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

09.29.16

Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

Posted in Europe, Patents at 5:56 am by Dr. Roy Schestowitz

EPO Board 28 Meeting

Summary: The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO

LAST night we wrote about the EPO‘s further union-busting escalation, based on evidence extracted from the conclusions of Board 28. We are pleased to report that, after repeated requests, the entire document has been leaked to us. We present it below with highlights on important bits, excluding the cover page (seen above):

The Board of the Administrative Council (“the Board”) held its 74th meeting in Munich on 8 September 2016, with Mr Kongstad in the chair. Mr Debrulle had sent his apologies.

1. Adoption of the provisional agenda (B28/8/16 e)

1. The Board adopted the provisional agenda set out in B28/8/16 e.

2. Follow-up of the 148th meeting of the Administrative Council

2. -

3. Preparation of the 149th meeting of the Administrative Council

3. The Board discussed the draft agenda for the 149th meeting of the Administrative Council.

4. Concerning AC and General Affairs,

- the Board noted new elements of information provided by the President on the disciplinary case of a Council appointee. Following an exchange of views, it indicated that it would reflect on the information, pending receipt of a legal note from the President;

- the Board noted information provided by the President about three current investigations/disciplinary proceedings involving SUEPO members in The Hague. Three requests for review addressed to the Council were also briefly discussed.

5. Concerning Appointments/Elections,

- the Board noted that the vacancy notice for the Presidency of the Boards of Appeal had been published and that the intention was for the Boards of Appeals Committee (BOAC) and the President to submit a joint proposal for the Presidency of the Boards of Appeal to the Council meeting in December 2016. The Board agreed that whilst BOAC members should represent the diversity of the Council, qualifications took precedence over nationality. External BOAC members should be judges with experience in the functioning of judicial bodies rather than IP experts and should be highly regarded by the judges’ community in Europe;

the Board noted the President’s thinking with regard to Vice-Presidencies VP 2 and VP 4 as well as Boards of appeal appointments and reappointments.

6. Concerning Building Matters, the Board agreed that the contract for the rent of the new building of the Boards of Appeal Unit would first be submitted for opinion to the Budget and Finance Committee in October 2016, followed by a decision in the Council either at its meeting in December 2016, or earlier, by written procedure, if the rent negotiations imposed time constraints.

7. Concerning Personnel/Policy Matters and Financial Matters/Budget Planning,

- the Board noted information given by the President on the Social Conference, which would take place in Munich on 11 October 2016, as well as on the Social, Financial and Risk Assessment studies. It noted that these would be made available to staff and would be presented first for information to the Council at its meeting in October 2016 and later submitted for opinion/decision to the Council at its meeting in December 2016. The Financial study would first be discussed in the Budget and Finance Committee meeting in October 2016 with a view to preparing the discussion in the Council meeting in December 2016. The President informed that the Social and Financial Studies were complementary and that the Organisation now, for the first time, had a “positive equity” covering all its liabilities in the next 20 years;

- regarding the Revision of the Service Regulations-Standards of conduct and administrative fact findings as well as the Reviews of the disciplinary procedures framework and of Articles 52 and 53 ServRegs, the Board noted and discussed comments received from a Board member as well as presentations given by the Office on revised proposals. These proposals already addressed some of the Board member’s comments and issues raised at the Council meeting in March 2016. The Board had an in-depth discussion on the (i) right to silence/duty to co-operate, (ii) hierarchy of norms and resulting competences of the President and the Council, (iii) need for efficient proceedings, but also for a perception of fairness of the proceedings from the outside, (iv) need for an atmosphere of mutual trust etc. The Board agreed to discuss proposals which were further revised at its next meeting on 22 September 2016;

- the Board also noted information given by the President about various legal proceedings initiated by SUEPO against the EPO, both in The Hague and Munich.

4. Any other business

The Board noted information provided by the President on a global package to be submitted to the Council meeting in December 2016, in closed session, concerning IT and physical security.

A few minor remarks about the above-mentioned bits that are highlighted in yellow:

  1. VP 4 is a thug with history (even predating the EPO)
  2. Tenders at the EPO are farcical and sometimes don't exist (for large projects)
  3. The social ‘study’ was mentioned here on Friday and it's a load of nonsense or hogwash
  4. Regarding the social climate, there has been an escalation in union-busting (it gets worse by the week/month), so clearly enough that Council has accomplished nothing and Battistelli still acts like a lunatic autocrat
  5. Battistelli is wasting a lot money on bodyguards for him and Bergot (and conveniently this is discussed only “in closed session”); insiders tell us there is absolutely no need for these, but it helps perpetuate the atmosphere of fear and the perception that the staff is armed, violent and dangerous (fiction for an opportunistic politician)

That is all for now. Board 28 is clearly part of the problem because it refuses to tackle any of the hard questions.

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. Links 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  2. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  3. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  4. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  5. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  6. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  7. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  8. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  9. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  10. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  11. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  12. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  13. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  14. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  15. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  16. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  17. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  18. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  19. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  20. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  21. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  22. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  23. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  24. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  25. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  26. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  27. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  28. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  29. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  30. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts