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. Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

    A mishmash of news about patents, mostly regarding the United States, and what can be deduced at the moment



  2. Links 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  3. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  4. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  5. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  6. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  7. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  8. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  9. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  10. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  11. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  12. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  13. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  14. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  15. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  16. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  17. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  18. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  19. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  20. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents



  21. EPO Self-Censorship by IP Kat or Just Censorship of Opinions That IP Kat Does Not Share/Accept (Updated)

    ree speech when it's needed the most (EPO scandals) needs to be respected; or why IP Kat shoots itself in the foot and helps the EPO's management by 'sanitising' comments



  22. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



  23. Links 21/6/2016: GNU/Linux in China's HPC, Linux 4.7 RC4

    Links for the day



  24. Under Battistelli's Regime the EPO is a Lawless, Dark Place

    How the EPO's Investigative Unit (IU) and Control Risks Group (CRG), which is connected to the Stasi through Desa, made the EPO virtually indistinguishable from East Germany (coat of arms/emblem above)



  25. New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

    Dr. Ingve Björn Stjerna's latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives



  26. Money Flying to Private Companies Without Tenders at Battistelli's EPO (by the Tens of Millions!)

    Extravagant and cushy contracts to the tune of tens of millions of Euros are being issued without public scrutiny and without opportunities to competition (few corporations easily score cushy EPO contracts while illusion of tendering persists -- for small jobs only)



  27. Patent Examiners and Insiders Acknowledge Profound Demise in Patent Quality Under Battistelli

    By lowering the quality of patents granted by the European Patent Office Battistelli hopes to create an illusion of success, where success is not measured properly and is assessed by biased firms which he finances



  28. Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

    A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US



  29. How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

    A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it



  30. Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

    A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers


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