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

02.23.16

Leaked: Board 28 Message to Heads of Delegation of the Administrative Council (EPO)

Posted in Europe, Patents at 12:09 pm by Dr. Roy Schestowitz

Summary: A document from Jesper Kongstad (Administrative Council’s Chairman) assertively calls for corrective actions inside the Office, as the Organisation as a whole now fears the mess it has succumbed to

TECHRIGHTS has a lot of stuff to publish regarding the EPO. It will come out gradually in the coming days as some of it is time-sensitive, there’s rather explosive stuff among it, but still not enough time to publish it all (I work full time and my wife’s illness, apparently a flu, is not helping either). We do, however, want to put out there the following text from Jesper Kongstad as soon as possible, as later remarks and rumours will depend on it.

To Heads of Delegation of the Administrative Council
11 February 2016
Update on B28

Dear colleagues,

At its meetings of 2 and 17 February, B28 concentrated on the issue of the social unrest within the EPOffice. In addition, a meeting took place on the 10 February between the Administrative Council Chairman, Deputy Chairman and the Chairman of the BFC, and the President, VP5 and the President’s Chef de Cabinet. The aim was to explore the possibility of the cooperation between the President and the Council to address various social issues, and in particular the disciplinary cases involving SUEPO leaders.

The Council members of B28 reiterated what the Council has stated repeatedly, not least that the handling of disciplinary cases was one of the major obstacles to reaching consensus with the trade unions on an MOU. We also made clear that these disciplinary cases had triggered very serious concerns as the political level about the proper functioning of the organisation.

Unfortunately, we have not been able to engage in a meaningful dialogue with the President. We therefore saw it as unavoidable to translate the serious concerns of the Council members into a formal request to be addressed to the President. A copy of B28′s draft document setting out this request is attached. Its aim is to give a fresh and strong impetus to solving the most important and urgent problems currently facing the organisation.

At the B28 meeting on 17 February, the President rejected the document, in particular questioning the legal basis of the first and second requests. On the question of legality, it is obvious to us that there is no obstacle whatever to the Council making requests to the EPoffice President. It is then for the President to respond positively to such requests. We are convinced that there are solutions which are legally possible, the more so as no one is likely to challenge the requested external review and parallel suspension of pending cases.

It is intended to submit the attached proposal to the Council, for a decision at its March meeting, making a formal request to the President. Unfortunately, it was not possible to discuss the March Council agenda as a whole before the President left the B28 meeting. Nevertheless, you will receive the agenda for the March meeting in due time.

On behalf of B28 Colleagues,

Best regards,
Jesper

DRAFT
DECISION

The AC, in its capacity as supreme organ of the EPOrg -

having repeatedly expressed its deep concerns about the social unrest within the EPOffice;

having repeatedly urged the EPOffice President and the trade unions to reach
consensus on an MOU which would establish a framework for negotiation between
social partners;

noting that disciplinary sanctions and proceedings against SUEPO leaders have,
among other reasons, jeopardised such consensus;

noting without taking position on the justification of these disciplinary sanctions and proceedings, that they are widely questioned;

recalling the importance and urgency of the structural reform of the BOA;

recognising the important institutional role of the AC and its dependence on a well-resourced
and independent secretariat;

Request the EFOffice President -

to agree to an external review of the disciplinary sanctions and proceedings against SUEPO leaders;

to suspend these disciplinary proceedings pending the outcome of the review;

to submit to the AC a draft revision of the Staff Regulations which incorporates investigation guidelines (including the investigation unit) and disciplinary procedures which have been reviewed and amended;

to achieve, within the framework of the tripartite negotiations, an MOU simultaneously with both trade unions, which would have no pre-conditions or exclude any topics from future discussions;

submit proposals to the AC at its June 2016 meeting, after discussion in B28, for immediate implementation of the structural reform of the BOA, on the lines of the 5 points agreed by the AC at its December 2015 meeting and of the legal advice given by Prof. Sarooshi, and taking into account comments from the Presidium of the BOA;

to submit proposals to the AC at its June 2016 meeting, after discussion in B28, for reinforcement of the AC secretariat and a clarification of its position in terms of governance.

Those who have additional input can securely drop it within our reach. We already have a backlog of material, but at the end we cover everything that is suitable for publication, as soon as no sources are at risk. Tomorrow there will be a guest appearance from Željko Topić.

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

2 Comments

  1. katkatkat said,

    February 23, 2016 at 5:01 pm

    Gravatar

    BB and his supporters have prepared a ridiculous letter in support of the management and against the above draft letter/decision. The letter denies the existence of a social conflict and states a support for the course of action taken by BB.
    The President is clearly blackmailing the managers and so many directors are facing a dilemma: sign it or not? They know that if BB survives they will have a hard life.
    I hope you’ll receive copy of it and that you’ll post it here. It will show the extent of madness of the EPO high management.
    No letter will help BB. He’s bound to fall soon.

    Dr. Roy Schestowitz Reply:

    Got it. Will be published soon.

What Else is New


  1. Raw: Why EPO Host Nations (Netherlands and Germany) Turn a Blind Eye to Horrific Scenarios

    Put bluntly, attacks on the staff don't matter as much as the money, so host nations look the other way and try to brush a defunct system under the rug



  2. Raw: EPO 'Social Democracy' is Like a 1AM Vote on UPC by Only 5% of Politicians

    A reminder that the EPO's disdain for democracy goes more than three years back



  3. Amid Constitutional Court Barrier, Unitary Patent (UPC) Looks Dead Even to UPC Proponents, the EPO's UPC 'Study' Comes Under Fire

    This Thanksgiving Day is spent by Team UPC trying to prop up the UPC even though no progress whatsoever is being made and the EPO's 'study' on the UPC is said to be flawed



  4. The European Patent Office Has Become the 'Foxconn' of Patent Offices

    The demise of the EPO, which emulates patent offices that are racing to the bottom, is a life-threatening employer which now jeopardises its very existence



  5. Links 23/11/2017: Lumina and Qt Quick

    Links for the day



  6. EPO is Imploding as Benoît Battistelli Drains Out Work, Talent, and Justice

    Battistelli's vicious assault on the Office, culminating in an attack on justice and the drainage of work (declining/decreasing 'demand' for 'products') necessarily means mass layoffs and nothing to fill the vacuum left



  7. Links 22/11/2017: Qt 5.9.3 Released, FCC v the Internet

    Links for the day



  8. Patent Lawyers' Media Comes to Grips With the End of Software Patents

    The reality of the matter is grim for software patents and the patent microcosm, 'borrowing' the media as usual, tries to give false hopes by insinuating that the Supreme Court (SCOTUS) may overturn Alice quite soon



  9. Patent Trial and Appeal Board (PTAB) Foes Manipulate the Facts to Belittle the Impact of PTAB

    In an effort to sabotage PTAB with its inter partes reviews the patent microcosm is organising one-sided events that slam PTAB's legitimacy and misrepresent statistics



  10. Links 21/11/2017: LibreELEC (Krypton) v8.2.1 MR, Mesa 17.3.0 RC5

    Links for the day



  11. PTAB Inter Partes Reviews (“IPRs”) Are Essential in an Age When One Can Get Sued for Merely Mocking a Patent

    The battle over the right to criticise particular patents has gotten very real and the Electronic Frontier Foundation (EFF) fought it until the end; this is why we need granted patents to be criticised upon petitions too (and often invalidated as a result)



  12. Chinese Patent Policy Continues to Mimic All the Worst Elements of the American System

    China is becoming what the United States used to be in terms of patents, whereas the American system is adopting saner patent policies that foster real innovation whilst curtailing mass litigation



  13. Links 20/11/2017: Why GNU/Linux is Better Than Windows, Another Linus Torvalds Rant

    Links for the day



  14. “US Inventor” is a “Bucket of Deplorables” Not Worthy of Media Coverage

    Jan Wolfe of Reuters treats a fringe group called “US Inventor” as though it's a conservative voice rather than a bunch of patent extremists pretending to be inventors



  15. Team Battistelli's Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

    A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office



  16. PTAB is Safe, the Patent Extremists Just Try to Scandalise It Out of Sheer Desperation

    The Leahy-Smith America Invents Act (AIA), which gave powers to the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), has no imminent threats, not potent ones anyway



  17. Update on the EPO's Crackdown on the Boards of Appeal

    Demand of 35% increases from the boards serves to show that Battistelli now does to the 'independent' judges what he already did to examiners at the Office



  18. The Lobbyists Are Trying to Subvert US Law in Favour of Patent Predators

    Mingorance, Kappos, Underweiser and other lobbyists for the software patents agenda (paid by firms like Microsoft and IBM) keep trying to undo progress, notably the bans on software patents



  19. Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

    The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles



  20. Alice Remains a Strong Precedential Decision and the Media Has Turned Against Software Patents

    The momentum against the scourge of software patents and the desperation among patent 'professionals' (people who don't create/develop/invent) is growing



  21. Harm Still Caused by Granted Software Patents

    A roundup of recent (past week's) announcements, including legal actions, contingent upon software patents in an age when software patents bear no real legitimacy



  22. Links 18/11/2017: Raspberry Digital Signage 10, New Nano

    Links for the day



  23. 23,000 Posts

    23,000 blog posts milestone reached in 11 years



  24. BlackBerry Cannot Sell Phones and Apple Looks Like the Next BlackBerry (a Pile of Patents)

    The lifecycle of mobile giants seems to typically end in patent shakedown, as Apple loses its business to Android just like Nokia and BlackBerry lost it to Apple



  25. EFF and CCIA Use Docket Navigator and Lex Machina to Identify 'Stupid Patents' (Usually Software Patents That Are Not Valid)

    In spite of threats and lawsuits from bogus 'inventors' whom they criticise, EFF staff continues the battle against patents that should never have been granted at all



  26. The Australian Productivity Commission Shows the Correct Approach to Setting Patent Laws and Scope

    Australia views patents on software as undesirable and acts accordingly, making nobody angry except a bunch of law firms that profited from litigation and patent maximalism



  27. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  28. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  29. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  30. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day


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