Bonum Certa Men Certa

Benoît Battistelli Reinforces the Perception That García-Escudero is His Pet Chinchilla at the Board of Appeals Committee (BoAC)

And entertaining the possibility of "opening disciplinary proceedings against the President”

Patricia García-Escudero and Benoît Battistelli



Summary: The autocrat who controls the Office in an unprecedentedly totalitarian fashion and has reduced its so-called 'overseers' to little more than useful chinchillas needs to face the music, for he keeps breaking even his own rules and disgraces (not to mention severely harms) the entire continent, not just his country and the Office

THE President of the European Patent Office is the source of many of today's problems; the many scandals that are purely his own fault make the USPTO look like a saint and it doesn't help when Benoît Battistelli speaks about his pet chinchilla García-Escudero in his blog, reinforcing the perception of nepotism and protectionism under his reign.



Readers may need to revisit our older series about her connections -- a subject which we mentioned a few days ago in light of her doing photo ops with Battistelli. Right now we even have Battistelli writing about it in his so-called 'blog' (warning: epo.org link), to be promoted in this couple of tweets after EPOPIC, twice on Friday morning/noon [1, 2]. Mind the part which isn't just self-promotional and EPO promotion/hogwash but speaks specifically about García-Escudero, namely:

The latest of the international agreements is, fittingly, a new bilateral cooperation plan signed with Ms Patricia García-Escudero, Director General of the Spanish Patent and Trademark Office, which will also include projects in the field of patent information and awareness between the EPO and SPTO.


Asking Battistelli for the perception of justice and independence for the boards was apparently not enough from the chinchillas of the Administrative Council -- a subject which we are likely to revisit in the future, maybe over Christmas when more time is available. As one comment put it a few days ago, the "Council gives instructions to the President, the President simply ignores them and does as he wishes."

Here is the full comment:



Is it at all possible for the Council to force the President to do anything?

As recent history has shown several times this year, when the Council gives instructions to the President, the President simply ignores them and does as he wishes. In the present case, the Council explicitly asked the President to refrain from dismissals, we see what the President did. I gather that Merpel's proposal to use Article 20 PPI would have the same effect.

What can the Council do?

Correct me if I am wrong, I am not a specialist of the EPC. I understand from Article 11.1 of the EPC that the Council can nominate a new President. But first, I am not really sure they can do so before the end of his term (can they or not?) and second, they need a majority of 3/4 of the votes for doing so (Article 35). There are 38 member states, so the votes of 28 are needed. Conversely, if Battistelli gets the votes or the abstentions of 10 countries, he can stay forever. Any 10 countries.

Is there anything else that the Council can do?

There is Article 19 of the PPI: the Council can waive the immunity of the President. This has never been tried and I have no idea how many votes would be necessary. Even the Article is not clear as the German, English and French texts are actually different (English: "waive immunity", German and French "waive one of the immunities"). Besides, this would be very slow.

There is Article 11.4 EPC: the Council shall exercise disciplinary authority over the President. Apparently, only a simple majority is needed under Article 35.1 in that case, so 19 countries. But this has never been tried and I don't know under which conditions that "disciplinary authority" can be exercised or what sanctions they can impose on the President, whether the President can appeal (which would add delays), etc... Can they actually dismiss him? That seems to be in contradiction with the number of votes needed to elect a new President. Can they impeach him? If yes, he would then be automatically replaced by one of the vice-presidents (Article 10.3 EPC), which may not be very useful if that vice-president is Minnoye, Topic, etc...

Last, there is Article 172: the Convention can be revised (for example to include more checks and balances to the President powers). Here again, 3/4 of the votes are necessary.

Did I forget something?


Writing in a separate thread, one person correctly notes that "[t]he EPO doesn't have the power or inclination to take on the EU..."

Here is the full comment:

Well the EU doesn't like dissent and so it will be interesting to see how this pans out. The EPO doesn't have the power or inclination to take on the EU and so will presumably need to look for a way to reverse the G decision. Perhaps there needs to be a mechanism for the EPO to refer questions to the CJEU as a way of preventing this happening again.


It often seems like the EPO feels free to just disregard everything and everyone, ranging from the EPC to the European authorities (local), the central government (Commission), human rights lawyers, ILO, and the highest Dutch court. Yet is certainly feels comfortable enough to (mis)use the law to bully bloggers like myself, in an effort to silence or at least intimidate critics. These are provocative tactics which would only backfire on Battistelli and his goons.

“Also there is no problem with them opening disciplinary proceedings against the President,” wrote the following new comment, but who would be brave enough among these useless, powerless chinchillas to even propose disciplinary proceedings against the President, who breaks his own rules and gets away with it? To quote:

Did I forget something?

Yes. You forgot Article 4a. Call a ministerial conference to discuss the situation. It is long overdue. Supposed to be held once every five years. But so far none held.

Also there is no problem with them opening disciplinary proceedings against the President. The disciplinary committee would then issue an opinion and the Admin Council would then vote on this opinion. Of course it's not going to happen. The ship will sail on. Just like the Titanic.


Well, here are a couple of responses to this invocation of Article 4a:



@Article 4a: the article calls for a meeting on IP matters, not a conference... All the UPC meetings can be counted under Art. 4aEPC...

Article 4a[ 4 ] Conference of ministers of the Contracting States Art. 4 A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.




All the UPC meetings can be counted under Art. 4aEPC.

What do you mean by "UPC meetings"?

The Unitary Patent is an agreement of certain member states (28 EU states) under Article 142 EPC. http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar142.html

Article 4a foresees a conference of the ministers of all 38 contracting states.



Now, consider this:

There is no requirement that all EPC members need to be present, just a conference on patent matters and/or the organisation....

28 out of 38 is even a majority.....



In light of Battistelli's abuses (continuing to bust unions in defiance of the Administrative Council) we think that Techrights needs to drop some new documents soon. Battistelli's escalation of this conflict has given Techrights reasons to release even more documents soon, if not this month then during Christmas when there's time to catch up. The secrecy of the EPO is its worst enemy because this growing secrecy, over time, has been breeding growing levels of abuse.

We always, we urged all readers who are European to contact their national delegates and explain to them what a disgrace the EPO has become.

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
 
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market