06.30.17

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
  • Slashdot

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

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.

What Else is New


  1. [Meme] Torvalds Assimilated

    People belatedly realise that Microsoft’s plan for Git (and for Linux) isn't for the betterment of those projects but for Microsoft monopoly



  2. Links 27/10/2020: FuguIta 6.8, Fedora 33, Red Hat Satellite 6.8, KDE Plasma 5.20.2 and GStreamer 1.18.1

    Links for the day



  3. Site Changes Ahead of Anniversary

    We’re making some changes to the presentation and function of the site — changes that will become more prominent over the coming days



  4. IRC Proceedings: Monday, October 26, 2020

    IRC logs for Monday, October 26, 2020



  5. Links 26/10/2020: rpminspect 1.2, Open Source Hardware Certification and LibreOffice Conference

    Links for the day



  6. Links 26/10/2020: Debian "Bullseye" Artwork, Fwupd 1.5 Released

    Links for the day



  7. [Meme] Satya Na-DL

    Microsoft has shown its real priorities (just before the weekend when many people might not notice)



  8. Jonathan Wiltshire and Debian, Falsified Harassment Claims, Tiger Computing and GCHQ

    Reprinted with permission from Debian Community News



  9. Links 26/10/2020: Linux 5.10 RC1 and Loongsoon Laptops

    Links for the day



  10. The Downfall of Free Software Leaders (and Their Projects or Missions)

    "Cancel George Orwell, and happy hacking."



  11. IRC Proceedings: Sunday, October 25, 2020

    IRC logs for Sunday, October 25, 2020



  12. Links 25/10/2020: Kodi 18.9, ScummVM Android Love, Cutelyst 2.13

    Links for the day



  13. [Meme] Captain Zemlin and Neil McGovern's Ugly Legacy in GNOME (His Predecessors Work for Microsoft Directly Now)

    The Linux Foundation is already ‘sold’ and Microsoft Tim‘s interview with Neil McGovern, published a few days ago, was rather revealing (comments on the article/interview were also harsh)



  14. How Microsoft is Still Worse Than Google

    "I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage."



  15. 'President Bill Gates' Wants to Punish Not Only Google After Using “Extensions” to the Web to Reinforce Microsoft's Monopoly (Antitrust Violations Are a Microsoft Thing)

    In gross distortion of facts and of history and in a rather incredible fashion (very shameless and insulting) the corporate media tries to paint Bill Gates as an antitrust hero that will save the world from monopolies



  16. Donald Trump Helped Bill Gates Increase His Wealth by More Than 50%, Especially During the Pandemic

    Contrary to ridiculous narratives disseminated by nutty accounts all around the Web, Gates and Trump are no foes but 'partners in crime'



  17. Our 14th Birthday is Coming

    We're turning 14 shortly and we need ideas from readers (things that can be done to mark the event and celebrate 'on-line')



  18. In Spite of IBM's Difficult Past and Particularly Dark History, Under Arvind Krishna’s Leadership It Has Only Shown Signs of Improving

    This winter, 6 months after Arvind Krishna’s tenure as CEO began, we can generally say that things seem to have improved and we look forward to further improvements



  19. Links 25/10/2020: GNU Taler's IETF Milestone, RISC OS 5.28 and New Ubuntu Community Council

    Links for the day



  20. IRC Proceedings: Saturday, October 24, 2020

    IRC logs for Saturday, October 24, 2020



  21. Links 24/10/2020: GDB 10.1, Kodachi 7.4, Wine 5.20

    Links for the day



  22. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  23. The Militarised Elephant in the Room Still Commands a Lot of Free Software Development

    We take a difficult (albeit in-depth and perfectly factual) look at IBM's past and present; considering this is the company that controls Red Hat (which in turn controls many key projects in GNU/Linux) we need a better understanding of the real context, not PR fluff and marketing



  24. Juve Patent's Love of Patent Trolls and Their Misinformation

    The press 'gutter' known as Juve (basically propaganda disguised as 'news' since years ago) has gotten to the point where the publisher is just an extension of lawyers and liars



  25. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  26. Look How Many Tux I Give!

    "Long live rms, long live (Hyperbola) GNU/BSD, and happy hacking."



  27. Embrace, Extend, and Extensions: Two New Reasons to Delete GitHub, Which Microsoft Ruined for Everyone (Except the Copyright Cartel and Other Censors)

    GitHub is being turned into a garbage dump with malicious masters (or monsters, or mobsters); many people are denied access for using the 'wrong' browser and developers/projects are being censored (not for doing anything wrong or illegal, either)



  28. [Meme] When EPO Staff Claims to be 'Ill' or 'Sick'... During a Pandemic's European Peak

    Gotta check and verify that those 'lazy' EPO examiners aren't just faking being ill (in order to not meet "production" targets)



  29. The EPO Has Relegated or Lowered Itself to Extremely Poor Standards

    Today's EPO continues to reaffirm the image of global weakness; having failed to improve the working conditions and quality of the work (its actions did the exact opposite), it's nowadays begging China to send over lots of workload irrespective of quality or merit and it is outsourcing the functions of the Office to the United States



  30. Links 23/10/2020: Turing Pi 2, GNU Parallel 20201022

    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