04.18.18

Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

Posted in Europe, Patents at 4:04 am by Dr. Roy Schestowitz

Reader’s response to this post

EPO FIFA-approved graphic

Summary: In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was

It should be obvious to all and sundry by now that people who expect the EPO Administrative Council to hold Battistelli to account are barking up the wrong tree. The unfortunate fact of the matter is that it really is possible to get away with serious abuses as long as the perpetrator is protected by diplomatic immunity. In this case Battistelli enjoys diplomatic immunity as President of the EPO and he also seems to be protected by a supine Administrative Council which shows no interest in calling him to account.

“In this case Battistelli enjoys diplomatic immunity as President of the EPO and he also seems to be protected by a supine Administrative Council which shows no interest in calling him to account.”But what people who complain about Battistelli seem to forget is that he also wears other hats and operates in other contexts where he does not enjoy immunity. To be more precise: he is the deputy mayor in charge of culture in his home town of Saint-Germain-en-Laye.

He was appointed to this position in October 2017 after the last local elections when he succeeded Arnaud Péricard. Péricard’s was “promoted” to the position of mayor after the death of Emmanuel Lamy in May 2017. Until October 2017 Battistelli was the municipal councillor in charge of theatre. In this position he was mainly responsible for the municipal theatre which is known as the Théâtre Alexandre Dumas.

“Until October 2017 Battistelli was the municipal councillor in charge of theatre. In this position he was mainly responsible for the municipal theatre which is known as the Théâtre Alexandre Dumas.”The Théâtre Alexandre Dumas (TAD) is named after the famous French writer, some of whose most illustrious works, such as “The Three Musketeers”, were written in Saint-Germain-en-Laye. It is a municipal institution which is directly under the management of the municipal council. Both the deputy mayor for culture and the the town councillor in charge of theatre sit on its board of directors.

The TAD can also be rented as a location for events such as cocktails, seminars, congresses, projections and suchlike.

By an interesting coincidence the Théâtre Alexandre Dumas will serve as the venue for the European Inventor Award ceremony on 7 June 2018. (warning: epo.org link)

Paris theatre

The decision to host the event in Saint-Germain-en-Laye seems to be good news for the town and will undoubtedly result in an influx of funds to the local coffers. This means that it’s unlikely that anybody on the municipal council will ask too many questions or dare to upset the apple-cart.

Even before this latest twist the European Inventor Award has been shrouded in opacity because the European Patent Convention does contain any mandate for the EPO to sponsor such an extravanganza.

“Even before this latest twist the European Inventor Award has been shrouded in opacity because the European Patent Convention does contain any mandate for the EPO to sponsor such an extravanganza.”The event was initially established in 2006 under Alain Pompidou and the first ceremony was hosted in Brussels with the co-sponsorship of the European Commission.

In the beginning it seems to have been run as a joint venture between the EPO and the European Commission and for a number of years the venue chosen was in the state holding the presidency of the Council of the European Union.

From 2013 onwards this changed without any explanation being given and since then it has never been clear on what criteria the host state for the event is chosen.

But the choice of venue for 2018 takes the biscuit:

Not only is the event being held in France for the second time in the space of four years but it is taking place in the home town of the President of the EPO where he is an elected member of the local municipal council and deputy mayor!

“Not only is the event being held in France for the second time in the space of four years but it is taking place in the home town of the President of the EPO where he is an elected member of the local municipal council and deputy mayor!”Neither the Official Journal of the EPO (warning: epo.org link) nor the minutes of the municipal council of Saint-Germain-en-Laye appear to contain any records which would explain how the decisions to host the event in Saint-Germain-en-Laye and to use the Théâtre Alexandre Dumas for this purpose were taken or who was responsible for these decisions.

In other words no publicly accessible record can be found to clarify whether the selection of Saint-Germain-en-Laye as the host town was made by the EPO President acting on his own initiative or whether the Administrative Council had any involvement in the matter (even if this was only to rubber-stamp the President’s preference).
It’s also not clear what role Battistelli played in the selection of the TAD as the venue for the event but given that he is on its board of directors it would be reasonable to assume that he must have been involved in some capacity.

Even FIFA seems to be a paragon of transparency compared to this!

Battistelli job

Some observers who have looked into the affair have raised the question as to whether or not the choice of venue might involve a conflict of interest on the part of the individual who wears both the hat of the EPO President in Munich and the “chapeau” of the deputy mayor in charge of culture on the municipal council of Saint-Germain-en-Laye.

“Some observers who have looked into the affair have raised the question as to whether or not the choice of venue might involve a conflict of interest on the part of the individual who wears both the hat of the EPO President in Munich and the “chapeau” of the deputy mayor in charge of culture on the municipal council of Saint-Germain-en-Laye.”Recent developments in the case of Sarkozy have shown that France has extensive anti-corruption legislation which among other things penalises improper giving and receiving of benefits, “influence peddling” and misdirection of public funds.

Given the failure of the EPO Administrative Council to call Mr. Battistelli to account as EPO President it seems legitimate to pose the question as to whether the French public prosecutor might not be the appropriate authority to scrutinize his activities as deputy mayor in charge of culture in Saint-Germain-en-Laye where he is subject to French law and does not enjoy immunity.

Attachments: Extracts from the “Journal Saint-Germain-en-Laye” [1, 2] showing Battistelli’s activities on the town council.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2018/04/18/holding-battistelli-accountable/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. When EU Authorities Tell You to Complain to the EPO Itself About EPO Privacy Violations...

    “Kafkaesque” at the EPO; Kafka could do a whole novel about the flirtations with or affairs of ‘justice’ at the EPO



  2. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way



  3. IRC Proceedings: Wednesday, May 12, 2021

    IRC logs for Wednesday, May 12, 2021



  4. Andrew Lee of Private Internet Access/London Trust Media Increasingly Owns and Controls Freenode

    The details about Freenode ownership and control are explained in a resignation letter urging users to move to another network



  5. [Meme] eBPF is Not Microsoft's, But It's Certainly Googlebombed by Microsoft

    eBPF isn't Microsoft's. But sites that work closely with Microsoft keep mentioning that term as if Microsoft created it and champions it (typical tactics).



  6. Links 13/5/2021: OpenSUSE Leap 15.3 on Finer Hardware, AMI Dabbling in Free Firmware

    Links for the day



  7. The EPO's War on Justice and Assault on the Law -- Part 3: The Current Line-up

    The composition of the Enlarged Board for case no. G 1/21



  8. System76’s First Keyboard Packs in Plenty of Surprises

    Putting the genie back in the bottle is hard, and moreover the corrective post from Joey Sneddon may cause a bit of a 'Streisand Effect'



  9. Links 12/5/2021: HAProxy Data Plane API 2.3 and Mousepad 0.5.5

    Links for the day



  10. IBM is Destroying Red Hat, Squeezing Red Hat's Work for Cash, Laying Off Staff, and Asking Staff to Resign

    Layoffs are not a new thing at IBM (hardly so in the past couple of decades or more), but they're oversensitive about the Red Hat agenda



  11. [Meme] Longing for the Original IP Kat...

    It would be nice to see more posts critical of injustice at the EPO, as we've just noted



  12. The EPO's War on Justice and Assault on the Law -- Part 2: Just Another Pro Forma Rubber-Stamping Exercise?

    Half a decade after Benoît Battistelli ‘kidnapped’ and then defamed judges (it started in 2014) António Campinos has done nothing to restore lawfulness at the EPO, as controversial referral case G 1/21 shows; in fact, they recently approved European software patents after pressure from Campinos himself



  13. Why I'm Using Just a Landline and Recalling My Richard Stallman (RMS) Interview on Working Locally or How the Signal Processor in Phones is a De Facto Back Door

    A longer-than-expected rant about what mobile phones have turned into and a look back at (or listen to) what Richard Stallman (RMS) told me way back in 2013



  14. The European Campinos Award

    The campinos (peasants) of Europe shall gather around for another ceremony championing farmers and nurses... or not



  15. Personal Thoughts About the EPO 'Kangaroo Court' Scandal

    Some unscripted and unedited thoughts about the current EPO scandal/series, which shows intervention such as stacking by António Campinos, continuing the tradition of Benoît Battistelli with his attacks on justice itself



  16. Doing Justice by Reporting Injustice

    Europe's second-largest institution, helped by Europe's largest, is engaging in a massive attack on the very concept of the Rule of Law and incredibly enough the so-called 'press' (or 'media') doesn't report on it



  17. IRC Proceedings: Tuesday, May 11, 2021

    IRC logs for Tuesday, May 11, 2021



  18. Links 12/5/2021: New Audacity and Musescore Owner Named, Microsoft May Lose "JEDI" (Trump's 'Bailout Package')

    Links for the day



  19. The EPO's War on Justice and Assault on the Law -- Part 1: Rumours of a Kangaroo Court at EPOnia

    EPO's President Benoît Battistelli viciously attacked judges and slandered judges; António Campinos adopts a more 'soft power' approach, but nevertheless the impact is the same



  20. Bill Gates Exposed

    While publishers like ZDNet worked hard (on Microsoft's budget) to distract us from real scandals many nefarious things were happening; are we witnessing the fall of Gates?



  21. Welcome to ZDNet's 'Linux' Section...

    ZDNet, which defamed RMS to help distract from Bill Gates scandals, is doing what the sponsors (IBM, Microsoft, Linux Foundation) pay for



  22. Europe's Second-Largest Institution, the EPO, is Partly Based in the United States

    The EPO has outsourced its operations, including its 'courts', to the United States; this seems to be the so-called 'New Normal'



  23. You Look for Linux News and Instead It's Microsoft Noise and Openwashing

    Imagine trying to go about doing your own 'business', only to be confronted by paid-for plugs (sponsored) by the people trying to undercut/undermine your business; welcome to "Linux" in 2021



  24. Links 11/5/2021: Maui 1.2.2 and Tor Releases

    Links for the day



  25. The Next Generation of Free Software (or Software Freedom) Activism, Tackling Newer Problems

    New challenges as labour rights and human rights are further eroded, thanks to 'high' 'tech' with its very 'innovative' 'features'



  26. Mass Litigation Over the Salary Adjustment Procedure (SAP), Basically an Attack on All EPO Staff, Even EPO Pensioners

    “Importance of a binding and unambiguous erga omnes declaration” stressed by staff representatives of the EPO in a new letter to Benoît Battistelli‘s successor of choice, António Campinos, who has done nothing so far except attacking (or robbing) EPO staff, even EPO pensioners



  27. EPO 'Dialogue' With Staff Representatives is as Dead as 'Dialogue' With the Union

    “Yet another failure of social [sic] dialogue [sic] for Mr Campinos,” according to staff representatives, who rightly bemoan the Office president not giving a damn about staff; things quickly deteriorate in Europe’s second-largest institution, which does even worse things than granting loads of illegal European software patents (harming software producers and users alike)



  28. The FSF Needs to Reject OSI (and Open Source) Along With Much-Needed Rejection of the GNOME Foundation (Not the Same as the GNOME Project)

    Response to a good little speech (unscripted apparently) by Geoffrey Knauth, who explained his position on Open Source about a year ago



  29. Links 11/5/2021: Bodhi Linux 6.0, Coreboot 4.14, and DragonFly BSD 6.0

    Links for the day



  30. IRC Proceedings: Monday, May 10, 2021

    IRC logs for Monday, May 10, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts