Bonum Certa Men Certa

Ousting of Benoît Battistelli Next Week Seems Feasible, But Jesper Kongstad Protects Rather Than Supervises Battistelli

Another fine demonstration of the farcical state of affairs at the EPO, where Battistelli is 'overseen' by his lapdog

Battistelli and Kongstad



Summary: The latest developments that are going on behind the scenes and may soon culminate in removal of the EPO's immunity, if not the ousting of Battistelli and the "swamp" he brought with him as well

OUR original article about Bert Koenders (his strong words for the EPO) has received a lot of attention, including some from the Dutch media. Koenders is not just some ordinary Dutch politician -- many of whom complain about the EPO too, notably John Kerstens -- as Koenders is the Dutch Minister of Foreign Affairs. Other top officials have already lashed out at the EPO and who can forget Battistelli evacuating a meeting with one of them?



We have just caught up with this comment that says: "Here is a copy in english of the Letter from the Dutch Ministry of Foreign Affairs, Minister Bert Koenders, dated 23 February 2017 to the Chair of the House of Representatives. about the conversation with the Vice President of the EPO."

This links to SUEPO, which earlier today wrote:

Letter from the Dutch Ministry of Foreign Affairs, Minister Bert Koenders, dated 23 February 2017 to the Chair of the House of Representatives.

The original letter is in Dutch. Translations in English, German and French are available.


Here is SUEPO's English translation:



Ministry of Foreign Affairs

To the Chair of the House of Representatives Binnenhof 4 The Hague

Bezuidenhoutseweg 67 2594 AC Den Haag Postbus 20061 The Netherlands www.rijksoverheid.nl

Our Reference 4ZKWPA3M5U6C-3-15307 Your reference 14-12-2016 DPG1 Appendix/Appendices 0

Date 23 February 2017 Re. Conversation with Vice President of European Patent Office

Dear Chair,

I hereby inform your House, in accordance with my commitment in the general meeting of the standing committee on Foreign Affairs regarding diplomatic immunity on 14 December 2016, of my conversation with Mr Minnoye, Vice President of the European Patent Office (EPO), which took place on 30 January 2017.

Part of this conversation was about the ruling of the Supreme Court on 20 January 2017, in which the immunity of the organisation was confirmed. The Netherlands respects the immunity of the EPO, along with the other intergovernmental organisations that are based here. This immunity does not prevent the host country from entering into conversation with the management of the EPO regarding the continuing unrest between the management and staff at the EPO. Particularly now that this unrest has become part of public and political debate.

In this context, I informed Mr Minnoye that the internal unrest has been going on for too long and that the situation now needs to improve quickly. In order to make a rapid start to restoring trust between the management and staff, the proposal is to resume constructive social dialogue and to introduce a number of trust-building measures in the very short term, based among other things on the Social Study:

- Including external parties in the internal complaint procedure, so that this procedure is experienced as impartial and independent by the staff;

- Reconsideration of the disciplinary measures implemented with respect to certain trade-union members.

Finally, on the basis of my host-country responsibility, I indicated that the EPO can call on the host country when it comes to support for initiatives that contribute to ending the current situation of unrest.




Our Reference STPS5HHCFWEY-7-88383

Mr Minnoye indicated that attempts are currently being made to commence a positive dialogue with the staff in various ways. As an example, he cited the townhall meetings that recently took place. Vice President Minnoye expressed the hope and expectation that the organisation will be entering calmer waters soon.

I stated that I share this hope, but added an important note: If there is no clear improvement in the industrial relations within the EPO in the short term, I see no other option but the discussion of the situation at a high political level with the member states of the European Patent Organisation.

I will continue to monitor this dossier closely in accordance with the host-country responsibility and will continue to urge Vice President Minnoye to improve the situation within the EPO.

The Minister of Foreign Affairs,

Bert Koenders


With just 5 or so days before the Administrative Council gathers things are heating up again. SUEPO has taken note of this morning's article titled "Euro nations push for vote to axe Europe's patent office president" (from The Register).

The Chinchilla Man of the Council, Jesper Kongstad, is trying to save his master, whom he was in theory supposed to master. Here are a couple of portions from the report:

European governments have finally had enough of the head of the European Patent Office, Benoit Battistelli, and are pushing for a vote that could turn him into a lame duck president.

The EPO's Administrative Council is due to meet in Munich next week and on the agenda is a discussion over the appointment of a new president of the EPO.

In particular, the council is due to discuss publication of a vacancy notice for the job – something that would start the ball rolling on finding a successor to Battistelli in July 2018, and would immediately limit his ability to force through changes.

Although the agenda point is labeled "opn" rather than "dec," meaning that only discussion will take place rather than a vote and a decision, chair of the council Jesper Kongstad has already leapt into action, insiders tells us, in an effort to undermine the effort to oust Battistelli.

[...]

That difference between 50 per cent and 66 per cent is the only thing that is keeping Battistelli in office. There have been repeated efforts by some European countries to pressure Battistelli to back down on his aggressive reforms at the EPO, and his intimidation and – critics argue – persecution of those who have stood up to him. But it has never been possible to get a majority of the council to vote him out.


Some people have blamed this on dirty tactics from Battistelli, who must feel rather God-like about it, as long as he is protected from the law and exempted from his own rules.

An interesting comment on the above says: "What if the council were to first propose a vacancy for the chairman ?"

Battistelli's departure would certainly not be enough as the whole Organisation (especially at the top) has been thoroughly compromised. "Bring back Madame la Guillotine!" is the comment from one anonymous person, to which to reply was, "I've got a list."

Recent Techrights' Posts

GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
 
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day