06.30.17

Gemini version available ♊︎

The EPO Has Officially Confirmed That Christoph Ernst Will ‘Boss’ (and Soon Replace) Battistelli

Posted in Europe, Patents at 12:33 am by Dr. Roy Schestowitz

Mathieu Klos from Juve (photo below) got an important confirmation

Mathieu Klos‏

Summary: Now that Ernst’s appointment is official (effective within a few months), it remains to be seen where he stands regarding Battistelli, the staff representation, the defunct UPC campaign and more

THE EPO never speaks to us. In fact, it blocked us from its network not because we published incorrect things but because our reporting offers ‘too much’ transparency — something that Battistelli and his goons are unable to tolerate. They are incapable of introspection.

“A new comment has just said that the new (or next) Chairman of the Administrative Council “did not appear to show any particular concern for” last week’s suicide in “his home country” (Germany).”We don’t think that things will improve after this week’s meeting at The Hague. We said so all along. A new comment has just said that the new (or next) Chairman of the Administrative Council “did not appear to show any particular concern for” last week's suicide in “his home country” (Germany).

To quote in full:

Mr Ernst is a man with a proven record of performance

Yes indeed.

It’s quite telling that the strongest intervention concerning the recent suicide in Munich at yesterday’s AC meeting came from the Dutch delegate …

Mr. Ernst did not appear to show any particular concern for an incident which happened on the territory of his home country … true to form …

To remove any doubts about Christoph Ernst’s upcoming role, Mathieu Klos‏ from Juve asked the EPO (citing Techrights) and then wrote that “@EPOorg confirms Christoph Ernst from German Ministery [sic] of Justice is new Chair of Administrativ [sic] Council…”

“In the long disciplinary proceedings against a suspended judge of the Boards of Appeal, there has been no decision. Apparently, the judge will not be re-appointed by the Administrative Council after the end of his term.”Finally, to our surprise, someone else covers it. Not a single article (yet) about today’s strike, except in IP Watch. Not even the EPO said anything (anywhere!)…

The article from Klos‏ is a well-informed one, as Klos‏ and a colleague have long covered EPO scandals (not puff pieces). “I noticed that SUEPO published the article,” one reader told us about SUEPO, “and my guess is that it will take just a few days before translations are published.”

Either way, we looked at the text of the article (we were first to cover this news) and picked out some interesting bits, namely:

  • Ernst is within the Ministry of Justice responsible for the UPC.
  • Ernst is currently the head of the German delegation at the Administrative Council of the European Patent Office. The lawyer manages the unit for commercial and business law, which is also responsible for the EPO and the UPC preparations as Assistant Director in the Federal Ministry of Justice. It is unclear whether his appointment as Chair of the Administrative Council is somehow connected to the constitutional complaint against the German law related to the Unified Patent Court (UPC). Currently, it blocks the German ratification of the UPC.
  • Regarding the grounds of appeal, the Federal Constitutional Court is completely silent (currently). In professional circles it is suspected that the grounds of appeal are something about the EPO’s own court as the Boards of Appeal are not independent enough and lack a legal hearing. Therefore, at least four constitutional complaints in Karlsruhe have been pending for a long time. The EPO may, in the future, give the new EU patents, which then establish the UPC. Former Federal Constitutional Law Prof. Dr. Siegfried Broß therefore recently classified the situation at the EPO in a JUVE interview as a constitutional concern.
  • Regarding the “New job: finding Battistelli’s successor,” the article says that Ernst is just at the beginning of his term but already facing difficult tasks: the relationship between the Trade Union’s leadership and Battistelli is regarded as broken. Also, some controversial disciplinary proceedings are pending — especially against former heads of the influential Trade Union SUEPO. In the long disciplinary proceedings against a suspended judge of the Boards of Appeal, there has been no decision. Apparently, the judge will not be re-appointed by the Administrative Council after the end of his term. Above all, the most difficult task for Ernst will be to find a successor for Battistelli. His term ends in June 2018 and a successor has to be found by then.

Can someone out there translate the whole article for us? In case SUEPO does not publish a translation?

We shall cover the UPC in our next post, having already written about Ernst's connection to the UPC last year. Vigilance is crucial now.

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.

A Single Comment

  1. One of those... said,

    June 30, 2017 at 2:17 am

    Gravatar

    Yes, the contract has not been renewed.
    Which is final prove of lack of independency of the “judges” at the EPO.

    This is a disciplinary measure without any disciplinary procedure.
    Suspending an employee without reason, and a lack of a running disciplinary procedure is a lack of reason, amounts to gross negligence of the EPC by the Administrative Council.

    The lack of access to independent judges for his case is also a problematic issue for the employee of the EPOrg.

    If any company did this, the judges and public prosecutors would take the company, the CEO and the supervisory boards apart, and likely send them to jail.

    But the EPO and the executive head and the members of the AC are all diplomatically immune.
    Lucky them.

DecorWhat Else is New


  1. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  2. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  3. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  4. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  5. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  6. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  7. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  8. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  9. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  10. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  11. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  12. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  13. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  14. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  15. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  16. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  17. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  18. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  19. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  20. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  21. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  22. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  23. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  24. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  25. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  26. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  27. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  28. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  29. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  30. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    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