IRC: #boycottnovell @ Techrights IRC Network: Friday, July 16, 2021

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upc kluwer comments x8 http://patentblog.kluweriplaw.com/2021/07/09/german-fcc-no-preliminary-injunction-against-ratification-of-agreement-on-a-unified-patent-court/#comments

-TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | German FCC: No preliminary injunction against ratification of Agreement on a Unified Patent Court - Kluwer Patent Blog

x8 http://patentblog.kluweriplaw.com/2021/07/10/unified-patent-court-a-lot-closer-after-decision-german-fcc/

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-TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Unified Patent Court a lot closer after decision German FCC - Kluwer Patent Blog

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unlike all the brainwash from team upc

http://patentblog.kluweriplaw.com/2021/07/13/ilo-epo-president-battistelli-abused-his-power-in-restraining-workers-right-to-strike/

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-TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | ILO: EPO president Battistelli abused his power in restraining workers’ right to strike - Kluwer Patent Blog

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EPOman

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JULY 13, 2021 AT 1:30 PM

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Beautiful confirmation of the Battistelli abuses in the EPO.

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However, the big question is what is going to happen next.

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Normally the respective Circulars should be declared null and void and the office should redeem the money charged illegally from the staff. Mr. Battistelli is not in the EPO any more so he cannot be held to account but there are other enablers that could, and should be made responsible. The first matter is legal, the second one moral, so I expect at least the first one to be solved satisfactorily. I´m very curious to see how this plays out …

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Eponia

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JULY 13, 2021 AT 3:01 PM

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Guess why Karlsruhe just rejected a complaint in the UPC proceedings by a company who claimed they could not get a “review” in court. EPO is above the Law, cannot bé brought to court, and the German judges are protecting them.

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Charles

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JULY 13, 2021 AT 4:55 PM

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Justice delayed is justice denied 🙁

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Attentive Observer

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JULY 13, 2021 AT 5:42 PM

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That Napoleon 4th abused his power in various ways should not come as surprise.

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His attacks on staff representatives have also been criticised in various cases before the ILO-AT and Union members had to be re-integrated or restored in their previous salary levels.

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You just have to remember the way Napoleon 4th blatantly disregarded the separation of powers in that he refused a member of the boards to access the building to realise that it was not only in the matter of strikes that his influence was harmful.

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R 19/12 and G 2301/16 led to R 12a-d and to the exile of the BA to the suburbs of Munich (lease 15 years), by which not even the perception of independence of the BA was increased.

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We ended up with a chair of the BA who is no more than a puppet on the strings of the president. Just looking at the saga of Art 15aRPBA and G 1/21 says enough.

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His successor seems even worse in a lot of aspects. He has not contributed to restore social peace at the EPO in the slightest.

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Ironically he has decided with the help of the chair of the BA that the latter BA will come back to Building VIII. But like examiners, members of the BA will not be allocated a specific room, not even a specific desk. Examiners will be pushed into open space offices in order to squeeze as much as possible the few staff members allowed to come into the office.

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With his New Normal he wants an EPO 2.0 without any legal basis in the EPC as it stands. But as this representatives in G 1/21 had the nerve to say that the EPC can be amended by way of secondary legislation as has been shown in G 3/19.

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The next planned budget provides 6 Millions of Euros to get legal advice against the staff!

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All this would not have been possible without the AC’s complicity. The AC should control the president and the tail should not be wagging the dog. But in Eponia everything is possible if the president wants it. But as Mao is meant to have said once: the fish rots from the head! EPO is a superb example of this!

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The Green Goblin

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JULY 13, 2021 AT 8:35 PM

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This is what the then head of the AC and present VP5 thought of the new strike regulations:

https://www.juve.de/nachrichten/namenundnachrichten/2017/12/interview-mit-epa-verwaltungschef-ernst-der-neue-muss-den-frieden-wiederherstellen

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-TechrightsBN/#boycottnovell-www.juve.de | Interview mit EPA-Verwaltungschef: „Der Neue muss den Frieden wiederherstellen” « JUVE

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Attentive Observer

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JULY 14, 2021 AT 3:52 AM

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The worse is that the Chair of the AC in 2016 then became VP 5 Legal and International Affairs when the present head of the EPO took office. In other words, he just wanted a cushy job with a lot of money and perks before retiring for good.

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Similarly, the head of the Hungarian delegation became PD 5 Legal affairs and. for instance, played an obnoxious role during the OP in G 1/21. Rumour has it that he could become the next head of the EPO!

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No wonder the AC is a puppet on the strings of the EPO upper management and that the tail is wagging the dog.

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Both VP5 and PD 5.1 have failed to contribute in the slightest to restoring social peace at the EPO. Both are at the origin of the budgeting provision of 6 Millions of Euros to get legal advice against the staff!

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Poor EPO to have to do with such incompetent people. It is not their competence, and neither that of the past and present heads of the EPO, which brought them in the position they are in. It is nepotism as best as it can be.

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All those people have no idea about the work carried out by those bringing in the money, especially the examiners, but they know best how it has to be done and under which conditions, e.g. 5 years contracts, or open space offices for the few allowed to work part-time on the premises of the EPO. They also know best what form OP should take outside the pandemic. It makes one want to puke.

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Between the tenure of a post in the AC and a job within EPO a cooling off period of two years should be set up. This would correspond to the cooling off period required from former members of the BA once they leave for pension or are not reappointed. Do what I tell you, but do not do what I do. Hypocrisy at its best. But this cannot come as a surprise.

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I am truly worried about the future of all the new representatives recently coming on the list. With the quality steadily going down, not officially, but internal key indicators are more than eloquent in this respect, one wonders what the future of the EP system will be.

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Ooooppppppppsssss

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JULY 14, 2021 AT 3:34 PM

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nepotism? cronyism? abuse of power? abuse of law?

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CORRUPTION?

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Thanks God, nothing of the kind at EPO my Dear.

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Code23

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JULY 15, 2021 AT 1:24 PM

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Circular No 347 – The immense responsibility of the President Campinos.

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While it is true that the unlawfull Circular No 347 was implemented by former President Battistelli, its application to staff was maintained for another three years by President Campinos.

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Mr Campinos took up Office on 1 July 2018. He was immediately informed of the illegality of Circular No 347. At that time, all appeals concerning “strike” were pending internally at the EPO. Mr Campinos had the opportunity to stop this unlawfull circular and prevent the cases from going to the ILOAT.

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In July / September 2019, he decided to reject one by one as unfounded all the appeals concerning “strike”. For example, judgement 3340 indicates: ”By decisions of 16 September 2019, the Vice-President of Directorate-General 4 (DG4), by delegation of power from the President, rejected the appeals as irreceivable and, in any event, unfounded. “

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Reading Circular No 347, one might say: How could this be?

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Indeed, for any European citizen, it is obvious that this circular is unlawfull.

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How could Mr. Campinos not have seen it?

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It should also be remembered that Mr. Campinos is assisted by a team of high-level lawyers.

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Are all these jurists also totally incompetent and fail to see that Circular No 347 is unlawfull?

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The answer is elsewhere.

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Obviously, Mr. Campinos always knew that Circular No 347 is unlawfull.

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He did not stop it because it is a fantatic management tool.

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Circular No 347 gave him the opportunity to implement new unpopular reforms between 2018-2021 without social dialogue and without risking a strike.

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Mr. Campinos is the EPO’s problem, not the solution.

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one of those...

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JULY 15, 2021 AT 6:53 PM

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The question for ILO-AT will be, whether all reforms implemented since introduction of circular 347 are unlawful, as staff was denied their right to strike.

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But with the appeals and complaints rules as they are, ILO-AT will not even start discussing those topics.

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Even ILOAT could not disregard this.

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JULY 15, 2021 AT 3:44 PM

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Revenge is a dish best served cold. After 13 years it should be cold enough now.

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Most of these disgusting and incompetent managers are still at the EPO. Let’s see how cold the plate becomes before we get rid of them at last.

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Attentive Observer

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JULY 15, 2021 AT 10:50 PM

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It is very rare that ILO-AT is deciding as it has done here.

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It is only when the situation is overwhelmingly clear that it will react.

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The ILO-AT is merely checking whether the rules have been properly applied. It will never question those rules.

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In this respect ILO-AT a court to which staff members can address when some measures are against common sense and sanity, but not to decide of the validity of regulations as such. This is the biggest problem staff faces.

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Not only the strike regulations are obnoxious, it is the whole set-up. A career at the EPO is not something just for a few years, but offering only 5 years contracts will not allow to recruit people with some experience. Only offering 5 years contracts is as well a means to keep staff under control. If one tries to say something the risk of being fired is much to high, so that they will keep quite.

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The present incompetent management behaves like in the 19th century. The boss is always right, and with its immunity it thinks it can do what it wants. Immunity does not mean impunity! What those people are doing is playing with the lives and the well being of staff, as if staff would be their servants. This has to stop!

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Attentive Observer

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JULY 16, 2021 AT 8:05 AM

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And not to forget that the tenant of the 10th floor had provisioned 6, in words six, millions Euros in outside legal counseling for acting against staff complaints.

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And such a person should restore social peace?

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It is a joke, but a bitter one!

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