11.15.16

Gemini version available ♊︎

Violations of Human Rights at the EPO in the Name of Fraud Prevention

Posted in Europe, Fraud, Patents at 1:44 pm by Dr. Roy Schestowitz

Very convenient a guise

Elmer news
Whistleblower ist weder Datendieb noch Erpresser

Summary: Whistleblowers at the EPO cannot speak and surveillance reaches extraordinary levels, the excuse being security, stability, justice and so on (surveillance classics)

EARLIER this year we wrote about rumours of fraud at the EPO and not too long ago we became witnesses to the pretext of “fraud” as as exploited to spy on staff and grossly violate their privacy or data security (in a way that no member state would tolerate). The members of the GCC who are members of the CSC wrote the following text: “We obviously do not support fraud and so consider it perfectly legitimate that some controls (checks and balances) are introduced in order to detect and/or prevent fraud also in the field of the healthcare insurance. However, this raises an additional big concern linked to the new contract and its external administrator: fraud control measures and the possible involvement of the EPO’s Investigation Unit. We are completely kept in the dark as to how the EPO intends to put in practice these controls. What will be the role of Cigna who are obviously best positioned (access to the data) to detect fraud)? Are they bound to respect national laws? What will be the role of the Investigative Unit? How will the different parties cooperate? How will medical secrecy be preserved? Which laws will apply at which steps? Why does the Office not collaborate with (local) national prosecutors since this would be compatible with Article 20, EPC? Not only have none of these questions been answered, we have not heard about any safeguards. We fear that this is an area that may raise serious problems in the future with possible damage to the EPO’s reputation. Although we have not been required to give an opinion despite the blatant impact that this new contract will have on staff employment conditions, we nevertheless recommend that the President should not implement the planned modifications as long as a joint Committee has not been established.”

“The way things work at the moment is a recipe for disaster because the Office already fails to attract top talent — the very kind of talent which it takes to deliver a good service and justify the high fees associated with EPs (grant, renewal, search etc.).”We often wonder how many violations it would take for Eponia to finally come under proper scrutiny from member states (beyond a slap on the wrist, at the very least a fine). The way things work at the moment is a recipe for disaster because the Office already fails to attract top talent — the very kind of talent which it takes to deliver a good service and justify the high fees associated with EPs (grant, renewal, search etc.). To make matters worse, a lot of key staff has been leaving and continues to leave the Office (the growing numbers of departures that we see are irrefutable). A new comment in IP Kat asked: “What would the European Patent system look like in, say, 2 to 4 years?” Here is the full comment:

“Anonymous” from Saturday, 12 November 2016 is trying to change the subject, isn’t he/she? The facts are quite simple: Battistelli got instructions from the Council not to fire staff members before new regulations are passed and did just the opposite.

That is the real problem here.

Battistelli is not doing what the Council wants. I asked what the Council can do and apparently the Council cannot do much because of the 3/4 of the votes clause. I said Battistelli just needs 10 countries to stay forever and follow his plans and nobody raised a credible objection. I don’t see how a ministerial conference could solve that problem.

So let us imagine that Battistelli stays another few years to continue his plans. The Council cannot do much because of this blocking minority. What would the effect be? What would the European Patent system look like in, say, 2 to 4 years?

It will be morally — maybe also fiscally — bankrupt (it’s said to be operating at a loss), more so assuming Battistelli continues along the same trajectory which renders examiners redundant in just two years. Will it be folded onto EUIPO? Serious intervention is needed to ensure that the EPO doesn’t just become a relic or a fossil from the past. The way things stand, based on what we are hearing from insiders, there is no promising future for the EPO (if any future at all).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 26/01/2023: LibreOffice 7.4.5 and Ubuntu Pro Offers

    Links for the day



  2. Links 26/01/2023: GNU poke 3.0 and PipeWire 0.3.65

    Links for the day



  3. IRC Proceedings: Wednesday, January 25, 2023

    IRC logs for Wednesday, January 25, 2023



  4. Companies Would Collapse Upon Abandoning Their Original Goals (That Attracted All the Productive Staff)

    Staff with technical skills won't stick around in companies that reject technical arguments and moreover move to proprietary software in a company that brands itself "Open Source"



  5. [Meme] Listen to Your Workers, Avert Disaster

    Companies that refuse to take input from staff are doomed to fail



  6. The ISO Delusion: When the Employer Doesn’t Understand the Company's Value Proposition (Building Systems) and Rejects Security

    Sirius ‘Open Source’ has failed to sell what it was actually good at; instead it hired unqualified people and outsourced almost everything



  7. Links 25/01/2023: NuTyX 23.01.1 and GNU Guile 3.0.9 Released

    Links for the day



  8. Links 25/01/2023: Stratis 3.5.0 and Many Political Links

    Links for the day



  9. New Record Low: Only One 'Linux' Article in ZDNet in More Than Two Weeks

    Only a few years ago ZDNet published about 3 “Linux” stories per day (mostly FUD pieces); now it’s a ghost town, painted in ‘alien green’; considering ZDNet’s agenda (and sponsors) maybe it’s better this way



  10. Links 25/01/2023: Pale Moon 32.0 and DXVK 2.1

    Links for the day



  11. IRC Proceedings: Tuesday, January 24, 2023

    IRC logs for Tuesday, January 24, 2023



  12. ISO Certification Hardly Tackles Any of the Real Issues

    The real-world threats faced by private companies or non-profit organisations aren't covered by the ISO certification mill; today we publish the last post on this topic before proceeding to some practical examples



  13. [Meme] Medical Data Sovereignty

    What happens when your medical records/data are accessible to a company based abroad after a mysterious NDA with the Gates Foundation? The International Organization for Standardization (ISO) does not mind.



  14. The ISO Delusion: Sirius Open Wash Ltd. and Medical Data/Projects at Risk/Peril

    Sirius ‘Open Source’ was good at gloating about “ISO” as in ISO certification (see our ISO wiki to understand what ISO truly is; ISO certification needs to be more widely condemned and exposed) while signing all sorts of dodgy deals and lying to clients (some, like the Gates Foundation, were never mentioned because of a mysterious NDA); security and privacy were systematically neglected and some qualified as criminal negligence (with fines/penalties likely an applicable liability if caught/reported)



  15. Links 24/01/2023: Wine 8.0 is Ready, FSF Bolsters Copyleft

    Links for the day



  16. Azure Has Layoffs Again, Microsoft Still Cutting

    Even supposed ‘growth’ areas at Microsoft are being culled (this growth is faked, it is a lie)



  17. Links 24/01/2023: Tails 5.9 and ArcoLinux v23.02

    Links for the day



  18. Links 24/01/2023: GStreamer 1.22 and Skrooge Gets New Site

    Links for the day



  19. IRC Proceedings: Monday, January 23, 2023

    IRC logs for Monday, January 23, 2023



  20. The Inside(r) Story of ISO 'Certification' Mills

    Based on my experiences inside Sirius ‘Open Source’ — as I was there for nearly 12 years — I finally tell what I’ve witnessed about ISO certification processes (see ISO wiki for prior experiences)



  21. [Meme] ISO Selling 'Reputation' to Small Businesses (for a Large Fee)

    As we’re hoping to demonstrate throughout the week, ISO certification is, in practice, worse than worthless (just a waste of small businesses’ resources, much like patents); call it the ‘ISO tax’, an artificial barrier to entry that boils down to money



  22. [Meme] ISO Certification for Paying for Certificates on Time

    ISO is a phony authority; it makes business by issuing mostly worthless paperwork that wastes people’s time and accomplishes nothing (except making ISO in rich Switzerland even richer)



  23. The ISO Train Wreck at Sirius 'Open Source'

    Before we proceed to showing how Sirius ‘Open Source’ blatantly ignored security and privacy we wish to show how ISO (see ISO wiki) basically ‘sold’ a certificate to Sirius — this is like a “diploma mill” but something that’s for businesses, not individuals



  24. Sirius Lying About ISO to Justify Giving the Technical Staff Some Classic 'Bullshit Jobs' While Censoring/Covering Up Incompetence

    Sirius ‘Open Source’ has long used “ISO” — and sometimes “GDPR” — as catch-all excuses for all sorts of nonsensical policies; does ISO realise the degree to which it is being misused by incompetent 'box tickers'?



  25. Links 23/01/2023: mozilla.org's 25th Anniversary and IceWM 3.3.1 Released

    Links for the day



  26. Report: The So-called 'Linux' Foundation is Reducing Focus on Linux

    The so-called ‘Linux’ Foundation is reducing its focus on Linux and is instead busy promoting Microsoft, Facebook, and other interests that GNU/Linux users strongly dislike



  27. Links 23/01/2023: Fwupd 1.8.10

    Links for the day



  28. IRC Proceedings: Sunday, January 22, 2023

    IRC logs for Sunday, January 22, 2023



  29. Links 23/01/2023: Many Pgpool-II Releases, risiOS 37 Reviewed

    Links for the day



  30. [Meme] Sirius is Not Open Source and Thugs Took Over the Company

    Despite its name, Sirius ‘Open Source’ actively replaces Open Source with proprietary software, even for its very own infrastructure (while almost all the “managers” use proprietary software)


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