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. Links 6/12/2019: DRM in GNU/Linux and Sparky Bonsai

    Links for the day



  2. The EPO Rejects Innovation

    The EPO ceased caring about the needs of scientists whose work involves invention; instead, EPO management crafts increasingly lenient guidelines that yield illegal European Patents (not compatible with the EPC) that heavily-besieged EPO judges are unable to stop



  3. Startpage CEO Robert Beens in 'Damage Control' Mode, Trying to Get Startpage Relisted After Selling to a Massive Surveillance Company

    PrivacytoolsIO is being lobbied by the CEO of Startpage to relist Startpage, based on no actual refutations at all



  4. IRC Proceedings: Thursday, December 05, 2019

    IRC logs for Thursday, December 05, 2019



  5. Links 5/12/2019: qBittorrent 4.2.0, Expensive Librem 5 and OpenBSD Bugs

    Links for the day



  6. Microsoft Staff Repeatedly Refuses to Tell How Many People Use WSL, Defends Patent Extortion and Blackmail of Linux Instead

    The people who develop WSL (mostly Microsoft employees) get easily irritated when asked how many people actually use this thing; but more interestingly, however, they reveal their disdain for GNU/Linux and support for Microsoft blackmail (for 'Linux patent tax')



  7. IRC Proceedings: Wednesday, December 04, 2019

    IRC logs for Wednesday, December 04, 2019



  8. Links 4/12/2019: Tails 4.1, UCS 4.4-3 and Proxmox VE 6.1

    Links for the day



  9. Google Tightens Its Noose

    Now it’s official! Google is just a bunch of shareholders looking to appease the Pentagon at all costs



  10. Europeans Still Need to Save the European Patent Office From Those Who Attack Its Patent Quality

    Patent quality is of utmost interest; without it, as we're seeing at the EPO and have already seen at the USPTO for a number of years, legal disputes will arise where neither side wins (only the lawyers win) and small, impoverished inventors or businesses will be forced to settle outside the courts over baseless allegations, often made by parasitic patent trolls (possessing low-quality patents they don't want scrutinised by courts)



  11. We Never Accepted and Will Never Accept Corporate Money

    Corporate money is a unique problem because of its magnitude and the fact that it's impersonal; shareholders can only ever accept its supposed justifications if they're receiving something in return (of proportional worth to the payment/transaction)



  12. IRC Proceedings: Tuesday, December 03, 2019

    IRC logs for Tuesday, December 03, 2019



  13. Links 3/12/2019: elementary OS 5.1 Hera, Plasma 5.17.4, Firefox 71

    Links for the day



  14. Laundering the Reputation of Criminals: That's an Actual Job

    An important reminder that the manufactured, paid-for (media is being bribed) image of Bill Gates is the product of the PR industry he enlisted to distract from his endless crimes



  15. 'Priceless' Tickets to the EPO's Back End and Team UPC

    CIPA's and the EPO's event (later this week) is more of the same; the EPO exists not to serve European businesses but a bunch of law firms and their biggest clients (which usually aren't even European)



  16. IRC Proceedings: Monday, December 02, 2019

    IRC logs for Monday, December 02, 2019



  17. New EPO Leak Shows That the Rumours and Jokes Are Partly True and We Know Who 'Runs the Show'

    Europe’s second-largest institution is so profoundly dysfunctional, a reprehensible kakistocracy of tribalism, money-grabbing career-climbing autocrats and possibly major fraud; today’s leak looks at what motivated and enabled the formation and latest incarnation of “Team Campinos”



  18. Links 2/12/2019: Linux Mint 19.3 Beta, DPL Sam Hartman Talks About SystemD

    Links for the day



  19. What Former Debian Project Leader (Second to the Late Ian Murdock) Thinks About SystemD in Debian GNU/Linux

    Now that Debian is debating and voting on diversity in the technical sense the thoughts of Bruce Perens merit broader audience/reach



  20. Free/Libre Software Will Eventually Become the Norm, 'Open Source' is Just Proprietary Software Trying to 'Buy Time'

    More people are starting to ask questions about Free software while “Open Source” languishes (people can see it’s just a mask for proprietary software); it was a two-decade delaying tactic that’s wearing off (people see GitHub and the OSI/Linux Foundation for what they really are)



  21. IRC Proceedings: Sunday, December 01, 2019

    IRC logs for Sunday, December 01, 2019



  22. Richard Stallman is Active and Doing Well

    The rumour mill may still be humming along; but against all odds — as Chief GNUisance of the GNU Project — Stallman keeps fighting the good fight (in the face of growing resistance)



  23. Banning Former Microsoft Employees Who Complain About Microsoft Lies, Abuses and Crimes

    The official account of Windows Insider is banning people whom it never even spoke to; this seems like a way of 'punishing' people who are not 'true believers' in Microsoft



  24. Wikileaks: Thierry Breton May Have Misused Regulatory/Government Positions to Attack His Competition (in the Market)

    Thierry 'revolving doors' Breton as seen by the United States government



  25. 13 Years of UPC Promises

    The anatomy of UPC 'fake news' or lobbying tactics along the lines of self-fulfilling prophecies and false predictions



  26. Is Water Wet?

    The criteria for patent eligibility reduced only to this question: will allowing these patents increase ‘production’ (number of patent grants)?



  27. The EPO's President Admits He's Illegally Granting Software Patents (CII, 4IR, IoT, AI and Blockchain Mean Software Patents at the EPO)

    The EPO's chief liar is openly and proudly promoting software patents using buzzwords and hype waves (and mysterious acronyms that are rather meaningless but spread by the media in exchange for money received from the EPO)



  28. Tone Policing and the Linux Foundation

    A timely example of situations where the Linux Foundation can seemingly 'cancel' people (using the Code of Conduct) for political opinions



  29. It EEEsn't Just a Microsoft Thing Anymore

    The EEErosion of Python's independence is a known problem and Microsoft is not the sole culprit



  30. Links 1/12/2019: KDE's GTK CSD Support, Skrooge 2.21.0

    Links for the day


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