Bonum Certa Men Certa

Too Much to Cover Up at the EPO, the UN, and UN Agencies

Cash cows to their host countries, so infringements of human rights are brushed aside

US Constitution



Summary: The post-Constitution, post-financial transparency, post-human rights phase that's sweeping across the EPO (and the UN) gives room for concern

THE EPO and USPTO coverage from Managing IP has always been biased. Probably intentionally and by design. They know what their target audience wishes to believe and that belief itself can lead to certain outcomes.

"The week in IP" by "Guest author" was published earlier today and spoke of "German organisations’ support for dismissing a UPC complaint," basically alluding to the patent microcosm. At Managing IP, as usual, the vast majority of the text is behind a paywall, so only the patent microcosm can see it and likely won't scrutinise it (preaching to the choir again). Whatever...

Meanwhile, there's this couple of new pages [1, 2] about a former judge at the German Federal Constitutional Court (FCC). He doesn't think the UPC should even get off the ground and as someone put it earlier today or last night at IP Kat comments:

A speech and an article by Prof. Dr. Siegfried Broß, former judge at the German Federal Constitutional Court of Karlsruhe.

Both documents also deal with the employment situation of staff members of international organisations. They are a available in English and in German.

The speech: "European Patent Convention, Unified Patent Court and the German Basic Law" https://www.cohausz-florack.de/en/mehr/blog/article-en/news/detail/News/european-patent-convention-unified-patent-court-and-the-german-basic-law/

The article: "The modern constitutional state becomes a farce" https://www.cohausz-florack.de/en/mehr/blog/article-en/news/detail/News/the-modern-constitutional-state-becomes-a-farce/


We maintain our assertion that Team UPC is either totally deluded or deliberately lying. Whichever it is, that's bad. It harms their credibility and reputation.

There's another interesting new comment on an article we wrote about last night, having covered the matter twice about a month ago [1, 2]. Germany's cash cow at the EPO continues to raise questions.

Patently Transparent wrote:

There were some interesting comments about this matter in a publication issued by SUEPO in December 2017.

“To their credit, the German delegate (and Head of the German Patent Office) in the Budget & Finance Committee objected: “We have submitted the proposals to the Federal Court of Auditors. Their assessment is that the risk is too high. Capital preservation should be in the foreground. First, one should move closer to the RFPSS guidelines. Provision should be made for cumulative risk of default. Sanction mechanisms should be provided. Under g) in the RFPSS guidelines, there is a list of approved and unauthorized instruments of investment. We cannot agree today. If contracts with the fund managers existed, we may be able to decide otherwise, but not yet today.” (Translated from German, not verbatim)

Several Delegations (IE, IT, DK, UK, NO, CZ, HU, SI) and the staff representatives, too, voiced substantial concerns and called for prudence and strict governance. In the end, out of 32 delegations, 6 voted against, 2 courageously abstained – the rest (24) voted in favour (Italy requested a secret the vote with the apparent aim to prevent possible retaliation from Battistelli; So we do not know who voted what).

So much for transparency, prudence and financial accountability.

We wish Mr Ernst, the German Chair of the Administrative Council, good luck in explaining this fiasco to his own government and to the German Federal Court of Auditors.”

Those who are interested in following up the story could consider trying to obtain a copy of the opinion of the German Federal Court of Auditors, e.g. by making a freedom of information request.


Albertine replied: "Indeed, the question can also be summarized with “Cui bono?”. This is an eternally revolving question and will not be answered properly until the concept of “glasnost” is introduced in the operating rules of the EPO. Without transparency, operations involving billions in a context of a questionable governance will always give rise to suspicions."

We'll probably revisit it in the future. There seems to be more urgent matters where lives of people and entire families (not just money) are at stake.

Days ago we saw some coverage about the International Labour Organization’s Administrative Tribunal (ILOAT) protecting Battistelli, rendering itself almost complicit in alleged corruption (or coverup thereof) and violations of human rights. Earlier today WIPR wrote about that as well. To quote:

The International Labour Organization’s Administrative Tribunal (ILOAT) dismissed a series of complaints against the president of the European Patent Office (EPO), Benoît Battistelli, in its 125th session, held in October and November last year.

One of the dismissed complaints had been filed by Elizabeth Hardon, a former chairman of the Staff Union of the European Patent Office (SUEPO).

In May 2012, an EPO employee committed suicide. The Munich section of SUEPO sent a letter to Battistelli requesting an independent investigation into the circumstances that may have contributed to the suicide.


For ILOAT to become defensive of Battistelli's abuses makes sense. In a way...

I once received some UN leaks showing similar abuses inside the UN itself (not just WIPO, where Battistelli nearly became the chief). We might get around to releasing these one day (source protection is an issue as it would become perfectly obvious who it concerns). We have just made contact with the source, primarily in pursuit of approval (for publication). For the time being, think of ILO/UN to EPO accountability along the lines of Gurry (WIPO/UN) to Battistelli accountability. Oh wait...

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock