07.16.20

The EPO’s Corruption is Like a Cancer That Has Spread to and Infected the EU as Well

Posted in Deception, Europe, Patents at 9:52 pm by Dr. Roy Schestowitz

Battistelli-Breton photo-op

Summary: With Breton inside the Commission what we’re basically seeing is the EPO cabal speaking on behalf of the EU as well, spreading falsehoods and promoting illegal, unconstitutional agenda in defiance of judges and Justices

I have never come across anything quite like this. Right in the middle of Europe — in the reputable Bavaria no less! — there’s a sort of Mediterranean ‘Mafia’ running a ‘racket’ of sorts…

How was this allowed to happen? Why is nobody putting an end to it?

“How was this allowed to happen? Why is nobody putting an end to it?”Well, behind the smokescreen of EPO-funded fluff* there’s something rather horrific and sinister going on. I, as a longtime proponent of the EU, am horrified to see the EU becoming an extender of EPO corruption. They don’t care about the law and about facts, let alone constitutions. Corruption and illegalities rage on. Having added an update to our previous post about this (with Bristows jumping in, parroting Breton), I now see Myles Jelf (Bristows) jumping in to say:

As well as the issue of the UPC’s central division, other concerns were expressed about the unitary patent and UPC system going ahead without the UK, including:

- the system will be less attractive without coverage of the UK;

- the UPC procedure includes clear features of English legal procedure, yet the only participating country with a similar procedure will be Ireland;

- the expertise of UK judges will not be available, and UK lawyers will not be able to participate;

- English still being the main language; and

- the financial implications for the remaining participating countries.

Why on Earth does the German injustice minister carry on with this Big Lie? It’s going to completely discredit the German government while quite likely having zero effect on the death of the UPC. Facts aren’t on the UPCA’s side. They just aren’t.

And now the EU as well. With Benoît Battistelli's buddy speaking for the EU/EC, it’s bound to become a total embarrassment. Look no further than all the comments in this ongoing thread. All of them.

“It’s going to completely discredit the German government while quite likely having zero effect on the death of the UPC.”Jan Van Hoey said: “Time for Boris to pull the plug and send its notification to the secretariat of the Council of the EU. That’s what Mr Tillman was suggesting in its previous interview. It is also strange to consider agreements not into force part of “Union law”…”

Benjamin Henrion has been saying something similar (it’s in our IRC logs).

MaxDrei then wrote: “Talk about deja vu. In the UK, in the run up to BREXIT, HMG flying on auto-pilot, deposited its instrument of accession to the UPCA. Now, the EU Commission, another craft flying on auto-pilot, happily announces that it would “welcome” ratification of the UPCA by Germany. Sometimes the ship, sailing on its pre-set course, is so enormous that it takes years to change course. Somebody on the bridge has first to issue an authoritative command. Those underlings who are responsible for Press Releases have no authority to do anything else but state what course the ocean-going liner is proceeding along.”

“Concerned observer” is the latest to weigh in:

Well, the only way to describe that response is that is uses carefully selected language to make statements that, whilst not strictly untrue, are highly misleading.

Most misleading of all is the statement that “participation in that system, including the Unified Patent Court Agreement, is only open to EU Member States”. The trouble with this is that termination the UK’s membership of the EU does NOT automatically terminate the UK’s participation in the UPC Agreement. Whilst Mr Tilmann has (rather dubiously, in my opinion) suggested that a notification from the UK would serve to terminate its participation in the UPCA, not even he has suggested any plausible mechanism under the Vienna Convention for AUTOMATIC termination of the UK’s participation at the end of the transitional period.

There has certainly not been any “notification” from the UK to the other Participating Member States of the UPCA. Thus, the problem with the UPCA remains that the UK will be (and, arguably, already is) a “third country” under EU law. In this sense, Mr Breton’s response simply does not address the legal issue underlying Mr Breyer’s question. Whilst extremely disappointing, this is hardly surprising … given the level of “political” support for the UPCA at the EU level.

It remains to be seen whether national courts (such as the BVerfG) will be persuaded by such misleading responses. In my experience, courts tend not to be so easily misled. Also, given that Germany is proposing to ratify the UPCA by relying upon arguments that happen to work very nicely for their legal profession (by effectively dividing between Munich and Paris cases that would have gone to London), it remains to be seen whether the other Participating Member States (such as Italy) can be persuaded that this is acceptable. Whilst various carrots and sticks will no doubt be deployed, I doubt that it will be so easy to persuade all of the PMSs.

Finally, I have my doubts about Jan’s suggestion that the UK should formally withdraw from the UPCA. Recent years have seen many highly dubious (and sometimes contradictory) legal theories wheeled out to keep the UPCA “alive”. In this respect, I have no doubt that Mr Tilmann would find some way of arguing the UK’s formal withdrawal would not prevent the UPCA from coming into force. No doubt he would also concoct some arguments for salvaging the associated Protocols (on Provisional Application and Privileges and Immunities), regardless of the fact that those explicitly call for ratification by the UK…

This is pretty much the consensus if one asks anybody except Team UPC as “more than 71.4 % of judges no longer support the UPC,” based on a recent survey from JUVE.

“With Benoît Battistelli’s buddy speaking for the EU/EC, it’s bound to become a total embarrassment.”A scholar has written to us about this, seeking to participate by expressing concerns about the campaign of Team UPC.

“Hi Roy,” said the message, noting “that the matter is urgent as many sources confirm that Germany can ratify UPCA and they will try to push it through rather than risk a renegotiation.”

Regarding getting people involved in this: “In the constitutional law quarters, academics are more independent and open minded, especially those specialising in human rights, but they do not understand patent law at all.

“A lot of it can be traced back to the EPO and failure to regulate the EPO (or have effective oversight) basically dooms many institutions around it, including ILO.”“There is a recent feedback initiative from the Commission on the future of IP. [...] As things stand at present, the matter is a bit urgent and if Germany does not manage to have its way, the UPC legislative package must re-open [...] The moment is critical. [...] we need to get politicians to re-open the negotiations on the UPC and UPCA. [...] at the same time, we need to get politicians to re-open the negotiations on the UPC and UPCA.”

Keep an eye on this space. There might be further formal action quite soon. We cannot specify the details just yet, but Team UPC is vaguely aware. It’s truly a shame that all this corruption has touched the German government and the EU; the aftermath or the consequence will simply erode public confidence in these institutions. A lot of it can be traced back to the EPO and failure to regulate the EPO (or have effective oversight) basically dooms many institutions around it, including ILO.
____
* The latest nonsense comes from Watchtroll (“IPWatchdog”), e.g. “‘Not a Field of Giants’: Trends in 3D Printing Tech Include Key Contributions from US,” and Machinery that bases its ‘reporting’ on “European intellectual property firm, Withers & Rogers.” It’s an EPO parrot; to quote: “Highlighting the UK’s position as a European hub for innovation in 3D printing, the report revealed the city of Derby at number seven in a ranking of 15 major European innovation centres for AM technologies, with Munich, Barcelona and Zurich taking the top positions.” They’re reusing these talking points, extracted from the EPO’s own ‘script’. Real journalism is dead/dying.

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/2020/07/16/epo-cancer-inside-eu/

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. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action



  2. Raw: Elodie Bergot Breaking the Law by Threatening Against the Exercise of Fundamental Rights

    Over the years we saw a number of rude letters from Elodie Bergot, the grossly under-qualified spouse of a friend of Vichyite Benoît Battistelli; most of these we never published (we already have these and can always publish if the need arises), but those paranoid and insecure “Mafia”-like ‘cabal’ need to be exposed for the mobsters they are; for nearly a decade they’ve illegally bullied EPO staff in clear violation of the law (and for over 3 years António Campinos has kept those bullies on board); why does Europe do nothing and why is it never holding high-profile abusers accountable (only low-level facilitators)? Is it because the EU too is being infiltrated by them?



  3. Linspire Should Be Avoided in 2021 Just Like It Was Avoided 14 Years Ago

    The brand "Linspire" was brought back, but the agenda seems to be more or less the same, namely pushing proprietary software and serving Microsoft's commercial agenda (in 'Linux' clothing)



  4. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  5. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  6. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  7. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  8. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  9. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  10. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  11. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.



  12. Links 30/7/2021: Distro Comparisons and Tootle Introduced

    Links for the day



  13. [Meme] Enforcing ILO-AT Rulings...

    We’re still waiting for a statement — any statement (direct or indirect) — from EPO management, seeing that almost a month has passed



  14. 'Open Source' as a Failed Initiative

    A closer look at the dire state of the Open Source Initiative, or OSI, which no longer protects Open Source (let alone software freedom) but instead helps openwashing, Microsoft entrapment, and a coup against the FSF



  15. [Meme] Rowan and António Sittin' on a Tree...

    How much longer can Team Campinos keep issuing tons of noisy and self-congratulatory puff pieces to (perhaps) distract from the elephant in the 10th floor of the Isar building (EPO HQ)? Staff won't wait for eternity.



  16. IRC Proceedings: Thursday, July 29, 2021

    IRC logs for Thursday, July 29, 2021



  17. Half the People in This Letter Are IBM Employees

    IBM seems to be continuing its war on the FSF because IBM wants to own everything (CentOS being ‘canned’ was just part of the plan)



  18. The OSI Song

    The sad demise of OSI, which has become little but a front group of proprietary software companies in pursuit of openwashing services (and outsourcing to proprietary disservices looking to eradicate copyleft)



  19. [Meme] OSI is Doing Just Fine

    So what if OSI is run by someone who raised money from Microsoft (to sell Microsoft a keynote slot in a copyleft event — the thing that Microsoft attacks through GitHub!) while funnelling the OSI's funds to a serial GPL violator?



  20. The OSI's Defunct Elections (Privacy Breach), Conflict of Interest (Nicholson), and Other Lingering Problems

    The above, together with an email from the OSI below, serves to show they’re re-running a bad election and — yet worse! — there appears to be a conflict of interest implicating the OSI’s sole member of staff!



  21. Links 30/7/2021: Audacity 3.0.3 and KD Chart 2.8.0

    Links for the day



  22. Links 29/7/2021: siduction 2021.2 and Xubuntu 21.10 Dev Update

    Links for the day



  23. GitHub is Racism

    Microsoft has the world's most racist code hosting repository; it wasn't like this when Microsoft took over as the racist policies were added to impress Donald Trump, who would later rig a procurement/tendering process to bail out Microsoft (10 billion dollars from the Pentagon, i.e. taxpayers)



  24. [Meme] António Lost His Power Over Patent Examiners

    Team Campinos at the EPO must be rather stressed at the moment; the people who do all the work can go on strike any time (or all the time, until/unless demands are met)



  25. European Patent Office is Going on Strike (or Strikes)

    The staff of the EPO is ready to strike like never before (dissatisfaction and outrage over 8 years of gross injustice, namely Battistelli's breach of fundamental rights, including the right to strike)



  26. Crying “Wolf!” About Systemd is Only Beneficial to IBM and Systemd Developers/Pushers

    Microsoft controls Systemd only to the extent that Systemd is controlled by GitHub, which is in turn controlled by Microsoft; But Systemd has long been on that proprietary platform (its developers don’t truly value software freedom) and this has long been a problem, even before Microsoft hijacked it for coercive power



  27. Links 29/7/2021: Mesa 21.2 RC3, FSF Responds to Microsoft's 'Hey Hi' Attack on Copyleft

    Links for the day



  28. IRC Proceedings: Wednesday, July 28, 2021

    IRC logs for Wednesday, July 28, 2021



  29. [Meme] No Crime Goes Unrewarded at the EPO

    It is more or less undeniable that from a legal and functional perspective the EPO is already defunct and is still perishing under a couple of Mafiosos whose sole interest is cover-up and grifting/plunder (of what’s left of the Office after almost 40 years of goodwill/reputation); the recent G 1/21 fiasco was just icing on the cake and the EU’s insistence on a patently unconstitutional UPC (more legal powers for chronic EPC violators) actually weakens unity in Europe (by discrediting the Union)



  30. [Meme] There's Always a Way (When Financial Results Are Not So Good...)

    Too many US ‘tech’ companies still lie to their investors. They choose financial engineering instead of real engineering.


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