02.06.22

Gemini version available ♊︎

The EPO’s Overseer/Overseen Collusion — Part XXXXIII: A Legal No-Man’s Land

Posted in Courtroom, Deception, Europe, Law, Patents at 3:49 pm by Dr. Roy Schestowitz

Series parts:

  1. The EPO’s Overseer/Overseen Collusion — Part I: Let the Sunshine In!
  2. The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?
  3. The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes
  4. The EPO’s Overseer/Overseen Collusion — Part IV: The Founding States
  5. The EPO’s Overseer/Overseen Collusion — Part V: Germany Says “Ja”
  6. The EPO’s Overseer/Overseen Collusion — Part VI: A Distinct Lack of Dutch Courage
  7. The EPO’s Overseer/Overseen Collusion — Part VII: Luxembourgish Laxity
  8. The EPO’s Overseer/Overseen Collusion — Part VIII: Perfidious Albion and Pusillanimous Hibernia
  9. The EPO’s Overseer/Overseen Collusion — Part IX: More Holes Than Swiss Cheese
  10. The EPO’s Overseer/Overseen Collusion — Part X: Introducing the Controversial Christian Bock
  11. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” – Battistelli’s Swiss Apprentice?
  12. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection
  13. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli’s Iberian Facilitators – Spain
  14. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli’s Iberian Facilitators – Portugal
  15. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…
  16. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper
  17. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc
  18. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki’s Accord
  19. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States
  20. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group
  21. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”
  22. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League – North Macedonia and Albania
  23. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League – Bulgaria
  24. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League – Romania
  25. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League – Fresh Blood or Same Old, Same Old?
  26. The EPO’s Overseer/Overseen Collusion — Part XXVI: A Trojan Horse on the Budget and Finance Committee
  27. The EPO’s Overseer/Overseen Collusion — Part XXVII: Cypriot Complicity
  28. The EPO’s Overseer/Overseen Collusion — Part XXVIII: Benoît and António’s Loyal “Habibi”
  29. The EPO’s Overseer/Overseen Collusion — Part IXXX: The EPOnian Micro-States – Monaco and Malta
  30. The EPO’s Overseer/Overseen Collusion — Part XXX: San Marino and the Perfidious Betrayal of Liberty
  31. The EPO’s Overseer/Overseen Collusion — Part XXXI: The Abstentionists
  32. The EPO’s Overseer/Overseen Collusion — Part XXXII: “Plucky Little Belgium”?
  33. The EPO’s Overseer/Overseen Collusion — Part XXXIII: Swedish Scepticism
  34. The EPO’s Overseer/Overseen Collusion — Part XXXIV: An “Extremely Dubious” Proposal
  35. The EPO’s Overseer/Overseen Collusion — Part XXXV: Slovakian Scruples
  36. The EPO’s Overseer/Overseen Collusion — Part XXXVI: Serbian Sour Grapes
  37. The EPO’s Overseer/Overseen Collusion — Part XXXVII: Stubbornly Independent Slovenia
  38. The EPO’s Overseer/Overseen Collusion — Part XXXVIII: Ensnared in the Tentacles of the SAZAS Octopus
  39. The EPO’s Overseer/Overseen Collusion — Part XXXIX: On the Slippery Slope to Capture
  40. The EPO’s Overseer/Overseen Collusion — Part XXXX: The Idiosyncratic Italians
  41. The EPO’s Overseer/Overseen Collusion — Part XXXXI: Public Service or Self-Service?
  42. The EPO’s Overseer/Overseen Collusion — Part XXXXII: A Parcel of Rogues?
  43. YOU ARE HERE ☞ A Legal No-Man’s Land

“Of course, one consequence of the ability of the EPO’s management to act with impunity is that there will never be any access to TRUE justice for those whose human rights have been violated.”

Anonymous, a few days ago

Staff of international organisations like the EPO
Staff of international organisations like the EPO inhabit a legal no-man’s land.

Summary: The EPO‘s immunity has been exploited by Benoît Battistelli and António Campinos, albeit not without much help from the EPO’s Administrative Council

As a general rule, EPO Administrative Council delegates who become implicated in serious “irregularities” in their home countries can expect to face consequences of some kind – even if the “sanction” may ultimately be nothing worse than a small fine or being forced into early retirement.

“For all practical intents and purposes, international organisations conduct their affairs in a legal no-man’s land where there are a number of factors tending to facilitate and even encourage maladministration and abuse of power.”This is because when operating on their home pitches these officials must comply with the codes of conduct governing the activities of national civil servants and, in this regard, they are subject to a certain degree of public scrutiny.

But – most important of all – in their day-jobs as national civil servants they do not enjoy the privilege of “immunity”.

On the contrary, they are subject to the jurisdiction of national administrative and judicial authorities which operate under the framework of domestic law and are subject to parliamentary oversight and some minimum level of accountability.

“The low level of internal and external oversight combine with a remarkable absence of public scrutiny to create an environment in which there is a pervasive lack of transparency and accountability.”However, the rules of the game change significantly different when we shift to the supranational arena in which international organisations like the EPO operate.

For all practical intents and purposes, international organisations conduct their affairs in a legal no-man’s land where there are a number of factors tending to facilitate and even encourage maladministration and abuse of power.

The low level of internal and external oversight combine with a remarkable absence of public scrutiny to create an environment in which there is a pervasive lack of transparency and accountability.

“Question: how many fundamental rights enshrined in the ECHR can the EPO violate without consequence for the individuals responsible?”

Anonymous, a few days ago

This often results in the system being skewed by “perverse incentives” because those who become implicated in serious maladministration or other wrong-doings seldom – if ever – get called to account or suffer any prejudice to their “career”.

In the case of the EPO, more often than not, such individuals end up being rewarded for their misdeeds. Indeed, they often manage to land lucrative post-retirement sinecures thanks to the EPO’s notorious revolving door and the pan-European "good brother" crony network.

Christoph Ernst from Germany
Some Council delegates like Christoph Ernst from Germany have managed to land lucrative post-retirement sinecures via the EPO’s notorious revolving door.

Martti Enäjärvi and EUIPO
Despite his criminal conviction for credit card fraud in Finland, Martti Enäjärvi enjoyed an impressive post-retirement career as a “Special Advisor” to EUIPO director António Campinos.

In the next part we will consider how the rank-and-file staff of international organisations like the EPO are exposed to the abuses of managers and senior executives for whom “immunity” all too often translates into “impunity”.

“So why do the Member States not only tolerate this situation, but also participate (eg by way of CA/D 2/14) in enabling the abuses of human rights at the EPO? Have they no shame?”

Anonymous, a few days ago

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 26/06/2022: New Stable Kernels and Freedom of the Press on Trial

    Links for the day



  2. Links 26/06/2022: Windows vs GNU/Linux and Mixtile Edge 2 Kit

    Links for the day



  3. Links 26/06/2022: Shotcut 22.06 and More Netflix Layoffs

    Links for the day



  4. IRC Proceedings: Saturday, June 25, 2022

    IRC logs for Saturday, June 25, 2022



  5. This Past Week the Linux Foundation Ran a Massive Misinformation Campaign in Texas and It Paid Media/Publishers to Repeat Lies/Spin

    The so-called 'Linux' Foundation is promoting or defending software patents; to make matters worse, it continues its Microsoft greenwashing campaign, it's openwashing mass surveillance, and it is paying so-called 'journalists' to play along



  6. Richard Stallman Interview Removed by Google (Because He Was on RT)

    Max Keiser spoke to Richard Stallman in the past; one such appearance in RT is reproduced above (all RT shows were removed this year in an indiscernible fashion)



  7. Rogan and Richard Stallman: What Mobile Phones Really Are

    Even a decade ago it was well understood already that mobile phones had become spying devices whose harms gradually outweigh the perceived benefits by a wider margin



  8. Making Gemini Better and Helping It Grow Even Faster

    My viewpoint on how Gemini communities can encourage more people not only to join Geminispace (Gemini has just made it into Linux Magazine) but also to stay there



  9. [Meme] Fireside Chat With EPO Management

    The imposter EPO President António Campinos loves having his scripted “fireside chats” during Christmas; now in summertime he struggles to show any signs of peace because it’s crystal clear that the EPO has set fire to the EPC and work atmosphere is up in flames



  10. The Past Week at EPO, Europe's Most Corrupt Patent Office

    A roundup of this past week’s EPO coverage at Techrights, based mostly on internal documents/publications



  11. Links 25/06/2022: Pitivi 2022.06 and PeaZip 8.7.0

    Links for the day



  12. Links 25/06/2022: EasyOS 4.2 and Arti 0.5.0

    Links for the day



  13. Links 25/06/2022: Games and Security by Diversity

    Links for the day



  14. IRC Proceedings: Friday, June 24, 2022

    IRC logs for Friday, June 24, 2022



  15. Links 25/06/2022: EndeavourOS Artemis and Foundries.io IPO Ambitions

    Links for the day



  16. Links 24/06/2022: GNU PSPP 1.6.1

    Links for the day



  17. [Meme] EPO All Backwards: Are National Delegates and the Administrative Council Just Puppets of the Office They're Meant to Govern?

    Next week the overseeing body of the EPO has a chance to prove it’s no longer subservient to the people it was supposed to regulate and control; it’s all backwards at the EPO, so crime is encouraged (for profit) and never punished for



  18. 2,120 EPO Workers Sign Petition to the National Delegates, Who Can Put an End to EPO Abuses (But Repeatedly Fail to Do So)

    There’s a considerable amount of pushback against António Campinos with his ludicrous policies; staff does not want him or his policies



  19. [Meme] You Cannot Protest Because...

    Mr. ‘social dialogue’ ‘very nice guy’ António Campinos failed to fulfill the peace mission or attain the calm he was assigned to deliver 4 years ago; the EPO is still in a state of crisis, but will national representatives care? Will they bag more bribes for not caring?



  20. EPO Staff at The Hague Complains of New Pressure Tactics and Survey Shows Less than 10% Think Office Policies Serve the EPO's Interests

    With only a few days left before national representatives meet in Munich to discuss the future of the Office it's important to understand that they totally ignore the interests of Europe, the EPO's staff, and science/technology; today we examine the sentiments of people based in The Netherlands, who are exceedingly unhappy about the direction their employer (EPO) has taken



  21. Links 24/06/2022: SLE 15 SP4 and Darkbar 1.0.1

    Links for the day



  22. Links 24/06/2022: Mostly Political Catchup

    Links for the day



  23. IRC Proceedings: Thursday, June 23, 2022

    IRC logs for Thursday, June 23, 2022



  24. Links 24/06/2022: FidelityFX Free Software and a Look at PetaPi

    Links for the day



  25. [Meme] Council Says...

    The Administrative Council of the EPO must be kidding itself if it thought replacing Benoît Battistelli with his friend António Campinos (and his unqualified or unsuitably unqualified friends from Alicante) would set the EPO on a route to improvement



  26. Selected Slides From Technologia's EPO Staff Survey (2022 Compared to Prior Years)

    In spite of the lack of media coverage, EPO insiders (mostly people who have worked at the EPO for quite a while) see the downward spiral in patent quality and they do not trust the management



  27. EPO Staff Survey's Preliminary Results Published (Almost 2,000 Staff Surveyed), António Campinos Less Trustworthy Than Benoît Battistelli at Similar Points in Their Terms

    At long last, after a couple of months in the making, the staff survey of the EPO is out (not the one controlled by EPO management with push-polling and 'trick questions')



  28. Links 23/06/2022: EasyOS Improves Update Process

    Links for the day



  29. Links 23/06/2022: digiKam 7.7 and Tails 5.1.1

    Links for the day



  30. [Meme] Granting Patents Like Mad is Not Productivity (It's Also Illegal)

    Patent granting is down by a quarter at the EPO, so António Campinos — like Benoît Battistelli before him — resorts to terrorising staff


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