07.03.16

What Team Battistelli Claims to be Independence of the Boards of Appeal Actually a Likely Dismissal Plan for ‘Unwanted’ Judge (and Maybe His Protectors), Potentially Permanent Unemployment Plan

Posted in Europe, Patents at 4:34 pm by Dr. Roy Schestowitz

Whatever Battistelli wants from the Administrative Council (even collective punishment) he still gets

Independence of the BoA page 1

Independence of the BoA page 2

Independence of the BoA page 3

Summary: The Boards of Appeal (BoA) at the EPO have just been dealt another blow by Battistelli and new texts shed light on further crackdowns, not independence

Team Battistelli (i.e. Battistelli and his flunkies) habitually lies to staff and to journalists. Truth does not seem to matter anymore. On Friday we dissected the pack of lies released under the umbrella of "news" by EPO management after it had crushed the Boards of Appeal even further, paving the way for — as one person correctly noted — even more punishment (potentially collective punishment, which is hugely controversial and merely serves to discredit the whole Organisation).

With help/cooperation from his blindly loyal payees in the Administrative Council, Battistelli may have just engineered dismissal of the judge who allegedly spoke about Battistelli’s right-hand man (criminal charges in Croatia). To quote:

Why this reform is urgent?

21. (…) the President of the BOA will be responsible for proposing disciplinary action to the Administrative Council with regard to the members, including the Chairmen, of the BOA and the members of the EBA.

5. (…) the President of the BOA shall be appointed by the Administrative Council on a joint proposal made by the BOAC and the President of the Office (sic).

After this reform, the suspended member of BOA could be easily dismissed on proposal of the President of the BOA (for sure a BB [Battistelli] good friend).
The members of the Enlarged Board who dared to organize the public oral proceedings will be in trouble too.

This is exactly what we had in mind all along. The above puts it nicely citing the relevant paragraphs. Another comment says:

If the AC really were concerned about the independence of the BoAs, then why did they approve amendments that arguably make the Boards less independent (at least in some respects)?

It is not like they could not judge the effect of the proposals upon independence: AMBA’s comments on that point were unambiguous.

By the way, does anyone have a copy of CA/29/16 as amended that they are willing to make available? I am willing to wager that the most problematic issues with that proposal were not adequately dealt with by the amendments.

AMBA does not matter to Battistelli as it’s probably seen as an obstacle to his agenda. Regarding CA/29/16, says another comment: “I think those were only the proposal documents. As far as I understood the text wasn’t agreed as so much time was spent on DG3? The DG3 document was amended to drop references to non-DG3 staff with regard to these documents but wasn’t that just a nicety and CA29/16 would continue to be applicable to all staff if approved?”

Someone did eventually upload or link to CA/29/16 (annotated). We have made local copies of the following PDFs for long-term preservation purposes (differences shown at the top for those who are not eager to open PDFs on the World Wide Web):

Here you go:

CA/29/16 Rev. 1: Post-service integrity: prevention of conflicts of interest

CA/29/16 Add. 1 Rev. 1: Post-service integrity: prevention of conflicts of interest: comparison between existing and new text

“The amendments made by the Admin Council in CA/43/16 Rev.1 might not do everything you want,” one person wrote, “but they do address some of your concerns. They are more than “purely cosmetic”. Please read the actual document itself, not just the summary on the EPLAW blog. For example, the BOAC now has to consult users about amendments to the Rules of Procedure, not just the EPO President. The actual wording is to be proposed by the new President of the Boards of Appeal, advised by the Presidium.”

Yes, but who will be choosing or consenting to (or contrariwise, vetoing) a new President of the Boards of Appeal? See the comment above. “What is truly missing here is a comparison with national provisions/case law applicable in similar national cases,” another person wrote. “What is even more missing is an independent court capable to test proportionality and application of these CA/29/16 provisions. First of all, it goes about compensation for lost time and opportunities.”

“Battistelli just wants the perception of justice and a perception of independence, albeit it’s not clear at all how the latest changes would help achieve this.”The matter of fact is, as usual, national laws are largely ignored. They’re seen as obstacles. Battistelli just wants the perception of justice and a perception of independence, albeit it’s not clear at all how the latest changes would help achieve this.

Citing Robin Jacob at ‘IP and Other Things’ the above quotes the following “for the AC [Administrative Council] of the EPO,” s/he said. It goes like this: “And the wider our experience the more we can develop what I think is a key attribute – the ability to put yourself in the place of the other man or woman, whether they be litigant or witness or anyone else. This attribute – empathy-is precious; beyond just the courts it is one of the greatest protections against cruelty and one of the greatest forces for peace.”

It sure sounds like he was talking about Battistelli even though he certainly was not. What happens at the EPO right now is hugely damaging to the perception of lawfulness. Not only has the Office made some truly dubious hirings but it also viciously attacks those who are brave enough to bring up the subject. It’s the kind of behaviour one might expect from the Pentagon, so why not at the increasingly-militaristic EPO?

“What happens at the EPO right now is hugely damaging to the perception of lawfulness.”“EPO Stooge” wrote: “All of the alleged “decisions” of the administrative council (i.e. 43/16 and 29/16) are proposals only, it it clearly says in every case “for decision” on the cover page. In contrast, all decisions of the AC clearly state “Decision of the Administrative Council for/to/…”. I haven’t seen any official statement of the AC yet and what BB posts on the EPO’s intranet (quoted several times above) has a credibility rating of close to 0%, at least if its face value is concerned. Before jumping to conclusions, lets wait for both explicit decisions and an official statement by the AC (in a hidden niche on the EPO.org homepage). It should come out next week. There’s a lot of tactical moves going on, on both sides of the EPO/AC fence.” Well, another comment from “EPO Stooge” said: “Please disregard my latest comment re official AC statement on 148th meeting, just saw it (http://www.epo.org/about-us/organisation/communiques.html#a25). I’m very surprised that they actually did allow proceedings for a removal to a new building in Munich, after initial strong words against it, including those of influential members like Grossenbacher. Depressing. Deeply intransparent.”

Well, there he goes. Battistelli received everything he wanted and due to obsession over this one single matter there was no time at all to discuss his gross abuses (and failure to address demands) while he got the usual protection from his ‘clients’ and friend, Mr. Grossenbacher (the story of Brimelow led some to the suspicion that it was Grossenbacher along with Battistelli who had elbowed her out [1, 2, 3]).

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/07/03/epo-boards-crackdown/

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. IRC Proceedings: Saturday, February 27, 2021

    IRC logs for Saturday, February 27, 2021



  2. Links 27/2/2021: IPFS 0.8, OnionShare 2.3.1, and New Stuff in KDE

    Links for the day



  3. The Internet After Social Control Media (and Maybe After the World Wide Web Too)

    There seems to be a growing trend of protests and backlash against centralised Internet disservices; there's also growing dissatisfaction over bloat and spyware, which the Web rendered a 'norm'



  4. SCO's Darl McBride is Finished (Bankruptcy)

    Some news about the site and about the long-forgotten SCO, whose infamous old (and sacked) Darl McBride (responsible for decade-long attacks on Linux) loses everything, based on fresh legal documents



  5. IRC Proceedings: Friday, February 26, 2021

    IRC logs for Friday, February 26, 2021



  6. Links 26/2/2021: Wine 6.3, Genode OS Framework 21.02

    Links for the day



  7. Links 26/2/2021: GNU Poke 1.0 is Out and Rocky Linux Leaves Microsoft GitHub

    Links for the day



  8. Microsoft's Status in Web Servers is So Bad That It Has Fallen Off Charts, is Now Partly Delisted

    In several categories or criteria Microsoft is no longer even listed by Netcraft; the share has become rather minuscule during the pandemic, which convinced more companies to explore expense-cutting moves



  9. We Take Away Your Freedom for Your Own Safety...

    People are herded like cattle and protest/dissent will be demonised as part of the new norm; what will be the cost of the pandemic and will resistance to the status quo ever be permitted to resume?



  10. EPO President Pushes Illegal Software Patents in South America (Over the Telephone With a Misleading New Puff Piece)

    The EPO's "news" section has become worse than a form of distraction (from the EPO's internal rot); it celebrates illegal and unlawful practices, spreading them to other continents



  11. The Free Software Foundation Warns Against Using Twitter

    Richard Stallman said Twitter was OK because it was possible to use it without proprietary software; that's no longer the case, so the Free Software Foundation (FSF) speaks out against it. It speaks about it more than 3 months after the problem became a known one and also an irreversible one (maybe Twitter would have reversed the decision if the media or the FSF actually spoke about it early enough).



  12. IRC Proceedings: Thursday, February 25, 2021

    IRC logs for Thursday, February 25, 2021



  13. Stéphane Bortzmeyer Explains Gemini Protocol (February 2021)

    A recent talk from Stéphane Bortzmeyer about Gemini and what it is for (or why)



  14. Links 26/2/2021: Istio 1.7.8 Announced, Blender 2.92, Firebird 3.0 Language Reference, FSF Against Twitter

    Links for the day



  15. Special Thanks to Mogz

    Credit where it's due to Mogz



  16. Modifying WordPress to Include Gemini Links in All Articles (Assuming a Canonical URL Form)

    In order to promote the departure from the World Wide Web (where possible and suitable; sites with text don't typically need Web-like features) one can promote the analogous pages in one's Gemini capsule; we suggest a way of doing so in WordPress (the most widely used CMS)



  17. Links 25/2/2021: RHEL for Open-Source Infrastructure, GNOME 40 Beta, LXPanel 0.10.1

    Links for the day



  18. IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge

    IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge



  19. Techrights Gemini Capsule, Now With Over 35,000 Pages and Files

    Blog posts combined with static (plain text) files are now 36,000+ in number, just for Gemini protocol alone; that number keeps growing as our conversion proceeds and evolves (our software will be released under terms of the AGPLv3)



  20. Eventually, or Hopefully, Many People Will Come Back to What the Web Used to Be (Or Web Alternatives More Like the 'Old' Web)

    With RSS feeds making a comeback and a resurgence of personal blogs we can take back the Web from a cabal of tech/Internet giants and social control media, censored, curated and spied on by oligarchy



  21. If Wikipedia is Controlled by Corporations and Mobs, It Needs to Be 'Cancelled'

    Facts have never truly mattered in social control media sites; it certainly seems as though Wikipedia now suffers the very same issue/deficit, allowing oligarchs and their companies to define what goes on in the world and which people Wikipedia should regard as persona non grata



  22. GNU/Linux Reaffirms Its Status as the Universal and Inter-planetary Operating System

    The operating system made for and by scientists (not business sharks and marketing cults) is winning the battle, and not only in this planet



  23. IRC Proceedings: Wednesday, February 24, 2021

    IRC logs for Wednesday, February 24, 2021



  24. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  25. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  26. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  27. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  28. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  29. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021



  30. How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer

    Using Agate to start one's own Gemini capsule (self-hosted) is a lot simpler than one might be inclined to believe; this is a detailed HOWTO, hoping to encourage more people to join Gemini space, which is fast-growing and free of garbage


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