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02.12.17

Nazi Analogies at the EPO Are the Work of Battistelli, Who Libels Staff Representatives and Judges by Calling Them Nazis and Criminals

Posted in Europe, Patents at 1:45 pm by Dr. Roy Schestowitz

He even did this in front of politicians, which would typically make him liable (if he didn’t enjoy immunity)

SS EPO

Benoît Battistelli libels his staff in front of French Parliament in March 2016:


Summary: The misplaced accusations of Nazism or sympathy towards Nazism, from the man who is proudly and arrogantly breaking the law, dodging accountability at every turn as though he’s the very autocrat he proclaims to be against

SURVEILLANCE and social control by overt violation of human rights is becoming a hot topic at the EPO because it happens very routinely, even more so (perhaps) after the Dutch government (or High Court) said it would decline to intervene when the EPO breaks the law. The EPO has already been caught illegally spying on visitors, so not only workers in Eponia (enlisted staff, consensually) are impacted by this. The other day the EPO invited some students. Will the EPO’s notorious Investigative Unit be spying on these students too? Will they get to sign some form or waiver consenting to it (keyloggers, hidden cameras and moles)? Well, we already know that even if basic rights of these visitors got infringed, the Dutch (and likely German as well) government would happily provide protection (to the EPO, not to the victims). The EPO is one heck of a crazy place and suicides are better understood by taking this latest comment into account. It received quite a few responses in IP Kat, even one or two rude responses (at least one nasty comment from a person who even insults the depressed and throws habitual snide remarks at my writings).

One person wrote:

Dear colleague,

thanks for your terrible feedback which unfortunately is shared by many EPO staff for the past 36 months. Indeed sick staff (even some under critical chronical sicknesses) are declared fit for work either by administrative staff from DG4 (who have no compentency in OHS) or by external GPs hired at high costs by the EPO and who act unethically (in TH the one acting as external medical advisor is not even registered in the NL to exercise medicine).

Please should you, yourself be in such situation, speak to your staff reps and/or union officials. Have your GP documenting all pressure since the current management methods are nothing else but criminal.

Keep your head up

Resistance to Reporting Rather Than the EPO

Few sites are ‘brave’ enough to report on the EPO because the EPO sends legal threats to those who say the truth about the EPO (not just us). So why attack the few who are willing to take the risk?

We noticed one such ‘attack’ a few days ago. Someone — probably the same person — then took a shot (for the second time) at Techrights, for merely ‘daring’ to use Nazis analogies (Godwin’s Law). These analogies actually come from EPO workers themselves and occasionally from European politicians who use words like “gestapo” (coming from staff). Now look at newspapers from across Europe. These words are being brought up there as well. The EPO is even being compared to “terror”, which is a heinous crime. As the following comment points out, EPO management compares its opposition to Nazis (repeated libel from Battistelli against staff whom he does not like). This is why it’s unreasonable to accuse Techrights alone of bringing up such analogies.

Here is the full comment:

Well fancy that …
And there was stupid me thinking that it was the head honcho at the EPO who was the guy who first started throwing around the Nazi smears like confetti at a wedding.

Maybe you didn’t catch his “star performance” in front of a committee of the French parliament last March ?
There’s a video here:

http://www2.assemblee-nationale.fr/14/autres-commissions/commission-des-affaires-europeennes/secretariat/a-la-une/audition-de-m.-benoit-battistelli-president-de-l-office-europeen-des-brevets

It’s all nicely documented under compte rendu 261:

http://www.assemblee-nationale.fr/14/europe/c-rendus/c0261.asp

And what do we hear there:
Mr. Battistelli slandering staff representatives by falsely accusing them of being involved in the distribution of messages with “Nazi symbols and slogans”.

Lie to your national parliament?
Use your position to publicly slander your subordinates who you are about to dismiss?
Well why not if you happen to have diplomatic immunity?
Isn’t that what it is there for?

And then there was the judge who Battistelli accused of being a Nazi.

It seems to be one of his favorite memes.
Godwin eat your heart out!

I wonder who exactly is lacking all traces of credibility here.

We already covered all the above and we have made local copies of the audio/video. When Battistelli loses his immunity we hope to see those whom he defamed suing him into personal bankruptcy. Battistelli is insane and the only place he belongs in right now is a mental asylum, maybe somewhere like Haar. Megalomania and God Complex are serious conditions and people possessing symptoms of these must not be placed on top of an institution — certainly not an institution that is positioned above the law.

Here is another (more polite) response:

As a Patent Attorney I am shocked and saddened to hear how stressful life is for you and how it is impacting on your health. I am sure that everyone on this blog would agree that your health is more important than anything that is going on at the EPO.

Take care of yourself, and try not to let what is going on around you give you a negative opinion of your own abilities and of yourself. I am glad that you are getting help – but do remember that life and your health is more important than a job.

I do hope things improve.

Latest among these comments show just how bad things have become at the EPO (for workers) and here is another response:

I do hope things improve.

Oh don’t we all.

However things are unlikely to improve until such time as the invertebrate blobs which seem to populate the Administrative Council these days develop something resembling a backbone and grow a pair and finally manage to stand up to the Bully-Boy-in-chief.

Maybe some day it will finally dawn on them that they appointed him and not the other way around.

But excuse me if I don’t hold my breath on that …

Haar is then brought up again, albeit in another thread regarding Battistelli’s alleged violation of the rules. One person said that he “could intervene to prevent such a decision [using] London barristers from Essex Street” (to overcome the law basically). Here is the full comment:

How likely is a legal challenge to the ability of a board of appeal to sit in Haar?
I am sure an enterprising attorney will request a question be submitted to the enlarged board pointing out that under Art. 6 EPC it is required that the EPO be located in Munich (with a branch at the Hague) and under Art. 15, the boards of appeal shall be set up “within” the EPO. Since Haar is not in Munich but “Landkreis München”. If so, what is the betting that the members of the EBA, who presumably are not in favour of moving, would agree that under the EPC, they must be located in the city of Munich rather than be shunted out.

Surely the President could intervene to prevent such a decision relying on the assistance of those London barristers from Essex Street who have come to his aid in the past …

We have already mentioned what Haar is associated with (at least in Germany), so there is something symbolic in Battistelli’s actions. It’s him who should be admitted to some hospital there, as he chronically lies about innocent people, comparing them to Nazis. He sees “Nazis” in everything except himself. He’s insane.

The ‘Trump Effect’

“President Trump has big problems because he seems to have never heard of the separation of powers,” another person wrote about the EPO, which is rogue in the separation of powers sense.

To quote the comment:

President Trump has big problems because he seems to have never heard of the separation of powers- https://en.wikipedia.org/wiki/Separation_of_powers .
Also President Benoit Battistelli thinks that separation of powers is superfluous. Mr Maas in Germany and Mr Rutte in The Netherlands, but also
the Administrative Council under charman Chinchilla are doing nothing. The are all complicit in the injustices committed by Battistelli and his goons resulting in
depression and suicides of EPO workers.

http://www.cartoonmovement.com/cartoon/37155

It’s quite inexcusable that given all the above observations Battistelli still has a job at all. This ENA graduate seems to be unfit for integration with other people and it’s a dangerous mix (or cocktail) is when he’s allowed to climb a ladder into a management position. Remember what his predecessor wrote about her reason for leaving.

Boycotts and Divestment by Staff

“Meanwhile,” one reader told us recently, “I have “digested” the bad news from the Netherlands and their cowardly High Council, confirming EPO’s impunity.”

“It is more obvious now,” this reader added, “that the issue will probably never be solved, until something really reaches the breaking point. I have some thought about a possible initiative: The Netherlands now officially with the decision of the HC [High Court], but Germany and other Countries as well by actually not taking any case under scrutiny, confirm that member States do not care for their own citizen whose fundamental and constitutional rights have been violated, repeatedly and intentionally. Now, actions against member States had been already suggested: legal actions, but they also take forever. But there is a possible way to add force to the struggle: a class action of civil disobeyance. Employees and former employees of EPO are required to pay taxes and fees (from TV broadcasting fees to VAT etc.) in both Countries of origin and in the Countries where they reside for work (the seat countries of EPO, Germany, The Netherlands, Austria, Belgium). Plus, they are also due to notify their residence and notify any income outside the EPO salary, and, last but not least, they are supposed to pay taxes on the pensions they get (and they don’t get any bonus or good will at the termination of service, even in case of dismissal).

“If people from EPO, pensioners and employees still in duty with extra incomes and revenues, have to pay taxes and fees and oblige to notifications of whatever sort to their Countries of origin and, especially, hosting Countries, they could announce an open end strike: they don’t pay taxes to Countries which do not recognize us as Citizens. Fix the legal status and basic, fundamental and constitutional Rights first. Then they can talk. I think this could hurt some [of the] cowardly…”

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