Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc

Series parts:

  1. The EPO's Overseer/Overseen Collusion — Part I: Let the Sunshine In!
  2. The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?
  3. The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes
  4. The EPO’s Overseer/Overseen Collusion — Part IV: The Founding States
  5. The EPO’s Overseer/Overseen Collusion — Part V: Germany Says “Ja”
  6. The EPO’s Overseer/Overseen Collusion — Part VI: A Distinct Lack of Dutch Courage
  7. The EPO’s Overseer/Overseen Collusion — Part VII: Luxembourgish Laxity
  8. The EPO’s Overseer/Overseen Collusion — Part VIII: Perfidious Albion and Pusillanimous Hibernia
  9. The EPO’s Overseer/Overseen Collusion — Part IX: More Holes Than Swiss Cheese
  10. The EPO’s Overseer/Overseen Collusion — Part X: Introducing the Controversial Christian Bock
  11. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?
  12. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection
  13. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain
  14. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal
  15. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…
  16. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper
  17. YOU ARE HERE ☞ The Non-Monolithic Nordic Bloc


Jesper Kongstad and his deputy Anne Rejnhold Jørgensen
The Danish representatives: Jesper Kongstad and his deputy Anne Rejnhold Jørgensen



Summary: We start our investigation of how countries in northern Europe ended up voting on the unlawful "Strike Regulations" at the EPO and why

In this part we turn our attention to the delegations representing the EPO's Nordic states and look at the positions that they took on Benoît Battistelli's "Strike Regulations" in June 2013.



To begin with, it's worth noting that three of these states - namely, Denmark, Norway, Iceland - have established a regional body called the Nordic Patent Institute (NPI) for the purpose of promoting collaboration in patent-related matters, in particular in the area of the Patent Cooperation Treaty (PCT) administered by WIPO in Geneva.

The establishment of such a regional institute was first mooted at a meeting of the Nordic Council of Ministers in September 2003. This led to the publication of a "Feasibility Study on the Establishment of a Joint Nordic PCT Authority" in September 2004 which proposed various models for co-operation.

"Such fundamental divergences of opinion among the Nordic delegations commonly occur in relation to EPO affairs. Each delegation tends to follow its own line and they rarely, if ever, achieve an overarching consensus or act as a monolithic bloc."However, when discussions started, no consensus could be achieved on the question of which model should prevail. This led to Finland and Sweden backing out of the discussions and, to this day, they remain outside the NPI.

Such fundamental divergences of opinion among the Nordic delegations commonly occur in relation to EPO affairs. Each delegation tends to follow its own line and they rarely, if ever, achieve an overarching consensus or act as a monolithic bloc.

Back in June 2013, the Administrative Council was chaired by the head of the Danish delegation: Jesper Kongstad, a figure who needs no introduction to readers of Techrights.

"...it is rumoured among EPO insiders that Battistelli literally had Kongstad "in his back pocket". According to these rumours, Battistelli arranged for "his" Council Chairman to be paid the equivalent of a Principal Director's salary from EPO funds."Kongstad had previously acted as the Deputy Chairman of the Council following Battistelli's election as Chairman in March 2009.

In the summer of 2009, both Battistelli and Kongstad - the Chairman and Deputy Chairman of the Council - announced that they were standing as candidates in the race to elect a successor to Alison Brimelow, the departing President of the Office.

After a couple of inconclusive rounds of voting, the two rivals eventually agreed to a "pact" which saw Battistelli being elected as President of the Office and Kongstad assuming the position of Council Chairman.

In his subsequent role as Council Chairman Kongstad always acted in very close concert with the Office President Battistelli.

"Although no official investigation has ever been carried out into this suspected act of corruption, the rumours come from credible inside sources and have a high degree of plausibility."Indeed, it is rumoured among EPO insiders that Battistelli literally had Kongstad "in his back pocket". According to these rumours, Battistelli arranged for "his" Council Chairman to be paid the equivalent of a Principal Director's salary from EPO funds.

Although no official investigation has ever been carried out into this suspected act of corruption, the rumours come from credible inside sources and have a high degree of plausibility.

If true, these rumours would certainly explain a lot about Kongstad's behaviour as Council Chairman during the "Battistelli era" and why he was prepared to endorse so many manifestly flawed and controversial measures submitted to the Council by Battistelli.

Battistelli and Kongstad
It is rumoured among EPO insiders that Battistelli literally had Kongstad "in his back pocket" and had arranged for "his" Council Chairman to be paid the equivalent of a Principal Director's salary from EPO funds.



In any event, Kongstad gave his unqualified endorsement to the "Strike Regulations" submitted to the Council by Battistelli for adoption in June 2013.

"...Kongstad gave his unqualified endorsement to the "Strike Regulations" submitted to the Council by Battistelli for adoption in June 2013."However, Battistelli's Great Dane only had a partial success in persuading his Nordic peers to support the proposed full frontal assault on the fundamental rights of EPO staff.

More precisely, the pro-Battistelli position taken by the Danish delegation was followed by Iceland and Finland but opposed by Sweden and Norway.

Borghildur Erlingsdóttir and her deputy Elfa Íshólm Ólafsdóttir
The Icelandic representatives: Borghildur Erlingsdóttir and her deputy Elfa Íshólm Ólafsdóttir



At the time in question, the Icelandic delegation was headed by Borghildur Erlingsdóttir who was assisted by her deputy Elfa Íshólm Ólafsdóttir, the Head of the Icelandic Patent Office's Finance and Operation Division.

"In the case of the "Strike Regulations" of June 2013, Icelandic support for this contentious proposal may have been influenced by another factor."Historically, the Nordic microstate of Iceland used to be a dependency of Denmark until it became independent in 1944. In relation to EPO affairs, the Icelandic delegation generally tends to follow the position taken by its Danish hegemon.

In the case of the "Strike Regulations" of June 2013, Icelandic support for this contentious proposal may have been influenced by another factor.

By a curious coincidence, a mere fortnight before the 136th Council meeting took place in Munich, the great and good of the "European Patent Network" convened in Reykjavík to discuss "how to bring co-operation forward in order to improve the quality and efficiency of the European patent system, and thus better serve industry".

"It's not clear who exactly footed the bill for this extravaganza but it's quite probable that the bulk of the funding came out of the EPO's coffers."This "co-operation meeting" which was hosted by the Icelandic Patent Office was attended by representatives of the EPO and its member states as well as representatives of the EUIPO/OHIM in its observer capacity.

It's not clear who exactly footed the bill for this extravaganza but it's quite probable that the bulk of the funding came out of the EPO's coffers.

Needless to say Battistelli was in attendance and he took advantage of the occasion to pose for a photo-op with the Icelandic Minister of Industry and Commerce, Ragnheiður Árnadóttir, and the Director General of the Icelandic Patent Office, Borghildur Erlingsdóttir.

Lutz and Battistelli in Iceland
Lutz and Battistelli with Minister of Industry and Commerce Ragnheiður Árnadóttir (2nd from right) and head of the Icelandic Patent Office Borghildur Erlingsdóttir (right) in Reykjavík (12 June 2013).



Given the attention which Battistelli lavished on the Icelanders in advance of the Council's 136th Meeting, it's hardly surprising that he succeeded in capturing their vote for all of the "reforms" which he put on the agenda at that meeting, including the "Strike Regulations".

"Given the attention which Battistelli lavished on the Icelanders in advance of the Council's 136th Meeting, it's hardly surprising that he succeeded in capturing their vote for all of the "reforms" which he put on the agenda at that meeting, including the "Strike Regulations"."All things considered, the voting record of the Icelandic delegation on the EPO's Administrative Council during the Battistelli era at the EPO gives the impression that it was well and truly "captured".

In March 2015, the Icelandic press reported excitedly that the head of the delegation - Borghildur Erlingsdóttir - had been appointed to the Board of the Administrative Council, the exclusive "inner circle" which prepares the agenda for the Council's quarterly meetings.

"All things considered, the voting record of the Icelandic delegation on the EPO's Administrative Council during the Battistelli era at the EPO gives the impression that it was well and truly "captured". "A couple of years later at the 159th meeting (warning: epo.org link) of the Council in March 2019, she advanced to the position of deputy Chair of the Council.

Borghildur's advancement among the ranks of the Administrative Council delegates may have been a coincidence but many EPO insiders believe that it was intended as recognition of her earlier support for "le système Battistelli".

"Borghildur's advancement among the ranks of the Administrative Council delegates may have been a coincidence but many EPO insiders believe that it was intended as recognition of her earlier support for "le système Battistelli"."In her spare time, Borghildur who comes from Seltjarnarnes near Reykjavík has enjoyed something of a career as a sportswoman. She is well known in Iceland as a keen practitioner of powerlifting at the Grótta sports club in Seltjarnarnes.

According to Icelandic reports, she was the national champion in the 57 kg category and has also held the Icelandic record in the knee-bend in that weight category.€ 

Unfortunately, like most of her peers on the EPO's Administrative Council, Borghildur seems to have been a bit too eager to bend the knee before the tyrant Battistelli.

Powerlifiting-Borghildur-Erlingsdottir
The former Icelandic powerlifiting champion Borghildur Erlingsdóttir seems to have been a bit too eager to bend the knee before EPO tyrant Battistelli.



Her current performance as deputy Chair of the Administrative Council - in particular her continued eagerness to bend the knee before Battistelli's successor António Campinos - is unlikely to win her any awards, at least not among EPO staff.

Borghildur-Trophies
Borghildur's performance as deputy Chair of the Administrative Council - in particular her continued eagerness to bend the knee before Battistelli's successor Campinos - is unlikely to win her any awards among EPO staff.



Getting back now to the events of June 2013, the official record shows that even if the Icelanders were prepared to follow the lead of their Danish hegemon, other Nordic states were less positive about the merits of Battistelli's proposals.

As we will see in more detail later on, both Sweden and Norway withheld their support.

As a matter of fact, the Norwegian delegation was one of the few delegations that bothered to perform due diligence by referring the matter to the national Ministry for Labour.

"In the end, the well-founded scepticism of Sweden and Norway was not sufficient to dissuade the remaining Nordic state - Finland - from following the Danish lead."The Norwegian Ministry of Labour [PDF] responded by issuing a negative opinion on the compatibility of the proposed "Strike Regulations" with generally recognised principles of international law which are enshrined in conventions of the International Labour Organisation. This was enough to deter the Norwegian delegation from voting in favour. The Swedish delegation followed suit.

In the end, the well-founded scepticism of Sweden and Norway was not sufficient to dissuade the remaining Nordic state - Finland - from following the Danish lead.

In the next part, we will take a closer look at the Finnish delegation and consider what might have induced it to give its agreement to the adoption of such a patently unlawful proposal.

Recent Techrights' Posts

Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
 
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock