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

03.31.17

Culpability for EPO Injustice in the Administrative Council Chaired by Battistelli’s Protector, Jesper Kongstad

Posted in Europe, Patents at 6:00 am by Dr. Roy Schestowitz

Battistelli and Kongstad

Summary: The EPO, whose innate nature or goal was to serve (patent) justice, quickly became a world-renowned example of gross injustice, not only on patents but also towards its own employees and even judges who are in principle independent

YESTERDAY evening we published this leak which showed the poetic injustice against a judge (we never missed the irony of this scenario). The EPO‘s management is abusive enough to have “miscarriage of justice” even against judges. Anywhere else it’s unheard of, except perhaps in Turkey and in the US after Trump’s inauguration. Saying the truth about justice is some kind of a (thought) crime now; upholding the law is an offense. What has the EPO sunk to? There is not even separation of powers anymore.

Not too long after we had leaked the document someone wrote: “To those of your wondering what happens with the for TWO years shamefully suspended judge…”

“Torture by suspension seems legal at the EPO,” another person alleged. To quote:

After almost two and a half years of disciplinary proceedings and three decisions by the Enlarged Board of Appeal against its requests, the AC allegedly is still not in a position to take a final decision on the suspension of the suspected judge, failing “the establishment of all relevant facts”:

http://techrights.org/2017/03/30/guilty-until-proven-innocent/

Torture by suspension seems legal at the EPO.

Today (this morning) two more comments showed up and at least one of them is buried deep inside a very old thread, so we reproduce it below.

“AC has now effectively “rewarded” the President for his interference,” the following comment says:

So the AC has decided that the fate of the suspended judge “would depend upon the establishment of all relevant facts”. But how are those facts going to be established if the President keeps preventing the Enlarged Board of Appeal from establishing them?

In essence, the sole effect achieved by the President’s interference in the “judicial” proceedings is the advancement of his agenda: to prevent independent scrutiny of the “facts” upon which the allegations against the suspended judge are allegedly based (and the manner in which those “facts” were obtained); and to prolong the suspension without (fair) trial.

All this means is that, in addition to failing to sanction the President for his unwarranted interference in the judicial proceedings, the AC has now effectively “rewarded” the President for his interference.

It looks like the AC, following in the President’s footsteps, is effectively saying farewell to the rule of law. It is also confirming that the Enlarged Board of Appeal was right to fear that the AC would side with the President… meaning that the President’s thinly-veiled threats to the Enlarged Board really were an unforgivable attempt to interfere with the independence of the judiciary.

Presumably a majority of representatives to the AC agreed with the decision not to terminate the disciplinary proceedings against the suspended judge (or not to at least reinstate him until the facts can be independently established). And if a majority was required for the AC to reach such a heinous decision, what does this say about the current state of that supervisory authority? Not only should every last one of the representatives that supported this decision be thoroughly ashamed of themselves, but we need to know who they are… so that we can start asking them some questions.

Another comment correctly points out that the EPO “slandered his name publicly as Nazi (despite not having delivered any proof, as noted by the eBoA).”

The accused judge ought to sue the EPO for slander, but the EPO enjoys immunity. See what the EPO can get away with? Here is the full comment:

And since the DG3 member has no influence on the timing of the steps of the procedure, he has no chance to get the eBoA to actually speak him free.

He can go nowhere, as national judges “have no jurisdiction”, the internal procedure is “still running” (ILOAT will decline any judgement), the AC and the president are not willing to proceed the procedure, and the eBoA cannot do anything out of its own volition, as there is no case before the eBoA currently.

Another perfect example of “the internal remedies available to staff are sufficient, therefore national judges need to uphold the immunity and have no jurisdiction”.

But then, there’s “only one” “human” affected, who is overpaid anyway.

Really wondering why the leftish anti-Europe papers are not picking up on cases like this, but then the DG3 member is not allowed to defend himself publicly, while the office slandered his name publicly as Nazi (despite not having delivered any proof, as noted by the eBoA).

I wonder how anyone can think the EPO and its employees do follow the EPC if its management and supervising organ are so obviously violating the EPC again and again.
Despite all the words in favour of a strong Europe, someone is set on destroying it from within. The fallour in the public opinion will strengthen the anti-Europe sentiments, which should not be in the interest of the EPO.

Yesterday we received the following comment which suggests time alone is unlikely to heal the wounds. Battistelli is not intending to step down (probably more true now that the UPC is stuck again). Here is what the comment said:

This is really interesting. It is quite possible, even probable, that Battistelli is planning to stay a lot longer than 2018. The Council thinks he will go, but they have been fooled before and Battistelli knows he can fool them again.

That would also explain that “strange” structure that is planned to replace Minnoye. Here again, the council thinks it is a temporary measure but that is a classical trick which is taught at the ENA: “temporary arrangements are easier to negotiate and often last longer”.

This has implications for SUEPO (and techrights…) as well.

What happens at the EPO is a total catastrophe; the only greater catastrophe is German media being so reluctant or unwilling to cover it. In the next post we’ll hypothesise why that might be (clue: think Texas).

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. The Fall of the UPC - Part IX: Campinos Opens His Mouth One Week Later (and It's That Hilarious Delusion Again)

    Team Campinos said nothing whatsoever about the decision of the FCC until one week later, whereupon Campinos leveraged some words from Christine Lambrecht to mislead everybody in the EPO's official "news" section



  2. Pretending EPO Corruption Stopped Under António Campinos When It is in Fact a Lot Worse in Several Respects/Aspects (Than It Was Under Benoît Battistelli)

    Germany's eagerness to keep Europe's central patent office in Munich (and to a lesser degree in Berlin) means that politicians in the capital and in Bavaria turn a blind eye to abuses, corruption and even serious crimes; this won't help Germany's image in the long run



  3. IRC Proceedings: Saturday, March 28, 2020

    IRC logs for Saturday, March 28, 2020



  4. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  5. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  6. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  7. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  8. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  9. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)



  10. Faking Production With Fake Patents on Software

    The EPO with its illegal guidelines (in violation of the EPC) can carry on churning out millions of fake patents that European courts would only waste time on and small companies be blackmailed with (they cannot afford legal battles)



  11. With the Unified Patent Court (UPC) Out of the Way Focus Will Return to EPO Corruption

    Expect the European Patent Office (EPO) to receive more negative attention now that the ’cause’ of UPC is lost and there’s no point pretending things are rosy



  12. IRC Proceedings: Thursday, March 26, 2020

    IRC logs for Thursday, March 26, 2020



  13. Links 27/3/2020: qBittorrent 4.2.2, Krita 4.2.9, pfSense 2.4, Bodhi Linux 5

    Links for the day



  14. IRC Proceedings: Wednesday, March 25, 2020

    IRC logs for Wednesday, March 25, 2020



  15. Still Work in Progress: Getting Those 2,851 Pages of Police Report About Arrest for Pedophilia in Home of Bill Gates

    It’s extremely difficult to get those police records, which were requested exactly one day before the media started attacking Richard Stallman (associating him with pedophiles based on a deliberate distortion)



  16. Links 26/3/2020: Plasma Bigscreen, New Kubernetes, Fedora's New Identity and Bodhi Linux 5.1.0

    Links for the day



  17. Guest Article: Window Managers, Github and Software Disobedience

    "Walking away from monopolies is the essence of freedom"



  18. Links 25/3/2020: LLVM 10.0.0 and UCS 4.4-4 Released, WordPress 5.4 RC4

    Links for the day



  19. 'Team UPC' Last Week

    The looks on Team UPC's faces 5 days ago (before and after the 9:30AM announcement)



  20. The Fall of the UPC - Part VII: Lies and Revisionism About the Reasons for the UPC's Ultimate Demise (to Leave the Door Open for More Failed Attempts)

    The media was lying in a hurry, in a coordinated effort to distort the meaning of the FCC's decision or belittle the impact of this decision; Techrights will carefully watch and respond to these lies



  21. IRC Proceedings: Tuesday, March 24, 2020

    IRC logs for Tuesday, March 24, 2020



  22. Linux Foundation Became Anti-Linux, Run by Microsoft People to Serve Microsoft's Agenda

    Microsoft is taking over the bodies of healthy projects, infecting the hosts in order for them to become slaves of the proprietary parasite; there's still no (known) cure, but we're familiar with the symptoms



  23. Microsoft Continues to Attack and Steal From the Open Source/Free Software Communities

    Microsoft cannot be trusted and there's no "new Microsoft," as another fairly new story serves to show



  24. Targeted Attack Leveraging FSF Servers

    Targeted by a determined and persist perpetrator, I've received over 20,000 E-mails. And the weapon of choice was the FSF's infrastructure, remotely misused against yours truly.



  25. If We Weren't Silencing Founders, Critics and People We Just Don't Like

    "In the long run, history is rarely very kind to tyrants, especially the ones who did little more than lie to people and demand things that served no real purpose."



  26. The Fall of the UPC - Part VI: Drowning in Material

    We're starting to see few good reports on the subject of UPC being rejected by the constitutional court of Germany; we also have a rapidly-growing 'buffer' of rather blatant examples of disinformation (which we'll tackle as best we can)



  27. FFII: EU Software Patent Court Stopped by Constitutional Court, Patent Industry Will Try Again

    The third attempt to validate software patents in Europe via a central patent court (UPC) has been stopped by the German Constitutional Court. The Unified Patent Court (UPC) would have given the keys of the kingdoms to the patent industry, and the last word over software patentability. FFII predict that the patent industry will continue to push for an UPC v2.0.



  28. Links 24/3/2020: Alpine 3.11.5, MythTV 31.0 and Tails 4.4.1

    Links for the day



  29. IRC Proceedings: Monday, March 23, 2020

    IRC logs for Monday, March 23, 2020



  30. Links 23/3/2020: Linux 5.6 RC7, Audacious 4.0, and Git 2.26 Released

    Links for the day


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