12.16.15

Battistelli Wants to Make “Lobbying in the Field of European and Unitary Patent” a “Prohibited Activity” for All Except Himself

Posted in Europe, Patents at 8:08 pm by Dr. Roy Schestowitz

Totally drunk on power, Battistelli is now trying to ban more people from speaking

Wine
Battistelli’s alleged infatuation with the French wine industry (to be covered at a later date) gone too far?

Summary: Benoît Battistelli’s globalist/internationalist ambitions (in practice a servitude to large multinational corporations) defended or shielded using the widely-discredited roadmap in CA/98/15

THE MANAGEMENT of the EPO — and Benoît Battistelli in particular — loses faith even among its ‘customers’, or representatives such as AIPPI and EPI. It means that the management is left with almost no allies, only foes or perceived enemies (a consequence of the management trying to brutally crush its critics, even reporters).

A reader who is intimately familiar with the EPO sent us a detailed explanation of the current situation. This relates to what we previously showed (with very extensive proof) about suppression of free speech or diversity of opinions inside the EPO. “Some observations about CA/98/15″ is what our reader called it, alluding to the document responded to by AIPPI and EPI (we posted their letters earlier this evening). Here is what our reader wrote:

The document CA/98/15 has been discussed a lot recently in IP circles.

For example:

http://ipkitten.blogspot.com/2015/12/boards-of-appeal-tell-ac-we-were-never.html

A copy of the document itself can be found here:

http://eplaw.org/document/epo-ca9815/

It’s Battistelli’s proposed “roadmap” for the planned reform of the Boards of Appeal.

Section IV.C deals with the topic of “conflict of interest” situations and refers to “the need to avoid real or apparent conflict of interest situations, including in post-service employment”.

Amongst other things, it contains a proposal for a “cooling-off period” with restrictions in post-service employment for staff who leave the EPO.

Paragraphs 38 and 39 deal with “prohibited activities”.

According to paragraph 38 “the scope of prohibited activities should be so defined as to ensure that knowledge gained while in service may not be used to the advantage of private interests, considering notably the risk of impairing equality among users of the public service rendered by the Office”.

Paragraph 39 states that “the activities covered by the cooling-off period would be thus primarily those closely related to the Organisation’s core mandate, e.g. patent granting activities or lobbying in the field of European and Unitary Patent”.

This is very interesting because here the President is basically telling the Administrative Council that “the Organisation’s core mandate” includes not only patent granting activities but also “lobbying in the field of European and Unitary Patent”.

This seems to be complete nonsense because Article 4(3) of the European Patent Convention states the following:

“The task of the Organisation shall be to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council.”

http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar4.html

The “core mandate” of the EPO is the granting of European patents – full stop.

There is nothing in Article 4 or anywhere else in the EPC about “lobbying in the field of European and Unitary Patent”.

So – apart from perhaps unintentionally revealing Battistelli’s own internal mindset about these matters – what is the rationale behind the attempt to present “lobbying in the field of European and Unitary Patent” as part of the “core mandate” of the EPO?

I did some research and found out the following:

A former Vice-President of the EPO was a gentleman by the name of Manuel Desantes Real who is a Spanish professor of law at the University of Alicante:

http://www.ir-facility.org/manuel-desantes

http://www.asipicartagena2015.com/en/users/manuel-desantes

Prof. Desantes was the Vice-President of Directorate-General 5 (Legal and International Affairs) of the EPO between 2001 and 2008.

Since leaving the EPO in 2008, Prof. Desantes has been quite active lecturing and publishing articles and commentaries about Intellectual Property matters.

One of his favorite topics is the Unitary Patent.

http://conflictuslegum.blogspot.com.es/2013/04/manuel-desantes-el-tribunal-de-justicia.html

https://www2.uni-hamburg.de/fachbereiche-einrichtungen/fg_ta_med//aktuell_is/esf/desantes_manuel_esf_hh2014.pdf

http://ipkitten.blogspot.com/2015/03/the-eu-patent-package-dangerous.html

http://sms.cam.ac.uk/media/1906853

Not only has he lectured and published on this topic, he was also involved in the legal challenges mounted by Spain before the CJEU.

“Professor Manuel Desantes (University of Alicante, Spain) presented Spain’s second legal challenge before the CJEU after the Opinion of the Advocate General Mr. Ives Bot in Case C-146/13 Spain v Parliament and Council. Professor Desantes underlined the inconsistency of the Opinion and noted that, although both a Unified Patent Court (UPC) and a European patent with unitary effect are certainly needed, it should be done on the foundations of a robust system. The unitary patent protection system is not robust enough in its current state, Desantes argued.

In his view, the shortcomings are: the mix of EU and International Law procedures, the vague concept of “enhanced cooperation” in the Unitary Patent Regulation and the presupposition of economical aspects.

https://qmjip.wordpress.com/2015/01/20/preparing-for-the-unitary-patent-package-event-review/

Now, as can be seen from the above, Prof. Desantes is not an opponent of the general idea of a Unitary Patent. He takes the position that “a Unified Patent Court (UPC) and a European patent with unitary effect are certainly needed” but he sees some shortcomings in the current proposals.

So he takes what could reasonably be called “a critical stance” and tries to stimulate an informed public debate about what he sees as the defects in the current proposals. That sounds reasonable enough and it’s hard to see how anybody could object to that.

However, from what I have heard, it seems that Prof. Desantes’ “post-service” activities since leaving the EPO have greatly irritated Battistelli.

He seems to consider such activities as trespassing on what he incorrectly claims to be a “core mandate” of the EPO: “lobbying in the field of European and Unitary Patent”.

It seems that Battistelli is keen to claim his own personal monopoly on such activities and would like to find a way to muzzle critical “insiders” like Desantes when they leave the EPO. He apparently objects to anybody who makes efforts to express “critical views” and/or stimulate informed public debate about these matters.

As far as I can work out, this seems to be one of the key motivating factors behind the proposed restrictions in post-service employment which are discussed in CA/98/15.

We hope that more of our sceptics may, in due course, realise why we have been worried about the Unitary Patent all along (even in previous incarnations when it was given other catchy titles). Its only big fan is Battistelli and Battistelli has virtually no fans; there are only many people who are afraid of Battistelli, who now acts like a lunatic dictator and throws a fit at any opposing view. We will continue to write about the Unitary Patent/UP/UPC in conjunction with coverage about systematic gagging of Battistelli’s critics. There is a class war going on at the EPO and it’s clear whose class Battistelli belongs to (it’s certainly not the European SMEs’ class).

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2015/12/16/battistelli-against-free-speech/

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. IRC Proceedings: Saturday, February 27, 2021

    IRC logs for Saturday, February 27, 2021



  2. Links 27/2/2021: IPFS 0.8, OnionShare 2.3.1, and New Stuff in KDE

    Links for the day



  3. The Internet After Social Control Media (and Maybe After the World Wide Web Too)

    There seems to be a growing trend of protests and backlash against centralised Internet disservices; there's also growing dissatisfaction over bloat and spyware, which the Web rendered a 'norm'



  4. SCO's Darl McBride is Finished (Bankruptcy)

    Some news about the site and about the long-forgotten SCO, whose infamous old (and sacked) Darl McBride (responsible for decade-long attacks on Linux) loses everything, based on fresh legal documents



  5. IRC Proceedings: Friday, February 26, 2021

    IRC logs for Friday, February 26, 2021



  6. Links 26/2/2021: Wine 6.3, Genode OS Framework 21.02

    Links for the day



  7. Links 26/2/2021: GNU Poke 1.0 is Out and Rocky Linux Leaves Microsoft GitHub

    Links for the day



  8. Microsoft's Status in Web Servers is So Bad That It Has Fallen Off Charts, is Now Partly Delisted

    In several categories or criteria Microsoft is no longer even listed by Netcraft; the share has become rather minuscule during the pandemic, which convinced more companies to explore expense-cutting moves



  9. We Take Away Your Freedom for Your Own Safety...

    People are herded like cattle and protest/dissent will be demonised as part of the new norm; what will be the cost of the pandemic and will resistance to the status quo ever be permitted to resume?



  10. EPO President Pushes Illegal Software Patents in South America (Over the Telephone With a Misleading New Puff Piece)

    The EPO's "news" section has become worse than a form of distraction (from the EPO's internal rot); it celebrates illegal and unlawful practices, spreading them to other continents



  11. The Free Software Foundation Warns Against Using Twitter

    Richard Stallman said Twitter was OK because it was possible to use it without proprietary software; that's no longer the case, so the Free Software Foundation (FSF) speaks out against it. It speaks about it more than 3 months after the problem became a known one and also an irreversible one (maybe Twitter would have reversed the decision if the media or the FSF actually spoke about it early enough).



  12. IRC Proceedings: Thursday, February 25, 2021

    IRC logs for Thursday, February 25, 2021



  13. Stéphane Bortzmeyer Explains Gemini Protocol (February 2021)

    A recent talk from Stéphane Bortzmeyer about Gemini and what it is for (or why)



  14. Links 26/2/2021: Istio 1.7.8 Announced, Blender 2.92, Firebird 3.0 Language Reference, FSF Against Twitter

    Links for the day



  15. Special Thanks to Mogz

    Credit where it's due to Mogz



  16. Modifying WordPress to Include Gemini Links in All Articles (Assuming a Canonical URL Form)

    In order to promote the departure from the World Wide Web (where possible and suitable; sites with text don't typically need Web-like features) one can promote the analogous pages in one's Gemini capsule; we suggest a way of doing so in WordPress (the most widely used CMS)



  17. Links 25/2/2021: RHEL for Open-Source Infrastructure, GNOME 40 Beta, LXPanel 0.10.1

    Links for the day



  18. IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge

    IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge



  19. Techrights Gemini Capsule, Now With Over 35,000 Pages and Files

    Blog posts combined with static (plain text) files are now 36,000+ in number, just for Gemini protocol alone; that number keeps growing as our conversion proceeds and evolves (our software will be released under terms of the AGPLv3)



  20. Eventually, or Hopefully, Many People Will Come Back to What the Web Used to Be (Or Web Alternatives More Like the 'Old' Web)

    With RSS feeds making a comeback and a resurgence of personal blogs we can take back the Web from a cabal of tech/Internet giants and social control media, censored, curated and spied on by oligarchy



  21. If Wikipedia is Controlled by Corporations and Mobs, It Needs to Be 'Cancelled'

    Facts have never truly mattered in social control media sites; it certainly seems as though Wikipedia now suffers the very same issue/deficit, allowing oligarchs and their companies to define what goes on in the world and which people Wikipedia should regard as persona non grata



  22. GNU/Linux Reaffirms Its Status as the Universal and Inter-planetary Operating System

    The operating system made for and by scientists (not business sharks and marketing cults) is winning the battle, and not only in this planet



  23. IRC Proceedings: Wednesday, February 24, 2021

    IRC logs for Wednesday, February 24, 2021



  24. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  25. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  26. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  27. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  28. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  29. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021



  30. How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer

    Using Agate to start one's own Gemini capsule (self-hosted) is a lot simpler than one might be inclined to believe; this is a detailed HOWTO, hoping to encourage more people to join Gemini space, which is fast-growing and free of garbage


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