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12.29.17

Raw: École nationale d’administration (ENA) and the EPO, Where Being French Means Climbing to the Top and Dominating Recruitment/Entryism

Posted in Europe, Patents at 6:49 pm by Dr. Roy Schestowitz

École l’Élodie

French EPO

The next President will also be French, making him the 3rd (out of 4 latest!)

Original/full: Recruitment and selection EPO-style [PDF]

Recruitment and selection EPO-style

Elodie BergotSummary: Recruitment/HR at the EPO suffered profoundly under Bergot (brain drain), who was herself elevated to her position owing to bad recruitment practices (nepotism)

Raw: Battistelli the Patent Office Shark Shouting From the Rooftop (Isar)

Posted in Deception, Europe, Patents at 6:13 pm by Dr. Roy Schestowitz

Translation: “It is not my fault that the wife [Bergot] of my closest French collaborator [recently promoted closer to the top] is neither German, nor Dutch, nor British, nor Belgian, nor Swedish, nor Danish , nor Finnish, nor Italian, nor Romanian. What has this to do with nepotism?”

Original/full: Translation of Communiqué No 26 [PDF]

Battistelli the Patent Office Shark

Summary: SUEPO responds to Communiqué No 26, in which Battistelli — as usual — blames truth-tellers, notably staff representatives, and promotes the horrible Unitary Patent (UPC) — advancing that illusion that it was about to happen more than half a decade ago! (they have always pretended that it was just around the corner)

Raw: Rights Which the Dutch Court Ruled That the EPO Had Violation

Posted in Europe, Patents at 5:49 pm by Dr. Roy Schestowitz

Immunity notwithstanding

Original/full: 4 SUEPO letters [PDF]

EPO basic rights

Summary: SUEPO, in all EPO sites, explains why industrial action (strike) is justified

Raw: Central Staff Committee of the EPO Warns the Organisation That It Votes in Favour of Breaching Fundamental Rights

Posted in Europe, Law, Patents at 5:33 pm by Dr. Roy Schestowitz

Original/full: Social unrest at the EPO – and your role in it: The consequences of a vote in favour of the proposed strike regulations [PDF]

Radford letter to ational representatives

Summary: Citing ECHR (which now has a pending complaint about the EPO) and ILO (which is flooded with countless complaints from the EPO), the Radford-led Staff Committee writes to national representatives of the European Patent Organisation

Raw: When the EPO Violated German Law and ECHR Got Invoked Along With the German Constitutional Court (Bundesverfassungsgericht)

Posted in Europe, Law, Patents at 5:11 pm by Dr. Roy Schestowitz

Original/full: English [PDF] | French [PDF] | German [PDF]

EPO health checks

Summary: EPO staff health checks and handling of illness-induced leave are against German law (more examples of the EPO breaking German law soon followed)

Battistelli Becomes Judge Corcoran’s (Almost) Direct Boss and People Doubt He Will Last Long

Posted in Europe, Patents at 1:39 pm by Dr. Roy Schestowitz

French EPO

Summary: The French-dominated (Team Battistelli) DG1 will soon ‘boss’ Patrick Corcoran, which means Battistelli can retaliate against him as early as next week if not later

THINGS get even worse at the EPO. On December 12th we presented the claim that seemed inevitable – the claim that Judge Corcoran would be transfered to DG1, bossed by Team Battistelli (we already covered the controversial changes made in this DG against common sense and in spite of many warnings). Two days later we wrote about it again. It seems to be almost a confirmed fact, but it took another 8 days for that to happen (when most people are already away on holiday and not able to pay much attention, certainly not journalists).

According to this new comment (hours old), “as feared, Mr Corcoran received notification of his transfer to DG1 on 22 December 2017, the last working day of the year.”

“Corcoran and his wife are in a limbo in Munich. Their lives must have been in disarray with all this uncertainty, defamation, and sheer injustice (ironically directed at an actual judge).”“The Boards are thus trully [sic] independent,” the commenter added sarcastically. It’s very much believable even though the comment is anonymous. We heard similar things from other sources. Remember that, effective a few days from now, long-term contracts are over; this means that Corcoran can be fired by Battistelli (indirectly, by his French loyalists and old friends whom he put in control). It’s beyond farcical. Even the next President is French and close to Battistelli.

But what is the broader significance of it? The appeal boards have absolutely no independence; worse — they can be legally bullied, potentially into personal bankruptcy (with their salary halved and having to pay hefty legal bills in two countries where they don't speak the local dialect). Corcoran and his wife are in a limbo in Munich. Their lives must have been in disarray with all this uncertainty, defamation, and sheer injustice (ironically directed at an actual judge).

Such is the shambolic state of the EPO. UPC would seem like an utter joke under such circumstances. Would someone like Battistelli and a bunch of dependent judges (with a dubious nomination and contract renewal procedure) looking into low-quality patents be a trusted system EU-wide? Of course not. And see the next new comment, which alludes also to the EPC (routinely violated by Battistelli while the AC nods in approval):

If you are engaged in a collusive conspiracy with the President of the Office to circumvent the provisions of the EPC you are hardly likely to leave any “publicly available documentation” lying around.

The members of the EBA are fully aware of the situation but they will keep mum because they know that their appointing authority can suspend them ad infinitum with the mere flick of a wrist.

Another question: what authority does the AC have to overrule (or to permit the President to ignore) a decision of the Enlarged Board? I cannot see anything in the EPC that grants the AC such sweeping powers.

An excellent question.
But more to the point: I cannot see anything in the EPC that could be used to call the AC to account if it decides to do what it likes … apart from the legal route to Geneva and the EBA is unlikely to try this for the reasons indicated above.

The case of Corcoran represents a larger picture and symbolises the erosion of EPO order, much like the dismissal of staff representatives. The closest thing to it can be found nowhere in Germany; try Ankara instead.

Raw: Željko Topić Tries to Defend an Illegal Suppression of Labour Rights

Posted in Europe, Patents at 4:49 am by Dr. Roy Schestowitz

Topić had already done in Croatia various similar things; that wasn’t long before he was keenly hired with Battistelli’s support

General Advisory Committee on VP4
Original/full: English [PDF] | German [PDF] | French [PDF]

Summary: When the General Advisory Committee discussed the highly controversial nature of impediments to strikes Vice-President Topić (just months on the jobs) stonewalled in order to suppress opposition by staff representatives, who moreover noted that the proposal was illegal, would likely be challenged by ILO (can take many years to happen) and would “contravene international laws [...] host nations have a duty to intervene if they suspect breach of international conventions on their territory.”

Raw: EPO Compared to Thatcherism Amid Suppression of Bargaining/Strikes

Posted in Europe, Patents at 4:08 am by Dr. Roy Schestowitz

Original/full: Strikes and unauthorised absence [PDF]

Strikes and unauthorised absence

Summary: Members of the EPO’s staff committee explain why Battistelli’s new regulations curtailing strikes (and more) are not just illegal but also unethical

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