach which complies with the rule of law. The course of action which has been adopted could not be more flagrantly at odds with the international conventions to which all the Member States have subscribed.

Juve: What possibilities does the Enlarged Board of Appeal have now?

SB: They should reject all the requests of the Administrative Council and terminate the proceedings in order to draw attention to the fundamental abuse of procedure.

Juve: What impact might these problems have on the upcoming unity Patent?

SB: The Administrative Council must ensure that the EPC contracting states adhere to rule-of-law-based democratic principles and enforce an organisational separation of the administrative and judicial departments of the EPO. This is all the more urgent, because the Agreement on the Unitary Patent couples the EU in a blatantly unlawful manner to these structures. The regulations governing the Single Patent only provide effective legal protection in the case where a patent application is successful. If the EPO in its capacity as the competent administrative instance rejects an application, then the applicant cannot submit this decision to an independent judicial review. Such a state of affairs is contrary to Article 47 of the Charter of Fundamental Rights and, likewise Articles 6 and 13 ECHR.

Juve: Could a potential complaint against the Unitary Patent, for example before the Federal Constitutional Court, be based on such considerations?

SB: Yes, of course. Due to the fact that it is only the owners of rejected patents who enjoy no judicial protection, there is additionally a violation of the right to protection of property enshrined in the ECHR. In additional, there is no objective reason for this omission – the formulation of the [Unitary Patent] Agreement is arbitrary in this respect.

Please stay tuned as we have a lot more to come regarding the EPO. Pierre-Yves Le Borgn’, a French politician who formed somewhat of a political ‘coalition’ against a largely French EPO management [1, 2, 3, 4], is getting involved again (translation from French required). There is coverage in several other languages, including German and Dutch (English translations would be very much appreciated, for future record and publication/dissemination across the Web).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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

What Else is New


  1. Release: Search Warrant and Reports on Findings When Bill Gates' Engineer Arrested for Pedophilia

    Readers can finally see all the details about what was taken (portable drives, laptop, desktop etc.) and what was found when a search was executed at the home of Bill Gates' engineer while he was at Bill's house (where he worked regularly); as far as we are aware, the police never searched Bill's house and computers



  2. Links 6/8/2020: FSF Has New Chief, LibreOffice 7.0, Linux App Summit Goes Online

    Links for the day



  3. Links 5/8/2020: Wayfire 0.5 and Plasma Browser Integration

    Links for the day



  4. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  5. SUSE is Still Pushing Microsoft Proprietary Software and Bragging About the Novell Patent Collusion With Microsoft

    SUSE seems to have learned no lessons after the aftermath of its (or Novell’s) Microsoft patent scam, which had been negotiated partly by Miguel de Icaza (now working directly for Microsoft) before causing Novell to collapse and offload its patents to Microsoft (‘TikTok operandi’ or asset stripping); the past cannot be left behind if SUSE — like Novell — celebrates and perpetuates that past



  6. Release: 29 Pages of Internet Access Report About Pedophile Working for Bill Gates at His Home

    As we’ve found nothing too sensitive in the document, today we’re finally disclosing and publishing the second release (first one published yesterday); this includes network addresses used on the devices of the engineer of Bill Gates, who had a laptop and external hard drives (portable) with plenty of child pornography (imagery and videos)



  7. Links 4/8/2020: Kodachi 7.2, Collabora Office 6.4

    Links for the day



  8. [Meme] Nadella is Doing With Donald Trump What Ballmer Did With Elop and Icahn to Steal Other Companies (Nokia and Yahoo, Respectively)

    The illegal (attempted) confiscation of a Chinese company to distract from or compensate for Microsoft's collapse reminds us that Microsoft is only getting worse and more malicious under Nadella, who is happy to liaise with a hugely corrupt and racist regime



  9. We Don't Really Know How Many People Died With (or From) COVID-19 and How Many Will Die After Home Recovery or Release From Hospital

    The coronavirus pandemic that began last year as an epidemic (COVID-19) is still a very serious problem, even half a year after its widespread arrival in Europe; it's important to emphasise the importance of not down-playing this problem (which is far from solved) because social control media is full of junk



  10. IRC Proceedings: Monday, August 03, 2020

    IRC logs for Monday, August 03, 2020



  11. Release: Police Report About Arrest of Bill Gates Engineer for Pedophilia (Detained at Residence of Bill Gates)

    Today we release 15 pages (amongst almost 3,000 pages we have) about the Jones arrest; this includes details about what happened when the detectives came to the home of Bill Gates



  12. Bill Gates' Personal Engineer Rick Jones is Connected to Other Child Pornographers. One Key Contact Works (or Worked) Indirectly for Microsoft.

    MagicHour listed Microsoft among their clients, as we noted before, and the full (redacted for child porn reasons) name is Brett Paine. We had reached out to the employer (several of us, separately), but we never received any reply.



  13. Links 3/8/2020: Linux 5.8, GNU Linux-libre 5.8, Libinput 1.16, Rust 1.45.2, Julia 1.5

    Links for the day



  14. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  15. [Meme] Is It Not a Layoffs Round When You Rebrand It?

    More and more Microsoft layoffs; but the media is hardly interested in reporting those and/or analysing the growing scale of the layoffs (about half a dozen rounds of layoffs this summer alone)



  16. IBM is Already Gutting Red Hat and Firing Employees Without Warning, Jim Whitehurst Isn't Even Using GNU/Linux

    The situation at Red Hat isn’t good, employee morale is very low, and yet — perhaps unsurprisingly — nobody seems to be talking about it (at least not in the mainstream media)



  17. Microsoft Lays Off Many More Workers in the Advertising Division/s and Terminates Products While the Press is Distracted by TikTok Rumours

    Microsoft is laying off a huge number of workers without properly reporting these and whilst exploring ways to divert attention away from those layoffs



  18. Links 2/8/2020: Wine-Staging 5.14, VokoscreenNG 3.0.5

    Links for the day



  19. IBM and the Bomb - Part VI: Diplomacy Replaced With 'Trade' (Money Over Politics), or How Watson Jr. Was Sold to the Public, in the Same Way His Father (IBM Co-founder) Sold His Business Relationship With Dictators Like Hitler

    Sometimes people are led to believe that corporations directly and indirectly run their country; judging by the events of 4 decades ago (IBM chief becoming the American representative in Russia/Soviet Union), this is hardly a new thing and it's not a myth, either



  20. IBM and the Bomb - Part V: Arms Control by Company That Profits From Nuclear Arms? World War II Mistakes Repeated?

    A decade after the end of the deadliest war his father died and two decades later he repeated the same mistake — the error of conflating business with politics, as if maximising revenue would miraculously achieve the best outcome for nations as well



  21. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



  22. Links 2/8/2020: Nitrux 1.3.1, Debian GNU/Linux 10.5 “Buster” and Wine 5.14 Released

    Links for the day



  23. [Meme] Privilege: When They're Born Into Money That Means They Know Everything About Anything

    Tens of thousands of nuclear weapons were in 'safe hands' because rich kid Tom was representing the United States in Russia (USSR at the time), having proven his skills by being born to the man who had met Hitler and made lots of money in the Third Reich



  24. IBM and the Bomb - Part IV: IBM's Watson Came Under Fire for Representing the U.S. in U.S.S.R./Russia With No Qualifications or Any Relevant Experience

    There was certainly resistance to "Mr. rich man" Watson Jr. becoming a US diplomat owing to privilege (born into the 'right' family) rather than experience and/or political track record, symbolising a sort of "revolving doors" phenomenon -- namely overlap between business and politics, or money and power, respectively



  25. IBM Loves Power (and Nuclear POWER, or Expensive OpenPOWER) More Than It Loves GNU/Linux

    As we noted last week, IBM is very close to Modi because it is moving a lot of its workforce to India and this can become a future liability to IBM’s reputation (or lack thereof) as a tolerant firm



  26. IBM and the Bomb - Part III: IBM's Watson Jr. Rose From Business V.I.P. to U.S. Ambassador in the Soviet Union During the Cold War (Which IBM Profited From)

    Like his father, who was IBM‘s co-founder and later president of the International Chamber of Commerce (ICC), which helped the Nazis, Watson Jr. entered US and international politics in his later days; recently-declassified documents show us his political legacy



  27. Donald Trump's Trash Against China Helps Prop up Microsoft Monopoly and Distract From All the Microsoft Layoffs

    Microsoft as a surveillance giant of the United States government isn’t a myth; it was first in the PRISM programme of the NSA (Bill Gates is a loud proponent of NSA surveillance), it took over European Skype under mysterious circumstances, and now it might be getting TikTok as a ‘gift’ from Donald Trump’s friends and the imperialists, in effect confiscating Chinese assets for full-spectrum dominance



  28. [Meme] Testosterone Patent Office

    When you're running an office that's barely diverse at all and you paint a misleading picture of it expect backlash



  29. The Criminals Who Run the EPO Are Exploiting Lesbian, Gay, Bisexual and Transgender People to Distract From Their Corruption and Crimes

    The misuse of social justice causes by corporate interests has become grotesque; more people ought to speak about the ramifications and object/work against this misuse, which mostly serves to obscure or distract from the biggest issues



  30. EPO Workers Are Losing Their Homes and Losing Their Time Off; It's All About So-called 'Production'

    As another wave of attack on labour rights, European Patent Office (EPO) workers turn their homes into their workplaces and they no longer enjoy any real breaks from work (they work all year around, sometimes until midnight and overnight); they’re supposed to be thankful and even happy as if António Campinos does them a favour by not firing them (at least not yet) and because there’s a health crisis they should be grateful for anything thrown at them (Benoît Battistelli + disaster = Campinos)


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