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

12.23.17

Raw: Sylvie Jacobs, President of USF, Warns the Administrative Council of the EPO About Battistelli Nepotism and Other Abuses

Posted in Europe, Patents at 5:36 pm by Dr. Roy Schestowitz

La galaxie Battistelli

Summary: Union Syndicale Fédérale (USF), which is no stranger to EPO scandals, wrote a letter to the chinchilla killer nearly four years ago, highlighting serious issues associated with Benoît Battistelli

Brussels, 21 March 2014

Open letter to the President of the Administrative Council of the EPO
Mr. Jesper KONGSTAD

Dear Sir,

Mr. Benoît Battistelli (FR), former Director General of the National Institute of Industrial Property (INPI, the French Patent Office) became President of the European Patent Office (EPO) in July 2010.

Since then, Mr. Battistelli, supported by an Administrative Council (AC) of the EPO of which you are the President, has almost systematically appointed to key positions at the European Patent Office persons who were his closest former colleagues at the INPI1.

Such practices are incompatible with the obligation of ensuring a satisfactory degree of representation of all the nationalities within an international organization, with the aim of respecting the institutional balance enshrined in the European Patent Convention (EPC).

More than this, we are witnessing an unprecedented dismantling of the social contract which has been built up over more than thirty years in co-operation with the Administrative Council, the Presidents of the EPO, and the members of the EPO. This social contract has allowed for the development and success of the EPO. To break it in such a brutal manner will undoubtedly prejudice the performance of the organization.

It is not acceptable to see the current President:

1. Ignoring the unanimous opinion of a disciplinary commission attesting to the innocence of an agent of the EPO (January 2014) and imposing one of the most severe sanctions possible. This constitutes an abuse of rights and power which de facto discredits this body, established by the Council;

2. Obtaining from the Council “carte blanche” to define the right to strike, and then to suppress it. This is quite simply illegal (legal proceedings are in hand), and constitutes a double abuse on the part of the Council and the President of the EPO;

3. Introducing “investigation guidelines” contrary to any notion of a state of law, such as defined within the Member States, is scandalous in 2014 in European territory;

4. Simply ignoring the minimum constraints adopted in this matter, by virtue of the Treaty on the Functioning of the European Union, implementing a directive on data protection (March 2014) without involving the Administrative Council or the external users. This constitutes yet another abuse of power;

_________
1 Cf document ‘la galaxie Battistelli’


5. Suppressing a system of designation, consultation, and participation by the personnel of the EPO which is stable and has been undisputed for close on forty years. This bears witness to a deliberate show of contempt towards the members of the EPO who are unanimously opposed to the “social democracy” project.

6. In view of the foregoing it is most regrettable that you, during your mandate as President of the AC, have not only failed to improve the transparency of the organization of which you are the head, but have also shown an assiduous zeal in satisfying the demands of the President without concerning yourself as to their legality or their social impact. You cannot be unaware that such “ultra vires” behaviour on the part of national functionaries incurs action under the penal code in the majority of national legislative structures, and potentially lays the members of the Council open to such proceedings.

The standards in matters of responsibility and transparency within the EPO remain very much on the side of those which govern the institutions of the European Union and the national administrative bodies. The actions of the President of the EPO, which the Council authorises and for which the Council bears responsibility are departing very substantially from the scope of action authorised by Articles 10, 33, and 35 of the EPC.

At a time when Brussels intends to assign the issue of the Unitary Patent to the EPO, it is becoming a matter of urgency to take action in order to harmonize the standards of governance and control within this great organization with those which are in force in the European Union. In view of the deleterious social situation and the points brought to your attention in this letter, we ask that you forthwith:

1) Postpone the vote on the “social democracy” project in order to define with the social partners a text which is acceptable to all parties concerned;

2) As an exceptional circumstance, not to allow the rule of abstentions provided for under Articles 33 and 35 EPC. It is essential that the principles of good governance and transparency are in fact respected at the EPO. The delegations must make it known whether they approve or if they oppose the “social democracy” project. Abstentions are no longer ethically admissible in the current crisis situation at the EPO.

Yours faithfully
Sylvie JACOBS
President USF

CC: Mr. Battistelli

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. IRC Proceedings: Tuesday, October 22, 2019

    IRC logs for Tuesday, October 22, 2019



  2. Why GNU Is Better Staying Top-Down, Even If Free Software Isn't

    "Open Source is like a broken record, and it is a broken promise. If you want to fail, follow them -- they will show you the way."



  3. Guest Article: Why Users Must Dictate the Free Software Movement

    "Recently, a person named Eric Lundgren completed his jail sentence just for copying and distributing Microsoft software which is available for free in their website"



  4. Links 22/10/2019: MX-19, Tails 4, Mesa 19.1.8 Released

    Links for the day



  5. “Stallman Was Right” is Not Just a Meme as It's Usually True

    The track record of Stallman isn't immaculate, but it's exceptionally good if not impressive



  6. EPO Diplomatic Immunity

    What people can get away with at the European Patent Office (EPO) if their name is Battistelli or António Campinos



  7. Dr. Ingve Björn Stjerna Reveals How the German Government Actively Ignored SMEs to Push the Notorious 'Unitary Patent' Sham

    Turning European Patents (which are no longer good patents but expensive or overpriced patent monopolies — patents which European courts will likely reject) into “unitary” ones (i.e. enforceable EU-wide with one legal action) would harm wrongly-accused parties that mostly or only operate in one single country, overriding the authority of those parties’ national laws and courts



  8. Links 22/10/2019: Pacman 5.2, Shame of Disney+ DRM, Microsoft's DRM Scheme, Microsoft Reprimanded for Privacy Abuses

    Links for the day



  9. Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

    The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren’t for “information” and “innovation” anymore; moreover, calling them “intellectual property rights” (or IPRs) is spreading a malicious lie



  10. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  11. SUEPO Protest Tomorrow. All EPO Staff in Munich Ought to Attend and Prepare to Strike Too.

    Tomorrow’s planned protest should be a bridge towards a full strike, which takes more time to plan for and get authorisation for (because of increasingly strict restrictions)



  12. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  13. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  14. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  15. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  16. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  17. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  18. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  19. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  20. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  21. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  22. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  23. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  24. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  25. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  26. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  27. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  28. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  29. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  30. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)


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