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

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…”

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 28/4/2017: Subsurface 4.6.4, GNOME Shell & Mutter 3.25.1

    Links for the day



  2. Kather Augenstein and Bristows Shift Attention to Germany in an Effort to Ram the Dying UPC Down Everyone's Throats

    Down the throat, hopes Team UPC, the Unitary Patent system will go, even though Britain cannot ratify, throwing the whole thing into grave uncertainty



  3. United for Patent Reform Defends USPTO Director Michelle Lee From Attacks by the Patent Microcosm

    Michelle Lee is finally (if not belatedly) shielded by a bunch of large technology companies; The deep-pocketed industry finally steps in line with our position, which is usually when things turn out the way we advocate for



  4. Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

    A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again



  5. China's Suffering From Patent Maximalism Has Europe Forewarned

    The parasitic elements inside China -- those that just want lots of litigation (even if from patent trolls) -- are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli



  6. Links 27/4/2017: Mesa 17.0.5 RC1, Git 2.13.0 RC1, and Linkerd 1.0

    Links for the day



  7. The Latest Expensive PR Blitz of the EPO, Led by Jana Mittermaier and Rainer Osterwalder Under the 'European Inventor Award' Banner

    The PR agencies of the Corsican in Chief, who appears to be buying political support rather than earning any, are very busy this week, as yet another reputation laundering campaign kicks off



  8. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  9. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  10. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  11. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  12. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  13. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  14. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  15. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  16. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  17. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  18. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  19. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  20. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  21. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  22. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  23. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  24. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  25. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  26. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  27. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  28. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  29. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  30. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International


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