08.18.21

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An EPO Administrative Council Exposé — Part XIV: No Great Loss…

Posted in Europe, Patents at 6:45 am by Dr. Roy Schestowitz

Series index:

  1. An EPO Administrative Council Exposé — Part I: A New EPO Balkan Affair?
  2. An EPO Administrative Council Exposé — Part II: A Mysterious Fist-Bumping Masquerade in Skopje
  3. An EPO Administrative Council Exposé — Part III: A Longtime Associate of the Doyen
  4. An EPO Administrative Council Exposé — Part IV: A Party Political Animal
  5. An EPO Administrative Council Exposé — Part V: Sharing Out the Spoils of Public Office
  6. An EPO Administrative Council Exposé — Part VI: A Learned Legal Luminary
  7. An EPO Administrative Council Exposé — Part VII: An Academic Institution With a Political Mission
  8. An EPO Administrative Council Exposé — Part VIII: An Inspector Calls
  9. An EPO Administrative Council Exposé — Part IX: “There Are Indications of a Violation of the Law…”
  10. An EPO Administrative Council Exposé — Part X: A “Fall Guy” For the Deputy Minister?
  11. An EPO Administrative Council Exposé — Part XI: Captured States in the EU’s Waiting Room
  12. An EPO Administrative Council Exposé — Part XII: Captured Delegates on the Administrative Council?
  13. An EPO Administrative Council Exposé — Part XIII: In Good Company…
  14. You are here ☞ No Great Loss…

Emruli and Campinos
Emruli was an unquestioning supporter of Battistelli’s “reign of terror” and he continued to turn a blind eye to the ongoing mismanagement of the Office under the new President, António Campinos.

Summary: Emruli is gone and “EPO staff can now be excused for heaving a collective sigh of relief at his departure.”

The main focus of the present series has been the sudden and mysterious “disappearance” of Safet Emruli from the EPO‘s Administrative Council at the end of 2020.

The casual observer might be inclined to dismiss the misconduct which led to his resignation as a relatively trivial case of “moonlighting” or “double-jobbing”.

But given that he was a graduate of a law school and held an academic teaching position prior to his appointment as Director of the SOIP, there is a legitimate expectation that he should have conducted himself in a more ethical and legally compliant manner. However, the available information indicates that Emruli showed a deliberate and wilful “blindness” to the rules and regulations governing academic appointments in North Macedonia.

“…the available information indicates that Emruli showed a deliberate and wilful “blindness” to the rules and regulations governing academic appointments in North Macedonia.”In any case, the media reaction in support of Gjorgji Ilievski shows that Emruli’s “double-jobbing” did not go down well in his home country – a “captured state” where the lives of ordinary citizens are bedevilled by official corruption and the lack of a functional rule of law, notwithstanding the carefully cultivated democratic façade.

The rank and file of EPO staff are also unlikely to shed any tears over Emruli’s departure from the Administrative Council.

“As far as is known, Emruli – in his capacity as a member of the organisation’s governing body – never once raised his voice in protest against Benoît Battistelli’s excesses.”In this regard it should be remembered that he was a long-serving member of an Administrative Council which tolerated massive and egregious abuses of power and authority on the part of the chief executive of the European Patent Office.

As far as is known, Emruli – in his capacity as a member of the organisation’s governing body – never once raised his voice in protest against Benoît Battistelli‘s excesses.

Battistelli and Macedonia
Emruli is mentioned several times in this 2012 puff piece/PR (warning: epo.org link)

Like most of his colleagues on the Administrative Council, he turned a blind eye while Battistelli and his minions were permitted to conduct internal witch-hunts targeting staff representatives and union officials. As subsequently confirmed by the ILOAT in June 2018, this persecution of staff representative and union officials relied on bogus charges of “serious misconduct” and kangaroo-court procedures that made a mockery of due process.

“And last but not least, let it not be forgotten that Emruli was one of the 28 delegates that voted in favour of Battistelli’s infamous “Strike Regulations” at the 136th Meeting of the Administrative Council in June 2013.”Emruli has written scholarly articles on the importance of judicial independence and the role of constitutional courts in protecting the rule of law, but in his capacity as a member of the EPO’s governing body he failed miserably to apply his theoretical knowledge in practice.

This is clearly demonstrated by the manner in which he voted in favour of Battistelli’s botched “reform” of the Boards of Appeal in 2016.

In this regard, it deserves to be pointed out that the inveterate “double-jobber” at the University of Tetovo also rubber-stamped the imposition of disproportionate restrictions on the post-service employment of former Board members, without any provision being made for compensation due to loss of income.

“In summary, Emruli’s track record as an Administrative Council delegate during the years of Battistelli’s presidency between July 2010 and June 2018 seems to be one of unquestioning “collaboration” with the reign of terror conducted by the Corsican despot and his lackeys.”And last but not least, let it not be forgotten that Emruli was one of the 28 delegates that voted in favour of Battistelli’s infamous “Strike Regulations” [PDF] at the 136th Meeting of the Administrative Council in June 2013.

The crass illegality of those strike regulations was confirmed recently when they were struck down by the ILOAT on 7 July 2021 – after being allowed to remain in force for a period of eight years (!).

In summary, Emruli’s track record as an Administrative Council delegate during the years of Battistelli’s presidency between July 2010 and June 2018 seems to be one of unquestioning “collaboration” with the reign of terror conducted by the Corsican despot and his lackeys.

“Or maybe he was just too busy with his academic “sideline” at the University of Tetovo to notice what was really going on at the EPO…”Emruli’s culpability in this regard is compounded by the fact that, following Battistelli’s departure, he continued to turn a blind eye to the ongoing mismanagement of the Office under the new regime of António Campinos.

Or maybe he was just too busy with his academic “sideline” at the University of Tetovo to notice what was really going on at the EPO…

“…EPO staff can now be excused for heaving a collective sigh of relief at his departure.”Whatever “explanations” Safet Emruli might be inclined to offer for his dereliction of duty on this front, his abject failure to make any positive contribution to the governance of the EPO for over a decade between 2009 and 2020, means that EPO staff can now be excused for heaving a collective sigh of relief at his departure.

It remains to be seen whether or not his successor – Goran Gerasmovski – is capable of doing a better job or whether he will permit himself to be “captured” by Team Campinos – assuming that this is not already a fait accompli!

EPC: The rules are whatever the despot says

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