THE scandals won't end this way. They will only deepen. Earlier this month we showed Carl Josefsson's message, which assured that Judge Corcoran would be allowed back into the Board, in lieu with the ILO's ruling. We then heard all sorts of rumours, some of which were later confirmed.
It is almost 1 week now since the AC discussed (in camera) the case of the suspended judge. Am I the only one to wonder why there is no publicly available information regarding the AC's decision on his status?
There does not even appear to be a report about any aspect of the AC's meeting. If I didn't know better, I would find this highly suspicious.
Dear amba members.
As a consequence of the ilo decisions the committee wrote an email to Carl Josefson [sic] on 8 December 2017 in which it set out its hope that he would be able to influence the Administrative Council at its meeting last week to take a positive view on Patrick Corcoran's reappointment. We met with Carl last Thursday and he informed us that a decision had been taken in the disciplinary case and that, as regards reappointment, due to confidentiality obligations he was unable to provide further information. At present we have no details on what the administrative council decided I. [sic] The disciplinary case. The amba committee regrets that the administrative council did not take a decision to reappoint Patrick Corcoran, as the consequence of this is that the case will continue to be a burden to everyone involved.
The amba committee.
To be frank, I have no idea what the pseudonymous, public comments were. Chances are they were made on this blog, though.
The point that you make about going to a journalist is an important one. However, I am not sure that you appreciate the enormous difficulties (due to the complete lack of independent oversight, the activities of the internal "Stasi" and the draconian disciplinary rules and procedures) that EPO employees face in doing this... or in generating even the smallest scintilla of interest for an "independent journalist" in a story about the EPO.
The topic of the present discussion is a perfect case in point. Apart from an article in the Irish Times - which is understandable in the circumstances - the ILO judgements have received attention only from the usual suspects, that is, a smattering of "specialist" (legal or technical) websites. Why is this?
It is not as if it would be hard for a journalist to independently confirm (eg by reading the Enlarged Board and ILO decisions, as well as the "defamation" actions in Germany and Croatia) important details relating to the present case. Those details would include, for example, official rulings holding that the President has threatened the independence of the EPO's judiciary and that he had a conflict of interest that meant he should never have been involved in the case in the first place.
The journalist could then, for example, speak to Techrights in order to independently confirm that they have received "threats" from the EPO's lawyers that were aimed at "taking down" certain reports about the EPO. They might also make further investigations to establish whether other "publishers" have received similar letters from the EPO's lawyers.
In short, it would be very easy indeed for such a journalist to put together a strong (ie readily defensible) story that contains some "shocking" revelations and that could pose difficult questions for the EPO's management and the AC.
So why is it that no such stories have ever been published in the "mainstream" press? Are we to assume that the world of patents is just too "niche" for the general public to have even the slightest interest in stories that have profound implications for the rule of law in Europe?
"It is however worth noting that there was no firm and public denial by Mr Corcoran of the facts which were held against him."
And that's because the rules introduced by Mr. Battistelli - with the approval of the AC - forbid any individual under investigation to discuss the case with anyone - smart move to isolate the accused person while Mr. Battistelli can talk about "weapons and nazi memorabilia" in the press.
The same applied to the suspended and then fired Staff Representatives.
In EUROPE.