10.02.16

Not Just the European Patent Office But the Organisation Too a Culprit in Immunity and Impunity

Posted in Courtroom, Europe, Patents at 7:58 am by Dr. Roy Schestowitz

The Organisation should be prepared for criticism over its role in this embarrassment of Europe

Impunity
Reference: Impunity

Summary: Impunity at the EPO, a subject of growing fury inside and outside the EPO, is revisited in light of the expectation that Dutch courts won’t hold the EPO accountable, and Board 28 quit caring about the crisis which it itself had admitted

THE EPO is a politically-connected or politically-infiltrated institution. No wonder it’s so abusive. We are going to provide evidence of it in the coming week. The politician/President Battistelli has a 0% approval rating at the EPO, much like politicians (they too have low degrees of public trust). The Board (28) and the Council, who are complicit and largely supportive of Battistelli, are also politically-connected and despite admitting there is "a crisis" at the EPO they do nothing to address it. The Board (28), for example, shows no intent to kick Benoît Battistelli out any time soon. Combine all this with immunity from the outside and what we have is a rogue entity totally above the law, including international law. See our prior (first) post about it. It’s unthinkable that such a thing can be tolerated in the so-called ‘developed’ world.

It does not look like SUEPO is likely to resolve the issue on its own. Here’s a recent new comment (correcting an error):

Obviously, it should have been “and a decision in favour of SUEPO in January look improbable.”

Sorry for that.

This was said in relation to the Dutch “AG [who] forgets that the immunity of the EPO is not absolute according to the PPI,” to quote this other new comment:

Well, IMHO the AG forgets that the immunity of the EPO is not absolute according to the PPI.
It is limited to “within the scope of its official activities” (Art 3 PPI).
Seeing the the EPO is continuoisly violating the PPI (by refusing any negotiations under Art. 20(2)PPI), where does the “scope” of official duties end?
Art 3(4) gives a hint:
(4)
The official activities of the Organisation shall, for the purposes of this Protocol, be such as are strictly necessary for its administrative and technical operation, as set out in the Convention.
Anything outside of the convention is not falling under immunities… And anything in implementing regulations, or other secondary law, is too easily amended, and can therefore not be protected by the claimed immunity grom everything.

There larger issue working against SUEPO is the requirement of the Office not being allowed to be put under restraints in one site, but not in the others. And the Dutch courts jurisdiction does not extend to Munich and Berlin and Bruxelles and Vienna……
Immunity might not be given, but a decision against the EPO may be refused under this requirement.

There is another new comment on the current situation and it makes it clear that people are very much disturbed by the situation at the EPO. We also saw some reactions — some of them quite strongly worded — in sites like Twitter. What the AG has said infuriates some EPO insiders. They’re almost at a loss for words, except very strong words.

We have spent some time researching the potential causes of the immunity of the Office and the Organisation. Some people looked into the family background of Battistelli and also the secret life of Kongstad. In the run-up to the next big meeting we are going to reveal to readers some of our findings.

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/2016/10/02/epo-immunity-and-impunity/

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