11.24.15

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Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

Posted in Europe, Patents at 4:38 am by Dr. Roy Schestowitz

False portrayals of an internal conflict

Snowden and China

Summary: Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

TECHRIGHTS has been against the UPC in all its previous incarnations (and names) for nearly 8 years because it increases injunctions, damages, and serves as a vehicle through which to expand the scope of patents, e.g. to software.

“It looks like an effort to paint SUEPO as an external enemy — the same tactic which right-wing politicians and media attempted against Edward Snowden shortly after he had unmasked himself in Hong Kong.”We have never, however (not even once!), heard from a source of ours regarding the UPC. We therefore conclude that our views on such matters are ours alone. SUEPO never expressed an opinion on the matter, neither publicly nor in person (as far as we are aware). So Where does such a fictional allegation come from? As our previous article made apparent, some say that “Battistelli said that EPO staff wants to block the community patent.” It looks like an effort to paint SUEPO as an external enemy — the same tactic which right-wing politicians and media attempted against Edward Snowden shortly after he had unmasked himself in Hong Kong. We cannot verify the claim that “Battistelli said that EPO staff wants to block the community patent,” but let’s assume we can take it at face value. A response to that has just been posted and it says: “I genuinely can’t think why BB can suggest that the staff are trying to block the EU patent. I can’t remember the union ever voicing an opinion and, in any case, that’s only a few disgruntled staff in hus view so that hardly equates to ‘the staff’. Indeed staff would quite happily be closer to the EU in terms of staff rights of association et al, so I think this may just be some form of paranoia about his pet subject. Either way, it’s not true.”

MaxDrei wrote about the French angle (remember that the main proponent of the UPC was a French commissioner): “I was startled to read that BB has accused the EPO staff of trying to sabotage the EU patent. That suggests to me that BB’s [Battistelli] actions are indeed explained as actions in support of the political imperative of making the Paris-based UPC a popular success, from the get go. When members of BB’s management team look through their group prism, why else than to frustrate their management objective is anybody opposing the team? Ergo, any resistance is mounted only by those seeking to sabotage the EU patent.”

“That suggests to me that BB’s [Battistelli] actions are indeed explained as actions in support of the political imperative of making the Paris-based UPC a popular success, from the get go.”
      –MaxDrei
“How to make the UPC popular from the get go (and thereby please not only France but also Germany)? In an earlier post I suggested how. Reduce the EPO to a registation only office and disable the appeal and post-issue opposition processes. How to do that? Use EPO funds to manipulate opinion at AC level. Elevate staff distress to such high levels that everybody who can takes early retirement. Effectively stop all recruitment. That should do it! ”

One classic way to discredit a movement is to mischaracterise its goals, which in turn confuses the public and makes the movement less popular, due to poorer comprehension of motivations and aims. When it comes to the EPO, the management is either framing it as a personal attack, a witch-hunt against a single person (“Sun King” Battistelli), or an attack on the office itself (if not Europe itself), attributing it all to just a few disgruntled individuals. This is another pattern of EPO deception. They try to present it all (e.g. to the media) as a few militant people (pointing the finger at SUEPO) who are simply trying to crush the Office or its management (because of a personal vendetta).

“The last time there was a strike ballot, the ‘few’ turned out to be about 90% – which meant even more than just all union members had voted for the strike…”
      –Anonymous
As this new response makes clear: “The last time there was a strike ballot, the ‘few’ turned out to be about 90% – which meant even more than just all union members had voted for the strike (BB only allows himself to organise the union strike ballots and he chooses who can vote in order to try to scupper the vote – it was touch and go whether he would insist that he got a vote himself…). Either he forgets or he misspeaks.”

“Sun King” is fighting a losing battle here. Trying to misrepresent staff intent and mischaracterise staff protests would achieve nothing except reinforce that perception that he lies habitually.

“Blessed are the forgetful: for they get the better even of their blunders.”

Friedrich Nietzsche

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