Bonum Certa Men Certa

António Campinos, With Diplomatic Immunity, Continues Breaking the Law by Granting Patents the EU and EPC Forbade

Like father, like son (and grandpa): Immunity of the Intellectual Property Office of the European Union Causes Outrage in Spanish Media

The unequal fight
Source: Yesterday's tweet



Summary: The EPO shows how immunity leads to crimes being committed with total impunity; at this point the EPO's immunity must be removed and judges should be permitted to do their job, which is enforcing the law

THE European Patent Office (EPO) breaks the law every single day.



It may sound crazy until one grasps the concept -- however illogical -- of immunity. Battistelli was never held accountable for his crimes, including the Benalla affairs. António Campinos knows that he too is immune. He can do anything he likes!

Come again?

"Who holds the EPO accountable? Nobody! Not even judges. Not even the highest court in the same city as the ICC!"Yes, it's true!

This is why we end up with staff being bullied, people dying without an investigation (on EPO premises), and ridiculous patents such as software patents get granted in Europe in violation of direct instructions from elected politicians who are there to represent us. Who holds the EPO accountable? Nobody! Not even judges. Not even the highest court in the same city as the ICC! Even after determining that the EPO did, in fact, break the law!

Just reposted by Haseltine Lake Kempner LLP was this piece about patents on brews or their ingredients (close to patents on recipes!) and IAM, the megaphone of the EPO, mentioned the illegality of it. "Naturally obtained plants and seeds should not patentable say MEPs," but the EPO illegally grants patents on these anyway (because it's run by unaccountable thugs). Here's the whole relevant section:

Naturally obtained plants and seeds should not patentable say MEPs – Members of the European Parliament passed a non-legislative resolution that fruit, vegetables or animals obtained from conventional breeding processes, such as crossing, must not become patentable because open access to plant material is essential to the innovation and competitiveness of the agricultural and horticultural sectors. The decision was made against the background of a recent controversy concerning EPO president Antonio Campinos’ request for the office’s Enlarged Board of Appeal to reconsider its ruling that such inventions can be protected.


But the Enlarged Board of Appeal is largely controlled by him and his Office. That's like a principal at a school reprimanding a boy through a parent.

"Remember that nobody at the EPO's top-level management -- not even a single person -- has been held accountable."In any event, one day (sooner or later) the whole thing will come tumbling down, an avalanche of invalid patents that are rejected en masse like patents on life were (a few years ago). Sooner or later the Administrative Council won't be able to defend this. Sooner or later the public too will rebel, seeing that the EPO gives patents (i.e. monopoly) on treating cancer. This helps nobody, but the EPO has also given awards for such notorious patents. Yesterday we saw this new press release about an opposition being filed:

Cantargia AB today announces that an opposition has been filed against one of the European patents in Cantargia's patent family covering antibody therapy in solid tumors. The patent, with number EP3020730B1, confers protection for e.g. IL1RAP targeted antibodies in tumor forms not already covered in the European mother patent, which was granted in 2016. The current opponent, Mab Discovery GmbH, also filed an opposition against the mother patent in 2016. That opposition was unsuccessful and the mother patent, valid until 2032, remains in force after the opposition proceedings were concluded in 2018.


As we explained earlier this week, the task of assessing oppositions has been encumbered by a soaring number of filings, limiting the ability to handle these properly. It's the same problem with appeals (backlog exceeding 10,000 cases!), but law firms don't seem particularly bothered. An article by J A Kemp, just boosted by Mondaq, focuses on the EPO (re)arranging the seats on the Titanic's deck:

The EPO has recently revised the Rules of Procedure of the Boards of Appeal (RPBA)[1]. The revised RPBA will come into force on 1 January 2020. The revisions are fairly extensive, and are primarily concerned with harmonising the practices of the various different Boards of Appeal. The EPO is also hoping that the changes will increase the overall efficiency of the appeal procedure. Many of the changes may require users of the European patent system to modify their day-to-day practice, both during first instance proceedings and in subsequent appeals.

[...]

The efforts to codify many aspects of Board of Appeal practice currently governed by the case law are very welcome, and will hopefully result in the various different Boards of Appeal taking a more consistent and predictable approach. Further, the Boards of Appeal are sending a message that parties should present their entire case as early as possible during proceedings, and should not expect to have changes to their case admitted later in proceedings as a matter of course.


Notice how nothing at all has been done to restore judges' independence. Nothing. So in effect the EPO remains an unaccountable entity which grants -- through precedented pressure on examiners to break the law -- illegal patents. Preventing this from happening at an individual level would be career suicide. The only way to properly deal with this deadlock is to remove/strip the EPO's immunity, holding the management legally accountable. Remember that nobody at the EPO's top-level management -- not even a single person -- has been held accountable. One of them even opened a private business in Zagreb.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024