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

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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  2. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  3. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  4. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  5. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  6. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  7. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  8. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  9. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  10. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  11. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  12. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  13. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  14. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  15. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  16. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  17. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  18. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  19. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  20. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  21. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  22. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  23. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  24. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  25. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  26. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  27. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  28. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  29. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)



  30. What IAM Says About AST, RPX, Ericsson, and IBM

    IAM, the trolls' mouthpiece (also the EPO's mouthpiece, but that's another story), provides updates on trolls and troll-like entities, but further commentary is needed to clarify and counterbalance the promotional language


CoPilotCo

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

CoPilotCo

Recent Posts