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

The Best Interface is Outdoors, It's Nature!
Not everything should be replaced by or emulated by digital devices
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
On Losing the Job at Google After Talking About Committing Acts of Violence Against Colleagues
We still have a highly toxic element trying to enter and fracture our community
 
Modern spyware and the problems of "Discord newspeak"
The history of modern instant messaging...
Links 09/09/2024: More Trash Balloons and Collapse of Real Estate Market in China
Links for the day
Gemini Links 09/09/2024: ROOPHLOCH and More
Links for the day
Wrong Priorities at IBM
Lavish spendings on a 16-year contract for the most expensive place while firing tens of thousands of staff
Links 09/09/2024: LLMs Manipulated to Lie, More Corruption Found in COVID-19 Contracts
Links for the day
Terms of Service (TOS) Under Scrutiny - Part XVII - A Personal Perspective
The bottom line is, it's possible to reduce (albeit not entirely eliminate) how many things one signs, presses "OK" on and so on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 08, 2024
IRC logs for Sunday, September 08, 2024
Always Taking Things Up a Notch
Nothing will stop us
[Meme] EPO Keeps Masking Its Corruption With "Diversity and Inclusion" (Hiring the Wife of a Friend of Someone Who Bribed His Way Into EPO Presidency)
chain of nepotism
Very Large EPO Applicants Now Threaten a Boycott of the EPO (the EPO Management is Trying to Bribe Them to Change Their Plans/Minds While Hiding It From Staff)
If corruption prevails to this extent, it will have severe international effect
Gemini Links 09/09/2024: Gemini Application Developer Guide and ROOPHLOCH 2024
Links for the day
Links 09/09/2024: 'Dieselgate' Criminal Trial Starts Late, Mass Layoffs at Volkswagen
Links for the da
[Meme] Patent Monopolies as Bribes at the European Patent Office (EPO)
bloggers who report crime are being threatened with lawsuits by several law firms hired by the EPO to cover up crimes
New EPO Letter Expressing Concerns About EPO Violating Its Charter, Clearly Violating Rules (Possibly Bribing Siemens With Monopolies) and Granting Loads of Fake Patents to Make More Money
Why does the EU tolerate the EPO's crimes and how much longer will this go on for?
NIST is Threatening to Sue You With Patents on Mathematics (That Aren't Even Legal in the First Place) If They Don't Like You
They're asserting monopolies on mathematics
[Meme] EPO 'Hush Money' to Companies That Point Out EPO Breaks the Rules
A bribed doorman: "We have patent examiners, but if you say the right words, we'll bypass them for you"
Gemini Links 08/09/2024: WebDAV, OpenBSD, Pocket Reform, and More
Links for the day
Links 08/09/2024: Super Typhoon and Lots of Climate Journalism
Links for the day
Certificate Authorities (CAs) Are Serving the Authorities, Not You
The centralised CAs "model" is not working
Rage in the Propaganda Machine
There has never been a better time to quit social control media
The Free Software Movement Must Not Assume That Truth and Science Always Win
Sometimes the bad people and the liars get ahead
Peter Eckersley and 'Afterlife'
It's better to look after one's health at present than to pursue all sorts of perceived 'insurance' policies
Terms of Service (TOS) Under Scrutiny - Part XVI - When Radio is No Longer "Read-Only" (Listening Mode) Because Someone Listens and Sells Your Data
Who would want to put up with this?
Terms of Service (TOS) Under Scrutiny - Part XV - "Zoom's terms of service change sparks worries over AI uses" (and More)
Then they wonder why users get all grumpy?
redhat.com is Promoting Revisionism and Lies Regarding the Origin of the Term "Open Source"
debunked many times before
Software Patents Against GNU/Linux Again
Patent extortion against OpenShift and Red Hat Enterprise Linux
IBM is Cutting - Almost in Half - Its Office Space in Austin, So Expect Many Layoffs (RAs)
IBM reduces office space by 187,00 square feet or 37%
IRC Proceedings: Saturday, September 07, 2024
IRC logs for Saturday, September 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2024: Self Hosting (Not "CLOUD") and Site Reliability Engineering
Links for the day
They Used to Say Avoid Nginx (or NGINX) Because It's Russian. Now You Can Say Avoid It Because It's Microsoft.
Thankfully we quit using NGINX when we shut down our HTTP proxy for Gemini
Instead of Telegram People Should Use Free Software (Telegram Was Always Unsafe for Use)
"Modern" so-called 'smart' 'phones' are compromised at the OS level or baseband side
The Arrest of Pavel Durov is Changing Telegram
Remember that Telegram's founder, who is also French, cannot leave France until he satisfies those who detained him
The Growth of GNU/Linux is Now a Mainstream Topic With Widespread Awareness
We can do less counting (of baskets and eggs) and more advocacy
Techrights is a Demonstrably Popular Site, Reporting Suppressed Facts. Those Vouching for Its 'Unpopularity' Express a Desire Rather Than a Condition or a Fact.
Our 100% source protection record will hold up
John Pilger's Site Relaunches, Wikileaks' Site Has Not Been Updated in Years
We have long hoped that, more so after the release of Assange, Wikileaks will have some kind of "relaunch" or recovery
A Terms of Service (TOS) Notion of "Consent"
We're well past the true notion of real consent
Terms of Service (TOS) Under Scrutiny - Part XIV - Zoom the Beast
breakdown of the Zoom TOS and corresponding privacy statement
Links 07/09/2024: Qualcomm May Buy Parts of Intel, YouTube Deletes Channels for the US Government
Links for the day
No, Mastodon is Not Growing, Social Control Media is Generally Waning
Our sister site pulled the plug on the whole thing over a year ago, seeing it was mostly a source of online abuse
A Loss for Fake Security, a Win for Net Autonomy
Crucifixion of domains has been ramping up this past week; it's a cautionary signal
Links 07/09/2024: UK Police Raid Journalist's Home, Epoch Times Setbacks, and Karma
Links for the day
FSFE: Donate to Us to Co-Fund With Microsoft the Unpaid Underage Labour, YH4F
Latest from FSFE
Links 07/09/2024: China's Financial "Bond" to Africa and Attempts to Postpone Trump Criminal Cases
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 06, 2024
IRC logs for Friday, September 06, 2024
linuxsecurity.com is Still Spamming the Web
This is not harmless to Linux and it definitely merits a shun
Gemini Links 07/09/2024: Freedom in Bareness, Reactions in Addictive Social Control Media
Links for the day