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

06.14.16

EPO and Its ‘Buddies’ in the Media Lobby for the UPC in Spite of and in the Face of Resistance

Posted in Europe, Patents at 7:51 am by Dr. Roy Schestowitz

Michael Fröhlich does Battistelli’s bidding, meddling with public policy

Michael Fröhlich for EPO
Photo credit: Nordic Patent

Summary: The takeover of media and public events (or panels) for the promotion of UPC and EPO reputation laundering should strike a nerve, for it shows the persistence of Battistelli’s arrogance (he believes he is above the law and has a blank cheque)

THE EPO makes the USPTO look very good because unlike the EPO, the USPTO does not buy the media and lobby the government, at least not until after service in Office (recall what David Kappos is doing nowadays).

“Journalistic misconduct for the sake of profit seems to have become acceptable.”Last week we wrote more than half a dozen articles about the EPO’s distortion of European media, and to some degree even US media, Indian media and so on. Journalistic misconduct for the sake of profit seems to have become acceptable. This morning the EPO was linking to puff pieces which cost millions of Euros to generate (total waste of budget), such as this article from Germany and shallow pieces, including from French government and French media, some of which was “media partner” of the EPO (it produced puff pieces this year, having self-censored last year). Perhaps when hiring PR agencies to lean on the media isn’t enough one just attempts to almost literally buy the media. There’s nothing in EPO ServRegs against that.

Based on the EPO’s Twitter activity this morning, the EPO is still lobbying for the UPC. No separation between policy and examination? To quote NPI (Nordic Patent): “Michael Fröhlich from EPO discussing some of the practical details of the UPC at PatTech” (last year Grant Philpott was doing something similar).

“Based on the EPO’s Twitter activity this morning, the EPO is still lobbying for the UPC.”The EPO’s mouthpiece, IAM, also joins the lobbying effort. Joff Wild has just said: “From an IP perspective, the immediate consequences of a Leave vote will be on the future of the Unified Patent Court and unitary patent project. Effectively, it kills this off until the UK formally departs from the EU. At IPBC Global last week there was some talk of the UK ratifying the agreement even after having voted to quit, on the basis that it is an inter-governmental treaty not an EU one; the thinking being that once the UK was in ways would be found to keep it there – a classic Euro-fudge, in other words. The more I think about that, though, the less likely a scenario it seems.”

The article is another example of preaching from IAM. Titled “It’s time for IP owners to start giving serious consideration to the possibility of Brexit,” it sounds more like instructions than reporting. One new comment in IP Kat speaks of the misconception that the EPO is an EU body:

Most of European citizens take distance with European organisations/institutions.

Not long ago, we saw a negative vote in The Netherlands.
The referendum about the “Act of the Association Agreement between the European Union and Ukraine” ended with 61% of voters voting against it and 38.2% of voters voting for it.
The true goal of the Dutch referendum was to attack Europe’s unity.
We have to take in account that the press coverage about the EPO scandal was huge in The Netherlands. A few weeks before the referendum, all Dutch citizens watched on television the EPO vice-president not respecting fundamental rights and denigrating the Dutch justice.
Of course, some experts will explain that the EPO is not a European Institution. But the reality is that 99,99% of the EU citizens believe that the European Patent Office is the second biggest European institution of the European Union.

Now in the UK, we see the EU referendum. Recent polls have indicated that the British public are in favour of a withdrawal.

In France, and in other European countries, the citizens perceive more and more the European organisations/institutions as corrupted, arrogant, above the laws. The European Patent Office is the perfect example of such bad behaviour.

I believe that if we want the EU survive, the European organisations/institutions have to do the first step, improve their own image and behave correctly.

Battistelli is rapidly becoming a threat to European unity as a whole. He discredits the European Establishment.

In relation to another comment, one asking whether it’s possible to remove Battistelli, the following three comments were posted:

No, no limits regarding the ServRegs, if the representatives vote in favour, even if against their national laws and obligations, and possibly against the intrest of their country. ATILO may decide it was illegal, but then the changes have already been implemented for about ten years, and in the meantime possibly even strengthened. And mostly ATILO only decides whether the rule adoption procedure has been followed.

And regarding Battistelli: sure he can be voted out of office. Article 11(4) EPC. Article 19(2) the PPI (Protocol on Provileges and Immunities) lays down the rules when the immunity of the President can be waived by the AC. But as we all know, the AC, most governments (including the host country Netherlands), and especially current top management do not desire to apply the provisions of the PPI, although the PPI is an integral part of the EPC (Articles 8 and 164(1) EPC). As such, the whole EPC should not be implemented without the PPI being implemented, and the PPI includes “the organisation shall co-operate at all times with the competent authorities of the Contradting States in order to [...] ensure the observance of police regulations and regulations concerning health, labour inspection, and to prevent any abuse of the priviledges, immunities and facilities provided for in this protocol” (Art. 20(1)PPI).

With all respect, the EPO does not lack legal brains – including externally recruited lawyers and BoA members. The law just doesn’t exist in the EPO because of immunity and the member states concerns not to infringe it. Rightly or wrongly.

I’m surprised Julian Assange and Osama bin laden didn’t camp out at the EPO with it being so untouchable. All that lovely cheap food, saunas, spas, gymnasiums, polo pitches and horses. Have we finally identified the home of Lord Lucan?

Mr. Assange would never be safe in Eponia as the tyrant in chief would soon frame him “armed Nazi” or something to that effect; it’s easier to tackle truth-tellers that way.

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. From Moderate Advice to FUD and Misinformation: The Case of a VPN Vulnerability (CVE-2019-14899)

    What should have been a trivial bugfix in a variety of operating systems and bits of software — both proprietary and Free software — somehow became anti-Linux FUD, clickbait and worse



  2. Dangerous Thinker

    Society oughtn't be alarmed by people who say unusual things; it should be wary and sceptical of those corporations ever so eager to silence such people



  3. Unitary Patent (UPC) Died Along With the Credibility of Managing IP and the Rest of the UPC Lobby

    It is pretty astounding that Team UPC (collective term for people who crafted and lobby for this illegal construct) is still telling us lies, even in the absence of underlying supportive facts, and pressure groups disguised as "news sites" latch onto anything to perpetuate an illusion of progress (even in the face of a growing number of major barriers)



  4. IRC Proceedings: Friday, December 06, 2019

    IRC logs for Friday, December 06, 2019



  5. Links 7/12/2019: Fedora 31 Elections Results, Lots of Media Drama Over VPN Bug

    Links for the day



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

    Links for the day



  7. 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



  8. 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



  9. IRC Proceedings: Thursday, December 05, 2019

    IRC logs for Thursday, December 05, 2019



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

    Links for the day



  11. 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')



  12. IRC Proceedings: Wednesday, December 04, 2019

    IRC logs for Wednesday, December 04, 2019



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

    Links for the day



  14. Google Tightens Its Noose

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



  15. 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)



  16. 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)



  17. IRC Proceedings: Tuesday, December 03, 2019

    IRC logs for Tuesday, December 03, 2019



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

    Links for the day



  19. 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



  20. '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)



  21. IRC Proceedings: Monday, December 02, 2019

    IRC logs for Monday, December 02, 2019



  22. 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”



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

    Links for the day



  24. 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



  25. 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)



  26. IRC Proceedings: Sunday, December 01, 2019

    IRC logs for Sunday, December 01, 2019



  27. 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)



  28. 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



  29. 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



  30. 13 Years of UPC Promises

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


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