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06.15.16

EPO Crisis: What If There Was an Administrative Council Meeting and Nobody Came?

Posted in Europe, Patents at 7:45 pm by Dr. Roy Schestowitz

Delegates’ no-show protest?

Empty Administrative Council meeting

Summary: A reader lays out one possible approach for national protests that can help put an end to the Battistelli era at the European Patent Office (EPO)

GIVEN THE abundant evidence of gross abuses by EPO management, any national delegate would have to be blind, dishonest, or even corruptible to pretend that everything is fine, even when Board 28 admits it's a disaster.

One of our readers tried to come up with a plan. How can one bypass Battistelli's timely gifts and protest without facing the severe consequences from the Napoleonic Nobel wannabe.

“Judging by what I read from the recent Techrights posts,” said this reader, “chances are high that Bastardelli [sic] will have his ass saved by a bunch of votes bought from minor countries. Like this, I guess also those countries who oppose him will save their faces by stating they voted against but kept actually enjoying the present regime with him still on the saddle.”

“…I guess also those countries who oppose him will save their faces by stating they voted against but kept actually enjoying the present regime with him still on the saddle.”
      –Anonymous
We have actually heard things along those lines (or to that effect) for quite some time. Battistelli is playing games with other people’s money. He continues to use money as a carrot-and-stick utility.

“They will simply say that there is nothing else they could do,” our reader added, alluding to what s/he called “minor countries.”

The reader continued: “Well, actually there is something, and it is quite something, major Countries could do: to withdraw their delegates in protest from the Council and from the Convention altogether.

“I know this is a strong step, but just the threat of it would be effective: it would devoid of legitimation the very existence of the AC and of the European Patent Convention. In fact, it seems to me that in case Battistelli stays on, this would be the only way to press on the whole AC and on Kongstad to take responsibility, for an intolerable situation that should no longer exist. It would also turn to be of major impact for the public, FIFA style.

“Unless, of course, major court cases explode nationally, but that would take more time and may still not happen at all: national Courts would still need major reasons for wanting to pick up their responsibilities in EPO related issues, pretending to respect an immunity that should not actually exist for criminal charges.

“It would also turn to be of major impact for the public, FIFA style.”
      –Anonymous
“To withdraw a delegation from the AC would be equivalent to the closure of diplomatic relations between countries, the step previous military hostilities… I guess this would be the only way left that “virtuous” Countries could play to limit and eventually reverse the power bought by Battistelli in the AC and possibly to start a tide against Battistelli.”

Such a strategy would only be truly effective if several major delegations participated in it at the same time, so coordination may be needed.

“Maybe we should make a lobby in sync to every delegation for that,” our reader suggested, “I considered that for my own delegation, but as a single individual issue, that would never be taken seriously. Now issues are far from being individual ones. And if more countries dare this threat…”

“This theatre should have been stopped already a long time ago,” one new comment in IP Kat said earlier today. Here is the full comment:

After a few years following the development within the EPO under Battistell(BB) as President and Jesper Kongstad (JK) as chairman of the Administrative Council (AC) I come to the conclusion that only the representatives of the big countries in the AC (NL,DE,GB,FR,CH,IT,SP) can stop this disasterous development by demanding very strongly a diplomatic conference as forseen in the EPC. BB and JK are big friends. It is the tactics of this ¨team¨ BB and the AC with chief JK and with many BB-friends in the group of representatives of the small countries, to demand from BB as AC things to do and not do and when BB is doing nothing the AC is also doing nothing. This theatre should have been stopped already a long time ago.

This seems to be a strategy supported by quite a few people. Here are the contact details of all the delegates. Maybe our readers can explain to them this strategy and put an end to Battistelli’s coup (or reign of terror, even over delegates whom he reportedly threatens/bullies).

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