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. As Electronic Frontier Foundation (EFF) Ramps Up Its Campaign Against Software Patent Trolls the Patent Microcosm Attacks the Messenger (EFF)

    In an effort to thwart Alice and the EFF (two birds, one stone) the patent microcosm goes behind the scenes and saturates the media with misleading articles, including attacks on the EFF itself



  2. In Sandoz v Amgen, the Federal Circuit is Again Found to Have Delivered Patent Injustice

    SCOTUS continues to disagree with CAFC on everything that it decides to reconsider, even the very latest decision (formally delivered earlier this month)



  3. The Supreme Court Can Reassert the Legitimacy of the Patent Trial and Appeal Board (PTAB) Later This Year or Next Year

    What lawyers-centric media characterises as a risk to PTAB may actually be an opportunity to silence critics of PTAB and help it carry on squashing bogus patents



  4. The US Patent Office (USPTO) Should Now be Headed by Drew Hirshfeld, a Patent Examiner Who Rose to the Top, Not a Lawyer Like Joseph Matal

    Donald Trump's Secretary of Commerce, Wilbur Ross, pushes to the top the patent microcosm rather than technical people who are equipped with the knowledge and experience to run the Office as well as Michelle Lee did



  5. After Latest Supreme Court Rulings on Patents, Including Impression v Lexmark, the Federal Circuit is Left Disgraced

    Hostility towards the patent microcosm's patent maximalism, as witnessed at the US Supreme Court (SCOTUS), culminated in another decision and will soon result in yet more decisions, as SCOTUS has since then picked more patent cases to look at



  6. IBM, Apple and Facebook Pursue Software Patents in India in Defiance of the Ban

    Multinationals from the United States, or digital colonisers with ambitions to spy on and control finance, continue to behave as though Indian law is not applicable to their operations in India and repeatedly attempt to patent software anyway



  7. Wouter Pors Under Fire for Lying or Manipulating in the Name of the Unitary Patent (UPC)

    The argument between Team UPC and other patent professionals (without a lot of eggs in the UPC basket) heats up as Wouter Pors resorts to desperate measures and Bristows belatedly admits constitutional problems in the UK



  8. Systemic Injustice at the International Labour Organisation (ILO) Causes Serious Harm to Complainants' Health, Including EPO Complainants

    The high human cost of ILO's failure to fulfill its stated mission while pretending that it has things under control (that is clearly no longer the case, especially as far as EPO cases go)



  9. Links 24/6/2017: GNOME Music Improves, FreeBSD 11.1 Beta 3

    Links for the day



  10. Microsoft and Bill Gates Become More Actively Involved in Their Biggest Patent Troll (and World's Biggest Troll), Intellectual Ventures

    The world's largest patent troll, which reportedly operates (litigates) through literally thousands of shells, has received yet more financial aid from Microsoft and Bill Gates



  11. The STRONGER Patents Act is One Among Several New Pushes for Patent Chaos in the United States

    US patent law is being 'massaged' again, with bills being pushed forth that propose a return to Armageddon, undoing much of the progress made possible by the Leahy-Smith America Invents Act (AIA)



  12. SUEPO and the EPO's Central Staff Committee Condemn Battistelli's Latest Attempt to Change the Rules in Defiance of Laws

    Staff representatives at the EPO voice opposition to so-called 'reforms' which are neither desirable nor legal



  13. The Tide Has Turned Against the Unified Patent Court (UPC) and It Finally Looks as 'Alive' as TPP

    The UPC is now stuck if not dead because officials are realising -- however belatedly -- that this entire charade was from start to finish just a coup d'état of the patent 'industry'



  14. Potential Targets of European Patent Office (EPO) Whistleblowing

    Priorities for whistleblowing at the European Patent Office (EPO), which operates secretly and occasionally illegally, too



  15. Links 23/6/2017: Wine 2.11 Released, HPC Domination by GNU/Linux

    Links for the day



  16. Primer to the Crisis and Scandals at the European Patent Office (EPO)

    An introduction to the chaotic state of what used to be the world's leading patent office and quickly became Europe's biggest embarrassment



  17. Workers of the European Patent Office (EPO) Are Going on Strike Again, Almost 90% Voted in Favour

    Thousands of brave EPO employees chose to cast a vote and make it known that they are in favour of another strike



  18. Benoît Battistelli Has Lost the Election at the EPO

    FFPE candidates (or moles from the yellow union) failed to enter the Central Staff Committee in spite of Battistelli's attempt to help them get in



  19. Emerging Threat to Patent Reforms at the USPTO

    Our plan of returning to coverage of US patent affairs in the wake of powerful lobbies that pursue patent maximalism



  20. You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

    The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious



  21. More Than Six Human Casualties Under Battistelli at the EPO, But the Human Toll Can Become a Lot Worse

    The bigger or much broader picture detailing the high cost of autocracy and mental torture at the EPO, where lives are ruined not only when these are ended and some key buildings pose severe threat to a lot of workers



  22. EPO's Elodie Bergot Calls Staff Suicide Just 'Passing Away', Pretends to Care

    How the EPO continues to mislead if not lie to staff, even when staff commits suicide -- a growing problem for Team Battistelli, whom some insiders hold accountable for these deaths



  23. The Administrative Tribunal of ILO Will Deliver EPO Judgments in Six Days

    Despite its old age (nearly a century), ILO's tradition when it comes to enforcing the law is anything but sterling, yet one can hope that it will stop its unproductive cat-and-mouse game with the EPO, where compliance is rare and actual judgments (not deferrals/referrals) are even rarer



  24. Links 21/6/2017: Red Hat's Numbers Are Up, New Debian Being Studied

    Links for the day



  25. Another Suicide Reported at the EPO While the Paid-for Media Focuses on 'European Inventor Award' Charade

    Puff pieces for Benoît Battistelli published aplenty while the European media refuses to deal with the reality -- not paid-for illusions -- at the European Patent Office



  26. Links 20/6/2017: Chuwi Lapbook, Linux 4.12 RC6, Mesa 17.1.3

    Links for the day



  27. At the European Inventor Award Ceremony Benoît Battistelli Lied to a Lot of Scientists and “Media Partners” About the UPC

    The Liar in Chief, Benoît Battistelli, still lives in a fantasy world or simply lies intentionally, which would be worse



  28. Contact Details for the EPO's Administrative Council Delegations

    List of Heads of Delegation and their E-mail addresses (used to be public information before Benoît Battistelli's oppressive regime or coup)



  29. Don't Forget to Vote for EPO Strike This Week (Thursday)

    A reminder that there's a vote on a strike at the European Patent Office later this week, giving an opportunity to rebut the "vocal minority" myth which Benoît Battistelli likes to spread



  30. European Patent Office (EPO) Whistleblowing Guidelines: Motivation and Impact of Leaks

    Advice on when to leak and what to leak for the desired effect, which is reformatory (though transparency and accountability)


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