Bonum Certa Men Certa

Battistelli Wants to Make “Lobbying in the Field of European and Unitary Patent” a “Prohibited Activity” for All Except Himself

Totally drunk on power, Battistelli is now trying to ban more people from speaking

Wine
Battistelli's alleged infatuation with the French wine industry (to be covered at a later date) gone too far?



Summary: Benoît Battistelli's globalist/internationalist ambitions (in practice a servitude to large multinational corporations) defended or shielded using the widely-discredited roadmap in CA/98/15

THE MANAGEMENT of the EPO -- and Benoît Battistelli in particular -- loses faith even among its 'customers', or representatives such as AIPPI and EPI. It means that the management is left with almost no allies, only foes or perceived enemies (a consequence of the management trying to brutally crush its critics, even reporters).



A reader who is intimately familiar with the EPO sent us a detailed explanation of the current situation. This relates to what we previously showed (with very extensive proof) about suppression of free speech or diversity of opinions inside the EPO. "Some observations about CA/98/15" is what our reader called it, alluding to the document responded to by AIPPI and EPI (we posted their letters earlier this evening). Here is what our reader wrote:

The document CA/98/15 has been discussed a lot recently in IP circles.

For example:

http://ipkitten.blogspot.com/2015/12/boards-of-appeal-tell-ac-we-were-never.html

A copy of the document itself can be found here:

http://eplaw.org/document/epo-ca9815/

It's Battistelli's proposed "roadmap" for the planned reform of the Boards of Appeal.

Section IV.C deals with the topic of "conflict of interest" situations and refers to "the need to avoid real or apparent conflict of interest situations, including in post-service employment".

Amongst other things, it contains a proposal for a "cooling-off period" with restrictions in post-service employment for staff who leave the EPO.

Paragraphs 38 and 39 deal with "prohibited activities".

According to paragraph 38 "the scope of prohibited activities should be so defined as to ensure that knowledge gained while in service may not be used to the advantage of private interests, considering notably the risk of impairing equality among users of the public service rendered by the Office".

Paragraph 39 states that "the activities covered by the cooling-off period would be thus primarily those closely related to the Organisation’s core mandate, e.g. patent granting activities or lobbying in the field of European and Unitary Patent".

This is very interesting because here the President is basically telling the Administrative Council that "the Organisation’s core mandate" includes not only patent granting activities but also "lobbying in the field of European and Unitary Patent".

This seems to be complete nonsense because Article 4(3) of the European Patent Convention states the following:

"The task of the Organisation shall be to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council."

http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar4.html

The "core mandate" of the EPO is the granting of European patents - full stop.

There is nothing in Article 4 or anywhere else in the EPC about "lobbying in the field of European and Unitary Patent".

So - apart from perhaps unintentionally revealing Battistelli's own internal mindset about these matters - what is the rationale behind the attempt to present "lobbying in the field of European and Unitary Patent" as part of the "core mandate" of the EPO?

I did some research and found out the following:

A former Vice-President of the EPO was a gentleman by the name of Manuel Desantes Real who is a Spanish professor of law at the University of Alicante:

http://www.ir-facility.org/manuel-desantes

http://www.asipicartagena2015.com/en/users/manuel-desantes

Prof. Desantes was the Vice-President of Directorate-General 5 (Legal and International Affairs) of the EPO between 2001 and 2008.

Since leaving the EPO in 2008, Prof. Desantes has been quite active lecturing and publishing articles and commentaries about Intellectual Property matters.

One of his favorite topics is the Unitary Patent.

http://conflictuslegum.blogspot.com.es/2013/04/manuel-desantes-el-tribunal-de-justicia.html

https://www2.uni-hamburg.de/fachbereiche-einrichtungen/fg_ta_med//aktuell_is/esf/desantes_manuel_esf_hh2014.pdf

http://ipkitten.blogspot.com/2015/03/the-eu-patent-package-dangerous.html

http://sms.cam.ac.uk/media/1906853

Not only has he lectured and published on this topic, he was also involved in the legal challenges mounted by Spain before the CJEU.

"Professor Manuel Desantes (University of Alicante, Spain) presented Spain’s second legal challenge before the CJEU after the Opinion of the Advocate General Mr. Ives Bot in Case C-146/13 Spain v Parliament and Council. Professor Desantes underlined the inconsistency of the Opinion and noted that, although both a Unified Patent Court (UPC) and a European patent with unitary effect are certainly needed, it should be done on the foundations of a robust system. The unitary patent protection system is not robust enough in its current state, Desantes argued.

"In his view, the shortcomings are: the mix of EU and International Law procedures, the vague concept of “enhanced cooperation” in the Unitary Patent Regulation and the presupposition of economical aspects."

https://qmjip.wordpress.com/2015/01/20/preparing-for-the-unitary-patent-package-event-review/

Now, as can be seen from the above, Prof. Desantes is not an opponent of the general idea of a Unitary Patent. He takes the position that "a Unified Patent Court (UPC) and a European patent with unitary effect are certainly needed" but he sees some shortcomings in the current proposals.

So he takes what could reasonably be called "a critical stance" and tries to stimulate an informed public debate about what he sees as the defects in the current proposals. That sounds reasonable enough and it's hard to see how anybody could object to that.

However, from what I have heard, it seems that Prof. Desantes' "post-service" activities since leaving the EPO have greatly irritated Battistelli.

He seems to consider such activities as trespassing on what he incorrectly claims to be a "core mandate" of the EPO: "lobbying in the field of European and Unitary Patent".

It seems that Battistelli is keen to claim his own personal monopoly on such activities and would like to find a way to muzzle critical "insiders" like Desantes when they leave the EPO. He apparently objects to anybody who makes efforts to express "critical views" and/or stimulate informed public debate about these matters.

As far as I can work out, this seems to be one of the key motivating factors behind the proposed restrictions in post-service employment which are discussed in CA/98/15.


We hope that more of our sceptics may, in due course, realise why we have been worried about the Unitary Patent all along (even in previous incarnations when it was given other catchy titles). Its only big fan is Battistelli and Battistelli has virtually no fans; there are only many people who are afraid of Battistelli, who now acts like a lunatic dictator and throws a fit at any opposing view. We will continue to write about the Unitary Patent/UP/UPC in conjunction with coverage about systematic gagging of Battistelli's critics. There is a class war going on at the EPO and it's clear whose class Battistelli belongs to (it's certainly not the European SMEs' class).

Recent Techrights' Posts

Microsoft Lacks a Solid Strategic Plan Other Than Buying Its Own Stock (and Paying Staff in Shares)
Beware and be cautious of bubbles
Microsoft's Chatbot Strategy Resulted in Massive Losses, So Now It's Trying to Reinvent Itself as 'Hardware Company' (Once Again, Years After XBox, KIN, Windows Phone and Surface Failed Miserably)
revenues associated with Windows has fallen sharply
 
Microsoft's Pearls of Wisdom: Layoffs Are Growth
Microsoft boss: layoffs are "long-term growth."
[Meme] Hide the Bodies
hiding EPO's role in funding Lukashenko
Josef Kratochvíl and All the European Patent Organisation's Chiefs (at the Administrative Council Too) Notified That Over 1,000 Members of Staff Demand Action on Patent Quality and Compliance (Industry Too is Alarmed That Many Invalid Patents Get Granted)
Huge corruption
Debian trademark canceled
Debian trademark canceled
Links 23/02/2024: Feed Aggregator and 2 Years of Invasion, Alexei Navalny’s Mother Blackmailed
Links for the day
Gemini Links 23/02/2024: Getting 'Sick' of Modern Tech and Deletion of One's Reddit Account
Links for the day
Links 23/02/2024: 227 Microsoft Layoffs Noted in Santa Clara and Disaster in Rivian
Links for the day
IRC Proceedings: Thursday, February 22, 2024
IRC logs for Thursday, February 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] It's NOT Your PC
losing control of hardware
Gemini Links 22/02/2024: Removing Radio Ads and Being Seen on the Internet
Links for the day
Mark Shuttleworth and the Question of Liability (Debian Volunteers He Pressured Before the Suicides)
Humanity for me
Mark Shuttleworth's (MS) Canonical Running Microsoft (MS) Ads, Mischaracterising Mass Surveillance as 'Confidential' (the Usual Lie)
The money talks, so the facts are absent
Ads as 'Articles'
Money buys perception manipulation (or reputation laundering) campaigns
Abraham Raji & Debian, DebConf kayak death: search abandoned, evading liability
Reprinted with permission from Daniel Pocock
Links 22/02/2024: Chatbots Failing 'Big Time' and More Condemnations Appear of Bill Gates
Links for the day
There May be Close to 100,000,000 Laptops and Desktops Running GNU/Linux Around the World in 2024
hard to track the number
Search Engine Market Share Worldwide Shows How Badly Microsoft's Chatbot Strategy (Hopes) and Vapourware Have Failed
Bing, which was marketed as the forefront "product" for chatbots (Microsoft paid the media a lot of money for hype campaigns), gained nothing at Google's expense
[Meme] Demoralising and Putting Down Your Staff
unproductive and dangerous approach
This Week's Letter to António Campinos About Mean-Spirited Line Managers at the European Patent Office (EPO)
Seems like a way to get rid of staff. Some will resign in anger.
Software in the Public Interest (SPI) & Debian obfuscated structure fooled suicide victim's family: the ultimate example of bad faith
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 21, 2024
IRC logs for Wednesday, February 21, 2024
Gemini Links 22/02/2024: What We Pass On and HTTP Header Viewer
Links for the day
Manuel Estrada Sainz (ranty), Andres Garcia (ErConde) & Debian Deaths overworking
Reprinted with permission from Daniel Pocock
GNU/Linux Rising to 8% of Desktops/Laptops in Jordan?
what statCounter shows
[Meme] If Iraq Launches an Investigation Into How Microsoft Bought OpenAI Without Paying for It
fake "money" from Microsoft
Windows Has Fallen to 13% Market Share in Iraq (It was 100% Just 15 Years Ago), GNU/Linux Rose Sharply in Recent Years
In recent years Iraq was developing its own GNU/Linux distro
Springtime is Next, Here's What We Plan for March and April
This month and next month we expect to publish something unique about EPO abuses every day
Studying the Freedom of firefox-123.0.tar.bz2
The "F" in Firefox
Abraham Raji, Jens Schmalzing & debian-private cover-ups after deaths, accidents, suicides
Reprinted with permission from Daniel Pocock
Microsoft Bribes, Keeping Regulators at Bay
crime and corruption
[Meme] The Quotas Came From Above
EPO targets
EPO Talent Planning & Architecture is Another Attack on EPO Staff and the Central Staff Committee (CSC) Explains Why
ignore the flowery words
[Meme] Just Following Orders From "The Fu**ing President" António Campinos
Salary? OBEY!
Links 21/02/2024: China Working on West-less Tech Future, More Bounties on Patent Troll Leigh M. Rothschild (Which IBM et al Failed to Dismantle at the Root)
Links for the day
Links 21/02/2024: Encryption Backdoors Deemed Not Legal, Decentralised Web Under Attack
Links for the day
Games:Steam Audio as Free Software, Hazard Pay, ChipWits, and More
7 stories for today
Julian Assange, Wikileaks & Debian-private
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 20, 2024
IRC logs for Tuesday, February 20, 2024
Links 21/02/2024: Microsoft Sued for Monopolistic Policies, More Layoffs Planned for Next Month
Links for the day