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

01.17.16

Unitary Patent (UPC) Highlights Reality Behind the EPO’s Management and Its Multinational/Overseas Bosses

Posted in Europe, Patents at 1:13 pm by Dr. Roy Schestowitz

The Banana Republic which is Eponia best illustrated as follows…

Reunión of Pinochet and Kissinger
Source: Archivo General Histórico del (Ministerio de Relaciones Exteriores de Chile)

Summary: A survey of news about the Unitary Patent Court, the driving forces behind it, and who will actually benefit from it if/when it becomes a reality

THE EPO is not a European body but an international organisation above European law — one that may even break international law as long as it feels immune enough from local law enforcement (whatever the locality might be). Over the years I was approached by whistleblowers who had suffered reprisal for purely political reasons. One of them was from the UN. I saw in her a lot of what I see now in Elizabeth Hardon. She angered the ‘wrong’ people by daring to help expose their abuses. She was in for a surprise. The legal system was not present (except show trials); there was lawlessness everyone and it took a considerable toll on physical health, mental health, etc. Public perception around international organisations needs to change because these organisations are often assumed to be benevolent by virtue of having no borders or loyalty to one particular nation/ethnicity/religion. What many people easily overlook is the inclination of such organisations to serve power, or class. This can mean lenience or favouritism for large international corporations, too. Plutocrats live a life void of fear from the courts and they travel without borders (many have their private jets). They exercise power and coerce international bodies, where the currency (not a commodity) is power. That’s just an essential point that EPO employees sooner or later learn from experience. The I.L.O. is far too slow (and thus weak) to protect them. Protecting the weak from the powerful isn’t quite the goal because such systems were put in place by the powerful. Those who speak truth to power should watch out, or else they’re end up hiding in some embassy in London or somewhere in Moscow.

“It’s hard to imagine that someone like Augusto Pinochet would even want to be associated with an autocrat like Battistelli.”The madman who now runs the EPO, Mr. Battistelli, has just been mentioned by the press in Korea, which was used as an excuse to provide inexcusable favouritism to large multinational corporations such as Microsoft. We’ve heard that south America is next on Battistelli’s itinerary. Eduardo, who provides Techrights and equips us with all the Spanish translations, originally came from south America and he is not happy about Battistelli going there. “Once you mentioned,” he said, that “this guy will go to Chile to visit Augusto Pinochet’s grave.”

Well, all we know is that Battistelli will go to south America, based on an online source. It’s hard to imagine that someone like Augusto Pinochet would even want to be associated with an autocrat like Battistelli.

“I did remember something my great uncle regarding a military dictator,” Eduardo added, “who expropriated a lot of lands to our family. I will apply it to Pinoccio Battistelli: ‘I hope when he dies they will make a coffin in the shape of a (soccer) football. So we can take it to the cemetery by kicking it all the way to it’” (it’s a crude joke, no doubt, but a lot of people are now very angry at Battistelli, even people outside the EPO).

Last month we wrote about James Nurton giving Battistelli a platform at a patent lawyers’ site. He said that Battistelli had answered all the questions passed to him, but he excluded the question that I asked his publisher to ask. Nice bias by omission there. The interview that James Nurton did with Battistelli (probably subjected to strict rules and conditions imposed by the aggressive PR team) was filled with UPC promotion, despite the fact that the UPC is not yet a reality and might never become a reality. Here is Nurton again with “Some practical questions about the UPC” (more like talking points in favour of the UPC and self-fulfilling prophecies).

“He [Battistelli] may seem superficially client friendly and indeed a lot of pressure is exerted on the examiners and board members not to refuse applications or otherwise bite the hand that feeds them.”
      –Anonymous
“As the clock ticks down to the launch of the Unified Patent Court,” Nurton wrote, “interest is increasing in how the yet-to-be-appointed judges will handle cases, who they will be and what impact the UPC will have in Europe” (people are already applying for such jobs in the UK, as we recently learned, even though the large majority of such jobs would be in Germany).

Nurton’s piece is totally void of any criticism of the UPC. He is speaking to patent lawyers, not Europeans (more than 99% of them are not patent lawyers) to whom the UPC brings nothing but harm.

As one comment put it today, “most attorneys are not at all in favour of the Unitary Patent.” To quote this in context (the EPO scandals):

Somebody further up asked why Merpel in particular and attorneys in general should worry about a case which appears to deal with disgruntled trade union members?

Well, do you really think somebody who respects his employees so little and treats them with such a contempt for legality would be anymore lawabiding when it comes to his clients.

He [Battistelli] may seem superficially client friendly and indeed a lot of pressure is exerted on the examiners and board members not to refuse applications or otherwise bite the hand that feeds them. But indeed, most attorneys are not at all in favour of the Unitary Patent. They won’t be treated any better when it turns out there is a conflict of interest between huge overseas multinationals and local economic entities.

Indeed, the biggest beneficiaries here are big multinationals. A company like Apple is said to have estimated that a lawsuit in the whole of Europe (e.g. banning Android devices in the whole continent over a petty patent dispute) would cost ‘just’ $1 million under the UPC. Does that sound like something that can help poor European SMEs? Total poppycock.

The FFII’s President, Benjamin Henrion, says that he is “Sick in bed reading UKIPO long PDFs over Unitary Patent ratification, have a hard time to understand their software exception” (software patents).

“It’s not because of the sickness,” I told him, “it’s vague and confusing (as such) by intention and design.” This way he’ll need to hire a lawyer for about 400 euros per hour.

“The government intends to bring forward legislation to implement the Unified Patent Court Agreement in January 2016.”
      –UK-IPO
Is the British UK-IPO becoming more like a vassal of the Battistelli regime? Seems so. “Government Response to Technical Review of UPC implementing legislation published today,” they wrote on Friday, having published “Secondary Legislation Implementing the Unified Patent Court”.

To quote the page (not the PDFs): “This government response gives a full analysis of responses to the Technical Review and Call for Evidence and outlines the direction that government will be taking. The government intends to bring forward legislation to implement the Unified Patent Court Agreement in January 2016.”

UK-IPO, says Henrion, “mentions the average legal cost for a dispute over an UPC patent will be 1M pounds” (he aptly labels this “SME killer”).

He has asked UK-IPO, “what is this software exception in UK law?” He later added that “this would imply that software patents exist in the first place.” They obviously should not. For all we know, the UK-IPO is not even responding. UK-IPO never responded to me. They’re stonewalling. They don’t care about the public and they definitely snub public voices. There was going to be an EPO protest in front of a diplomatic British office in Germany (February 2015), but the British government stepped in to intervene, along with Battistelli. The powerful politicians are revolting against scientists.

It looks like UK-IPO is preparing to surrender to the EPO some time very soon (with the UPC). Multinational corporations are getting their way rather quickly thanks to the Battistelli regime. EPO staff should know by now who Battistelli is loyal to; he has no loyalty to his staff, whom he merely views as an enemy (most of them signed a petition against the EPO's recent actions). Is Battistelli acting like a European politician or like a corporations’ (clients’/applicants’) lobbyist?

“He does not possess wealth; it possesses him.”

Benjamin Franklin

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

    Links for the day



  2. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  3. 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



  4. 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)



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

    Links for the day



  6. [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



  7. 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



  8. IRC Proceedings: Monday, August 03, 2020

    IRC logs for Monday, August 03, 2020



  9. 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



  10. 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.



  11. 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



  12. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  13. [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)



  14. 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)



  15. 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



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

    Links for the day



  17. 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



  18. 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



  19. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



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

    Links for the day



  21. [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



  22. 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



  23. 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



  24. 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



  25. 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



  26. [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



  27. 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



  28. 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)



  29. IRC Proceedings: Friday, July 31, 2020

    IRC logs for Friday, July 31, 2020



  30. Managing IP Still Champions Fake 'News' for Team UPC

    Managing IP does not care about its reputation; all it cares about is appeasing its clients by spreading falsehoods and perpetuating baseless hope


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