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

04.18.18

Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

Posted in Europe, Patents at 4:04 am by Dr. Roy Schestowitz

Reader’s response to this post

EPO FIFA-approved graphic

Summary: In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was

It should be obvious to all and sundry by now that people who expect the EPO Administrative Council to hold Battistelli to account are barking up the wrong tree. The unfortunate fact of the matter is that it really is possible to get away with serious abuses as long as the perpetrator is protected by diplomatic immunity. In this case Battistelli enjoys diplomatic immunity as President of the EPO and he also seems to be protected by a supine Administrative Council which shows no interest in calling him to account.

“In this case Battistelli enjoys diplomatic immunity as President of the EPO and he also seems to be protected by a supine Administrative Council which shows no interest in calling him to account.”But what people who complain about Battistelli seem to forget is that he also wears other hats and operates in other contexts where he does not enjoy immunity. To be more precise: he is the deputy mayor in charge of culture in his home town of Saint-Germain-en-Laye.

He was appointed to this position in October 2017 after the last local elections when he succeeded Arnaud Péricard. Péricard’s was “promoted” to the position of mayor after the death of Emmanuel Lamy in May 2017. Until October 2017 Battistelli was the municipal councillor in charge of theatre. In this position he was mainly responsible for the municipal theatre which is known as the Théâtre Alexandre Dumas.

“Until October 2017 Battistelli was the municipal councillor in charge of theatre. In this position he was mainly responsible for the municipal theatre which is known as the Théâtre Alexandre Dumas.”The Théâtre Alexandre Dumas (TAD) is named after the famous French writer, some of whose most illustrious works, such as “The Three Musketeers”, were written in Saint-Germain-en-Laye. It is a municipal institution which is directly under the management of the municipal council. Both the deputy mayor for culture and the the town councillor in charge of theatre sit on its board of directors.

The TAD can also be rented as a location for events such as cocktails, seminars, congresses, projections and suchlike.

By an interesting coincidence the Théâtre Alexandre Dumas will serve as the venue for the European Inventor Award ceremony on 7 June 2018. (warning: epo.org link)

Paris theatre

The decision to host the event in Saint-Germain-en-Laye seems to be good news for the town and will undoubtedly result in an influx of funds to the local coffers. This means that it’s unlikely that anybody on the municipal council will ask too many questions or dare to upset the apple-cart.

Even before this latest twist the European Inventor Award has been shrouded in opacity because the European Patent Convention does contain any mandate for the EPO to sponsor such an extravanganza.

“Even before this latest twist the European Inventor Award has been shrouded in opacity because the European Patent Convention does contain any mandate for the EPO to sponsor such an extravanganza.”The event was initially established in 2006 under Alain Pompidou and the first ceremony was hosted in Brussels with the co-sponsorship of the European Commission.

In the beginning it seems to have been run as a joint venture between the EPO and the European Commission and for a number of years the venue chosen was in the state holding the presidency of the Council of the European Union.

From 2013 onwards this changed without any explanation being given and since then it has never been clear on what criteria the host state for the event is chosen.

But the choice of venue for 2018 takes the biscuit:

Not only is the event being held in France for the second time in the space of four years but it is taking place in the home town of the President of the EPO where he is an elected member of the local municipal council and deputy mayor!

“Not only is the event being held in France for the second time in the space of four years but it is taking place in the home town of the President of the EPO where he is an elected member of the local municipal council and deputy mayor!”Neither the Official Journal of the EPO (warning: epo.org link) nor the minutes of the municipal council of Saint-Germain-en-Laye appear to contain any records which would explain how the decisions to host the event in Saint-Germain-en-Laye and to use the Théâtre Alexandre Dumas for this purpose were taken or who was responsible for these decisions.

In other words no publicly accessible record can be found to clarify whether the selection of Saint-Germain-en-Laye as the host town was made by the EPO President acting on his own initiative or whether the Administrative Council had any involvement in the matter (even if this was only to rubber-stamp the President’s preference).
It’s also not clear what role Battistelli played in the selection of the TAD as the venue for the event but given that he is on its board of directors it would be reasonable to assume that he must have been involved in some capacity.

Even FIFA seems to be a paragon of transparency compared to this!

Battistelli job

Some observers who have looked into the affair have raised the question as to whether or not the choice of venue might involve a conflict of interest on the part of the individual who wears both the hat of the EPO President in Munich and the “chapeau” of the deputy mayor in charge of culture on the municipal council of Saint-Germain-en-Laye.

“Some observers who have looked into the affair have raised the question as to whether or not the choice of venue might involve a conflict of interest on the part of the individual who wears both the hat of the EPO President in Munich and the “chapeau” of the deputy mayor in charge of culture on the municipal council of Saint-Germain-en-Laye.”Recent developments in the case of Sarkozy have shown that France has extensive anti-corruption legislation which among other things penalises improper giving and receiving of benefits, “influence peddling” and misdirection of public funds.

Given the failure of the EPO Administrative Council to call Mr. Battistelli to account as EPO President it seems legitimate to pose the question as to whether the French public prosecutor might not be the appropriate authority to scrutinize his activities as deputy mayor in charge of culture in Saint-Germain-en-Laye where he is subject to French law and does not enjoy immunity.

Attachments: Extracts from the “Journal Saint-Germain-en-Laye” [1, 2] showing Battistelli’s activities on the town council.

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. Links 20/5/2019: Linux 5.2 RC1, LibreOffice 6.3 Alpha, DXVK 1.2.1, Bison 3.4 Released

    Links for the day



  2. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  3. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  4. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  5. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  6. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  7. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  8. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  9. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  10. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  11. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  12. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  13. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  14. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  15. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  16. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  17. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  18. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  19. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  20. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon



  21. Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

    The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty



  22. Links 13/5/2019: ExTiX 19.5 and GNU Radio Conference 2019

    Links for the day



  23. The Microsoft Guide to the Open Source Galaxy

    Thou shalt not...



  24. Microsoft Would Kill the Goose for Money

    Microsoft is just 'monetising' Open Source by using it as 'bait' for Microsoft's proprietary software; those who we might expect to antagonise this have effectively been bribed by Microsoft



  25. Links 13/5/2019: Nanonote 1.2.0, OpenMandriva Lx 4.0 RC, and GNUnet 0.11.4

    Links for the day



  26. Professionally Incompetent EPO Management

    The EPO remains an awful employer, with top-level management largely responsible for the loss of talent and even money



  27. Links 12/5/2019: Linux 5.1.1, GDB 8.3, KStars 3.2.2 Released

    Links for the day



  28. Did Battistelli 'Steal' ~$100,000,000 Euros From the EPO?

    While enjoying diplomatic immunity the thug from CEIPI (who is back at the EPO as a jurist) passed millions if not billions (over the long run) in liabilities; this was done with total and inexcusable impunity, no effective oversight



  29. The Biased EPO Does Not Want to Hear From Anyone Except Those Who Pay the EPO

    The EPO's corruption and violations of the law are a threat to everyone in the world; the EPO only ever listens to those who pay for "access" or those who embrace the "religion" of the EPO



  30. Team UPC Has Run Out of Arguments, So Now It's Just Writing Anti-Brexit Rants With Testicles in the Headlines

    Nothing has worked for firms that crafted and lobbied hard for the Unified Patent Court (UPC); after necrophilia a new low is being reached


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