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

01.18.16

Battistelli’s Legitimacy Under Political Fire After He Fired Staff Representatives, Claims He’s Neither Suitable Nor Eligible to be EPO President

Posted in Europe, Patents at 5:35 am by Dr. Roy Schestowitz

Philip Cordery (below) joins the battle after Friday's complaint from Pierre-Yves Le Borgn’

Philip Cordery

Summary: Benoît Battistelli comes under very intense pressure from French representatives of French residents overseas; questions arise, citing ILOAT Judgment 1061, regarding the very existence of Battistelli inside the EPO (let alone eligibility to hold his position)

THE PILE of EPO ‘dirty laundry’ is growing again, as readers who are upset at the EPO send us even more (extending an already long backlog). One thing we wish to get out of the way — so to speak — before proceeding to new Topić revelations, is the attack on staff representatives. Things are far from over and we still strongly encourage every European reader to contact national delegates.

“When injustice becomes law, resistance becomes duty,” Thomas Jefferson is quoted as saying this morning. Cordery, a French politician who previously complained about the Battistelli regime (we wrote about Cordery on more than one occasion), is lashing out again (he’s in the fourth constituency for French residents overseas):

Philip Cordery French MP representing French expats living in the Benelux wrote on Facebook
16 January at 01:31 · Brussels, Belgium ·

Journée noire à l’Office européen des brevets (OEB / European Patent Office)

La gestion antisociale de l’OEB, conduite par son président M. Batistelli, a atteint aujourd’hui des nouveaux sommets. Des sanctions sans précédent ont été prononcées à l’encontre de trois représentants du personnel : la présidente de Suepo Munich licenciée avec en prime une réduction de 20% de ses droits à la retraite ; l’ancien président de cette même organisation, licencié ; son trésorier rétrogradé de 8 échelons, ce qui équivaut à perdre 15 ans de travail. Motif ? Avoir daigné publiquement représenter leurs collègues pour tenter de défendre leurs droits.

Ces décisions autoritaires et arbitraires sont purement scandaleuses. Les droits les plus élémentaires des salariés, en vigueur dans tous les pays d’Europe, sont bafoués au sein de l’OEB sans qu’aucune juridiction nationale ou internationale ne puisse agir. Immunité n’est pas synonyme d’impunité.

Depuis de trop nombreuses années, la situation sociale de cette organisation se dégrade. Trop c’est trop. L’ensemble des États membres doit agir et vite, à l’instar de la France qui a à plusieurs reprises demandé un audit social. J’ai de nouveau saisi le gouvernement en ce sens. Il faut d’urgence mettre un terme à l’arbitraire et refaire vivre cette organisation si importante pour l’Europe toute entière.

Je veux assurer tout le personnel, et notamment ses représentants, de mon soutien plein et entier. Nous restons vigilants et agirons avec tous nos moyens jusqu’à ce que la démocratie et la justice retrouvent leurs droits au sein de l’Office.

An English translation of the above would be appreciated. We are still waiting for anyone who can supply a translation of the Heise article and a copy of the internal communication from Battistelli about Friday’s firings.

How much more can Battistelli withstand? He reportedly threatened to resign already. Battistelli’s “political connections in France,” says this new comment, is a “breach of the standards required of an international civil servant”.

We wrote about Battistelli's political connections last night and here is the comment which reflects further:

A number of commentators here have referred to BB’s political connections in France and the fact that he holds elected office as a municipal councillor in France (St. Germain-en-Laye) on a party ticket for the UMP (in the meantime rebranded as “Les Republicains”).

However, nobody seems to have noticed that such involvement in national party politics is in breach of the standards required of an international civil servant according to ILOAT Judgment 1061:

“… an international civil servant, though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party. Integrity, loyalty to the international civil service, independence and impartiality are the standards required of an international civil servant and they require him to keep clear of involvement in national party politics.”

http://www.ilo.org/dyn/triblex/triblexmain.detail?p_judgment_no=1061

Apparently these standards don’t apply to BB …

Yes, Battistelli seems to have different rules applying to him (if any exist and are actually honoured). Here come the FIFA comparisons again. ‘Maxdrei’ (pseudonym of what looks like a patent professional based on previous comments) is quoted as saying: “It was because Mr Blatter managed the flow of dividends to individual members in such a way that most of them thought Blatter a hero. I wager that most EPC Member States see BB as a hero, for much the same reason.”

The reply to that went as follows: “Money makes the world go round and, yet, Mr. Battistelli’s approach is more comprehensive than that. For example, when a member of a country’s Administrative Council delegation has dared to say something that wasn’t in the script, time allotted to that country’s delegation in meetings of the various committees can get drastically cut. Most EPC member states probably don’t see BB as a hero. Unfortunately, they simply don’t think they have an alternative to agreeing to what he wants from them.”

Earlier on another person (maybe someone who is British by the looks of it) wrote: “Mr Alty and Mr Denehey [the British delegates], the time has come to decide whether you are a Churchill or a surrender monkey from Vichy France. Grow a pair and make a stand.”

Mr Alty and Mr Denehey are not even responding. They’re stonewalling. Remember how the British government intervened last year when EPO staff planned a protest against these people.

As one person put it: “The host countries have a special responsibility as they get the benefits of hosting. Do you know how good is for the Munich economy to host the EPO? The minimum you an expect from the host country is vigilance. The Germans are keeping their eyes shut. They do not reserve respect any longer.”

Alluding to Sarkozy-ism and Battistelli, one person wrote: The first request from the french embassy was never answered by the EPO higher level. The second request received a stinging refusal “à la Battistelli”. Rumours has it that Hollande appreciated the act to its fair value.”

Regarding an earlier suggestion of a boycott (of German products) one person said/responded: “A boycott of German goods would be somewhat discriminatory when all states appear complicit.”

In a sense, all nations are complicit in the silence sense, but only Germany can really send Federal investigators (e.g. over privacy abuses). One person brought up an alternative which relates to the Unitary Patent (UP). The person wrote: “It is a good point, but I suggest another measure that will hit where it hurts: Stop using the EPO patent system. And as a corollary the UP system if any.”

One sure thing is, the UPC (or UP for short) would further empower the EPO and mostly serve German lawyers (this is a widely-known fact). Why reward them after this kind of atrocious regime of Battistelli? It makes no sense. The management of the EPO is clearly broken beyond repair (too much cross-pollination). It needs to be rebooted. Questions about the legitimacy of this whole management (not just Battistelli) ought to be surfaced and circulated a lot more for real actions to be taken.

“The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office.”

Henry Mencken

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. Ahead of Supreme Court Decision, the Patent Microcosm is Trying to Scandalise PTAB

    The Patent Trial and Appeal Board (PTAB), which defends many businesses from bogus patents and patent trolls, comes under fire from protectors of the trolls (or those who profit from patent Armageddon/legal chaos)



  2. Benoît Battistelli's Misbehaviour Condemned the UPC to Death

    Press coverage regarding the cause for Germany's decision to halt UPC ratification, with suspension pending in part owing to the serious abuses in Munich and Berlin



  3. The Patent Microcosm is Pushing Hard to Weaken Alice and Revoke PTAB's Authority Using an Upcoming Supreme Court Case

    Patent profiteers (not inventors) continue their shameful campaign against Alice and PTAB now that software patents are in shambles and many get invalidated without them being used litigiously



  4. News About Patents Dominated by Patent Trolls/Aggressors, Their Press Releases, and Sympathisers

    A collection of news items from yesterday, demonstrating just to what degree the narrative of patent trolls (or aggressors) is being spread by paying for distribution



  5. Amazon's 1-Click Patent Continues to Tarnish the Image of the USPTO and of Patents in General

    Public ridicule and scorn over the shallowness of patents granted in the US is inevitable (Amazon has a patent even on white background in photographs), demonstrating that patent maximalism does nobody a favour, only a great disservice to both patenters and the public at large



  6. Bristows LLP Tries Hard to Maintain the Illusion That UPC is Alive, Using Media Placements and Paid Plugs

    Ever-so-desperate efforts to keep the Unitary Patent (UPC) in headlines, even though nothing is happening and nothing is likely to happen any time soon



  7. Links 22/8/2017: Linux 4.13 RC6, Mesa 17.1.7, Wine 2.15, Android O

    Links for the day



  8. IRC Proceedings: July 2nd – July 29th 2017

    Many IRC logs



  9. IRC Proceedings: June 4th – July 1st, 2017

    Many IRC logs



  10. IRC Proceedings: May 7th – June 3rd, 2017

    Many IRC logs



  11. IRC Proceedings: April 9th, 2017 – May 6th, 2017

    Many IRC logs



  12. Patent Scope Recognised as Essential For Patent Quality, But Software Patents Continue to be Granted

    Patents that are toothless, clawless lions are being accumulated by companies that should know various courts would scrutinise these enough to rule them invalid



  13. Litigation and Patenting Versus Research and Development

    reminder of who's 'stealing' jobs from engineers and who it is done for (who benefits from mass taxation rather than actual production)



  14. The Federal Circuit Has Become the Go-To Place For Patent Appeals Arising From USPTO Errors

    Patent appeals that come to CAFC as a result of bad Patent Office decisions now outnumber the appeals coming from district courts (an extraordinary situation)



  15. The Truly Odd Concept of Design Patents, Which the US Supreme Court Might Crush Very Soon

    The epidemic of shallow patents, which has already resulted in patents on mere designs, be soon end; but not before an unprecedented gold rush for such patents



  16. Quality of European Patents Has Sunk, Value Diminished

    The trouble associated with declining patent quality at the European Patent Office and early warnings about it from the staff union



  17. The Notorious 1-Click Buying Patent Expired Rather Than Invalidated

    As proof of the fact that many bogus patents (typically on software) are worthless but not invalidated, we now have Amazon's patents reaching their end of life



  18. PTAB Crushes Software Patents and Patent Extremists Are Not Happy About It

    The Patent Trial and Appeal Board (PTAB), a legal facility which invalidates many software patents, still faces opposition from those who profit from software patents (not software developers)



  19. Software Patents and Patent Trolls Are Almost the Same Problem (Still)

    Apple just got sued again, Microsoft-connected patent trolls continue serial litigation against Microsoft's competitors, and a bike shop gets sued using software patents



  20. Links 20/8/2017: KStars 2.8.1, Fedora Design Interns

    Links for the day



  21. Lack of Independent Judiciary Under the Unitary Patent (Like Boards of Appeal Under Battistelli, in Defiance of the EPC) Will Possibly Kill the Unified Patent Court

    Germany, a key player in UPC negotiations (most patents at stake), cannot proceed to ratification and Britain's expected exit from the European Union further restricts any progress



  22. The Staff Union of the EPO Has Long Warned About Declining Patent Quality

    The quality of granted European Patents (EPs) has been declining sharply and the EPO's staff representatives have warned about it for a long time, only to find themselves severely reprimanded for telling the truth



  23. The EPO's Management Needs a Perception of Security Crisis

    The EPO follows that familiar pattern of writing about every Islamic terror attack in Europe (and in the US too) while media in Munich tells a story where facts are yet uncertain



  24. Links 18/8/2017: Wallpaper of Plasma 5.11, Oracle Liberates Java EE a Bit

    Links for the day



  25. Links 17/8/2017: Krita 3.2.0, New Raspbian GNU/Linux OS

    Links for the day



  26. Corruption at the European Patent Office and Systematic Bullying That Leads People to Suicide/Bankruptcy

    A look back at 3 years of intensive EPO coverage and what's coming up next (suppression of truth behind closed doors in the courtrooms)



  27. Supreme Court Decision on TC Heartland v Kraft Food Brands Group Already Vacates the Eastern District of Texas

    Patent trolls are losing their mojo as patent lawsuits drop 21% in the Eastern District of Texas and this collapse is expected to accelerate



  28. Media Dominated by the Patent Microcosm Spreads Myths and Defends Patent Trolls, Collectors

    Popular culture myths, such as Edison being a prolific inventor, and what we all ought to know about an actual patent epidemic (vast increase in the number of patents granted, bringing the total to over 10 million in the US)



  29. The Patent Trial and Appeal Board Squashes Many Software Patents (Abstract) and §101 Seems Safe From Lobbying by the Patent Microcosm

    The Patent Trial and Appeal Board (PTAB), together with the Alice-inspired §101, is an efficient eliminator of bogus patents on software and there is no end to that in sight



  30. Ericsson Hired From the World's Largest Patent Troll and Became a Massive Troll in Europe

    Ericsson's patent aggression campaign (even in Europe) carries on; it turns out the person behind this strategy came from Intellectual Ventures


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