05.16.21

Gemini version available ♊︎

The EPO’s War on Justice and Assault on the Law — Part 9: Squeezing Out the Lifeblood of Democracy?

Posted in Europe, Law, Patents at 6:59 pm by Dr. Roy Schestowitz

Previously in this series:

EPO discourse
Not much sign of a lively Habermasian discourse at the EPO’s Boards of Appeal in Haar these days.

Summary: The lack of public discourse at the EPO (where tyrants like Benoît Battistelli and António Campinos make up the rules and then have them rubber-stamped by kangaroo courts) helps explain an atrocious policy and moral abyss, which recently led to acceptance of European software patents and mass surveillance disguised as “access to justice”

EPO sources relate that, in his capacity as the Thane of Haar, Carl Josefsson is extremely reluctant to allow any staff committee or union activities on the Boards of Appeal premises.

According to the EPO Staff Regulations, staff have the right to be represented by a local staff committee “where more than fifty staff members are in active employment in a place of employment”.

“…Carl Josefsson is extremely reluctant to allow any staff committee or union activities on the Boards of Appeal premises.”At the end of 2020 the Boards of Appeal had a total of 256 staff, comprised of 196 persons working as chairs and members of the Boards and 60 ancillary staff in various management/administrative support positions.

On this basis, EPO staff members in Haar clearly have a statutory right to be represented by a local staff committee.

But inside sources report that Josefsson has stubbornly resisted the establishment of such a local committee, despite repeated requests from the EPO’s Central Staff Committee.

In addition to this, the once highly active Association of the Members of the Boards of Appeal (AMBA) appears to have become almost completely defunct during Josefsson’s tenure.

“…inside sources report that Josefsson has stubbornly resisted the establishment of such a local committee, despite repeated requests from the EPO’s Central Staff Committee.”AMBA was formed in 1999 to protect the interests of the members of the Boards of Appeal.

According to its statute, the aims of the association include “monitoring issues of relevance for the judicial function of the members of the Boards of Appeal with a view to safeguarding their independence” and “promoting the members’ self-government as members of a judiciary”.

At the bottom of the home page on the Association’s website there is a “Timeline of Independence” which is supposed to show “the most important events in the history of the boards”.

This timeline contains a total of 45 entries starting in September 1973 with the “Travaux Préparatoires” for the European Patent Convention (scroll to the bottom of the page).

“AMBA was formed in 1999 to protect the interests of the members of the Boards of Appeal.”The timeline ends in December 2016 with “Carl Josefsson appointed President of the EPO’s Boards of Appeal” (scroll to the bottom of the page).

It seems that, as far as AMBA is concerned, the appointment of Carl Josefsson in December 2016, is the “End of History”. Francis Fukuyama, eat your heart out!

The AMBA website hasn’t been updated to register Josefsson’s reappointment in December 2020.

The most recent postings on the website are links to:

• the 2020 Annual Report of the Boards of Appeal (which was released on 12 April 2021);
• the revised Rules of Procedure of the Boards of Appeal (dated July 2019).
• a communiqué about the 159th meeting of the Administrative Council held on 27 and 28 March 2019.

All of the above relate to information that is already publicly available via the EPO’s official website, here, here and here. (Warning: epo.org links)

“The AMBA website hasn’t been updated to register Josefsson’s reappointment in December 2020.”It seems like the AMBA website has been reduced to nothing more than a selective “mirror” of the official EPO website.

As a matter of fact there haven’t been any postings originating from AMBA itself since December 2016 when it issued a statement [PDF] about a “Resolution Against the Relocation of the Boards of Appeal to Haar” which had been endorsed by the majority of its members. Here it is:

AMBA Statement on the Reform of the BoA page 1

AMBA Statement on the Reform of the BoA page 2

It’s well known inside the EPO that, during the Battistelli era, AMBA did its best to keep a low profile.

According to reliable sources, the members of its executive committee were afraid that they might end up being targeted by Battistelli’s Investigative Unit and suffer the same fate as SUEPO officials, such as Laurent Prunier.

“According to reliable sources, the members of its executive committee were afraid that they might end up being targeted by Battistelli’s Investigative Unit and suffer the same fate as SUEPO officials, such as Laurent Prunier.”But although AMBA was more or less reduced to operating underground during those days, it still continued to function and it was capable of organising petitions and resolutions to protest against Battistelli’s abuses, even if these were routinely ignored by the Administrative Council.

Nowadays, under Josefsson’s regime, AMBA seems to have been completely neutered. Indeed, if appearances are to be believed it has been effectively killed off as a functioning association representing the interests of the members of the Boards of Appeal.

“Nowadays, under Josefsson’s regime, AMBA seems to have been completely neutered.”To borrow a phrase from Josefsson’s old buddy, the radical Swedish journalist, Per Wirtén, one might well ask: What happened to the “cascades of debate, quarrel and chatter” that make up “the lifeblood of democracy”?

While we are waiting for “Calle” to answer that question, in the next part we will try to figure out what exactly he gets from the “Faustian pact” that he has concluded with the EPO.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



  2. Links 24/9/2021: GNU Coreutils 9.0, BattlEye GNU/Linux Support

    Links for the day



  3. [Meme] 'Linux' Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody's Business

    Microsoft has weaponised the Linux brand to dub a toxic company like itself (helping notoriously polluting companies and generating lots of waste, both directly and through planned obsolescence, inefficient software, DRM, etc.) as "green"



  4. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)



  5. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  6. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  7. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  8. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  9. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  10. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  11. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  12. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  13. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  14. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  15. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)



  16. As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

    SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing



  17. Links 23/9/2021: PostgreSQL 14 RC 1 and MidnightBSD 2.1

    Links for the day



  18. Links 23/9/2021: More UPC PR Stunts and IBM (Poettering) TPM for Linux

    Links for the day



  19. The EPO is on the Run (Escaping Negative Press Coverage)

    Aside from tens of millions of euros granted to media and academia (to keep them complicit or silent about EPO corruption, which also implicates the EU) there’s also SLAPP and threats against staff representatives; but Members of the European Parliament are becoming interested in what’s really going on in Europe’s second-largest institution, so this utter waste of EPO money (manipulating the press and gaming universities’ research) might in itself become a scandal sooner or later



  20. [Meme] Lowering the Standards...

    It's time for another round of fluff at the EPO, this time without even travelling (PR-over-'ViCo')



  21. Gemini HTTP/HTML/Web Proxies and Self-Hosting Your Own Proxy

    Gemini protocol (gemini://) and the fast-growing Geminispace (expected to exceed 2,000 known capsules by year’s end, in effect quadrupling in a single year!) are possible to access using Web browsers, at least for those who do not have Gemini clients/browsers just yet; today we examine and give an outline of the options



  22. IRC Proceedings: Wednesday, September 22, 2021

    IRC logs for Wednesday, September 22, 2021



  23. Links 23/9/2021: GNU Parallel 20210922, Moroccan Propaganda From EPO

    Links for the day



  24. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  25. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  26. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  27. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  28. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021



  29. Agents of Monopoly: WIPO is Lobbying for or Reinforcing Microsoft Monopoly by Pushing Its Proprietary Software and Formats

    The World Intellectual Property [sic] Organization — like the EPO (where António Campinos outsourced IT systems to Microsoft) — is choosing the most notorious/corrupt ‘tech’ ‘company’ (cult) instead of open standards and, as the links above show, this is nowadays done inside the United States and outside the United States as well, raising legal questions/ire



  30. Links 21/9/2021: Windowsfx 11, New Chrome, and LF PR Noise

    Links for the day


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