06.14.16

Gemini version available ♊︎

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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  2. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  3. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  4. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  5. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  6. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  7. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  8. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  9. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  10. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  11. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  12. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  13. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  14. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  15. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  16. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  17. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  18. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  19. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  20. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  21. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  22. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  23. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  24. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  25. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  26. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  27. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  28. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  29. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  30. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021


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