07.04.16
The European Patent Organisation Jokes About Independence on the 4th of July (US Independence Day)
How to frame an assault on independence as “greater independence and improved efficiency” [sic]
Summary: Distancing itself even further from reality and from truth-telling, the European Patent Organisation resorts to reality distortion and EPO communications people called their face-saving lies “news”, after they had lied both to staff and to journalists
Greater lies from the EPO were finally promoted in the Organisation’s or Office’s Twitter account today (the account is called EuropeanPatentOffice but the username is “EPOorg”, which is contradictory unless they refer to the domain name). This came out several days after we had offered a translation of this pack of lies. Ironically enough and probably by coincidence this happened on the same day as the US celebrations of independence day. The President of the Boards of Appeal will be controlled by appointment by Battistelli, based on my careful reading of the EPLAW analysis as well as some press articles about it. The above tweet and accompanying/corresponding “news” item isn’t amusing; it’s actually rather disgusting as it grossly misrepresents what Battistelli and his goons did behind closed doors. Words are no longer enough to express the disgust; maybe more caricatures would help. CA/29/16, which we wrote about last night, showed further potential retaliatory tactics. So where is the substance for that “independence” nonsense?
“This is a typical tactic in politics. One puts forth an absolutely horrible proposal/bill and then lets it be slightly improved for initially-sceptical parties to approve under the supposition that the watering down somehow had them accomplish something.”“CA/29/16 Rev1 is certainly an improvement over the original,” wrote one person today. “but it is still far from being acceptable.”
This is a typical tactic in politics. One puts forth an absolutely horrible proposal/bill and then lets it be slightly improved for initially-sceptical parties to approve under the supposition that the watering down somehow had them accomplish something. To quote further from that comment: “It is good that we no longer have a vague reference to the “legitimate interests of the Office”. But what could possibly be meant by “integrity of the EPO’s appeal system”? And why has the option of forbidding a member of the BoA to take up a new position been retained?”
Perhaps more importantly, who will be appointed to run/manage the people whom Battistelli wishes to crush? The President of the Boards of Appeal is appointed in part by Battistelli himself and then there’s the issue of HR and IT (i.e. Bergot and other Battistelli cronies) meddling in Boards of Appeal activities, recruitment and so forth. This is independence???
“The Organisation is a lot more loyal to the Office (Battistelli) than to anybody else, which perpetuates and strengthens the perception that Battistelli has “got them by the balls,” to use a crude slang term.”As the above comment put it, “I struggle to think of any potential conflict of interest that could not be dealt with by instead placing limitations upon the ex-member’s future interactions with the EPO. If those limitations make a new position untenable, then that is a problem for the ex-member to sort out with his or her new employer. But forbidding a member to take up a new position is just an unenforceable restraint of trade (and an infringement of human rights).”
Another person rightly argued that “the amendments are cosmetic. If you check my concerns (and those of CIPA or AMBA) you can see by yourself that they have not been addressed.”
“It’s militarised, it enjoys special treatment (even immunity from law enforcement) and while striving to merely maintain some illusion of independence it actively eliminates the independence as envisioned and codified by the EPC.”“There is not much point in being consulted if no-one listens to you,” wrote another person. What can the public deduce from total apathy towards AMBA? The Organisation is a lot more loyal to the Office (Battistelli) than to anybody else, which perpetuates and strengthens the perception that Battistelli has “got them by the balls,” to use a crude slang term. Given the lack of gender diversity at the Organisation’s management, the term can be almost taken literally. Under Battistelli, the Organisation and Office are almost synonymous (no proper seperation or effective oversight) — to the point where the EPO's lawyers use the words "Organisation" and "Office" interchangeably, and thus wrongly.
One person asked: “What’ll be the free rooms in the Isar building be used for?” More personnel under direct supervision of “him”? More toys (IU, …) he can send out to other buildings? I fear his bodyguards are in “need” of a readyness room. His right hand [Bergot] and her bodyguards too? More luxury apartments?”
Whatever is going on at the EPO, it’s like there’s a presidential palace is not fortress. It’s militarised, it enjoys special treatment (even immunity from law enforcement) and while striving to merely maintain some illusion of independence it actively eliminates the independence as envisioned and codified by the EPC. This is a coup. Battistelli ‘hacked’ the EPC. It’s now a task/duty of everyone conscious and brave enough inside the EPO to restore order and honour the EPC. █
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