10.05.21

Gemini version available ♊︎

The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes

Posted in Europe, Patents at 6:18 pm by Dr. Roy Schestowitz

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. YOU ARE HERE ☞ Three Missing Votes

Hungary's Bendzsel and Ficsor
Hungary’s Bendzsel and Ficsor were evidently too busy with other matters to come to Munich in June 2013.

Summary: A look at who declined (or failed) to participate in Benoît Battistelli‘s attack on workers; or, put another way, who failed to object to unlawful EPO regulations

We begin our “deep dive” investigation into the rubber-stamping of Battistelli’s “Strike Regulations” in June 2013 by looking at the three Administrative Council delegations that absented themselves from the vote.

The delegations in question are: Hungary, the Czech Republic, and Liechtenstein.

“The delegations in question are: Hungary, the Czech Republic, and Liechtenstein.”In the case of Hungary, the nominated representatives at the time in question were Battistelli’s "friends in Budapest", Miklós Bendzsel and his deputy Mihály Ficsor.

However, neither Bendzsel nor Ficsor turned up in Munich for the 136th meeting of the EPO Administrative Council.

According to the records [PDF] of the Hungarian Intellectual Property Office (HIPO), Ficsor was off attending a diplomatic conference convened by the World Intellectual Property Organization (WIPO) in Marrakech for signing a “Treaty to Facilitate Access to Published Works for Persons Who Are Visually Impaired or Otherwise Print Disabled”.

That sounds impressive but it’s rather surprising to learn that to this day Hungary does not appear to be a contracting party to the Marrakech Treaty.

“…the statement in the Hungarian records concerning Bendzsel’s participation is contradicted by the minutes of the 136th meeting of the EPO Administrative Council which list the participating Hungarian representatives as Judit Hajdú and Johanna Stadler.”So it’s a bit of a mystery what exactly Ficsor was up to in Marrakech in June 2013 when the Administrative Council was voting on Battistelli’s “Strike Regulations”.

As for Bendzsel, the records of the HIPO refer to “Participation by the President of the HIPO and his delegation in the 136th meeting of the Administrative Council of the European Patent Organisation in Munich. Main topics: developments concerning the European patent with unitary effect, cooperation activity with member states and other countries, questions relating to the operation of the European Patent Organisation.”

However, the statement in the Hungarian records concerning Bendzsel’s participation is contradicted by the minutes of the 136th meeting of the EPO Administrative Council which list the participating Hungarian representatives as Judit Hajdú (pronounced like “Heidi”) and Johanna Stadler.

“Bendzsel’s absence is a bit of a riddle given the fact that he was the Deputy Chairman of the Administrative Council at the time.”From this it would appear that Bendzsel was not in fact present in Munich or at least that he did not attend the Council meeting on the occasion in question.

Bendzsel’s absence is a bit of a riddle given the fact that he was the Deputy Chairman of the Administrative Council at the time. But he obviously had some more urgent business to attend to than protecting the fundamental rights of EPO staff.

Judit Hajdú
Judit Hajdú who unfortunately appears to have missed the vote on Battistelli’s “Strike Regulations”!

If the EPO records are to be believed, the acting head of delegation for Hungary at the 136th meeting of the Administrative Council was Judit Hajdú, an electrical engineer and head of the HIPO’s Patent Department.

A hymn of praise to Ms Hajdú can be found on the HIPO website:

Judit Hajdú is an outstanding personality in the field of patent law. Her leadership and professional guidance have contributed greatly to the development of a uniform, high quality and modern patent examination practice and to the establishment of legality. Her focus, organisation and humanity have made her a respected and respected figure in her department and throughout the [Hungarian Patent] Office. [...]

In recent years, she has been particularly active in the field of the patentability of computer-implemented inventions, and has shown great professionalism in this field. She is also closely involved in the harmonisation of patent law and the further development of the European patent system. She regularly represents the Office at meetings of the relevant committees of the EU, WIPO and EPO.

“In the case of the Czech Republic, the nominated representatives at the time in question were Josef Kratochvíl and his deputy, Svĕtlana Kopecká.”By a mysterious stroke of misfortune, when Battistelli’s “Strike Regulations” came up on the agenda during the June 2013 meeting, it would appear that Ms Hajdú missed the vote.

In the case of the Czech Republic, the nominated representatives at the time in question were Josef Kratochvíl and his deputy, Svĕtlana Kopecká.

In the EPO records, Kratochvíl is listed as an attendee at the meeting but, as in the case of Ms Hajdú from Hungary, he appears to have missed the vote on the “Strike Regulations”.

Josef Kratochvíl confused
Josef Kratochvíl is listed as an attendee at the 136th meeting of the AC but it seems that he forgot to vote!

In the case of Liechtenstein, the nominated representatives at the time in question were Isabel Frommelt and Esther Schindler.

According to the EPO records, nobody attended the meeting on behalf of Liechtenstein and it is not clear on what grounds the nominated representatives absented themselves.

Isabel Frommelt and Esther Schindler
Liechtenstein delegates – Isabel Frommelt (l.) and Esther Schindler (r.) – absent without explanation.

Readers will no doubt be reassured to learn that none of the delegates who were absent for the vote on Battistelli’s “Strike Regulations” suffered any prejudice to their subsequent careers as a result of their dereliction of duty to EPO staff back in June 2013.

The former head of the Hungarian delegation, Miklós Bendzsel, sailed off into the sunset of retirement in 2016.

“The former head of the Hungarian delegation, Miklós Bendzsel, sailed off into the sunset of retirement in 2016.”As previously reported by Techrights, his deputy Mihály Ficsor the "well connected IP maximalist" from the Hungarian IPO recently became a Principal Director at the EPO in charge of Legal Affairs. According to comments posted on the Kluwer Patent Blog, Ficsor’s name is even being touted as a possible successor to António Campinos.

As for Josef Kratochvíl, who to this day remains the head of the Czech delegation, he was elected as Chairman (warning: epo.org link) of the Administrative Council at the end of 2018.

Meanwhile, in Liechtenstein, both Isabel Frommelt and Esther Schindler have continued to pursue successful careers in the diplomatic service of the alpine micro-principality.

“Meanwhile, in Liechtenstein, both Isabel Frommelt and Esther Schindler have continued to pursue successful careers in the diplomatic service of the alpine micro-principality.”Frommelt was appointed as Liechtenstein’s Ambassador to Germany in August 2017 and Schindler is her deputy. Schindler was also appointed as a “Brexit Coordinator” at the Liechtenstein Ministry of Foreign Affairs in 2018.

In the next part we will look at how the majority of the delegations from the EPO’s founding states voted in favour of Battistelli’s “Strike Regulations”.

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. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  2. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  3. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  4. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  5. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  6. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  7. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  8. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  9. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  10. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  11. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  12. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  13. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  14. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  15. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  16. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  17. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  18. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  19. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  20. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  21. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  22. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  23. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  24. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  25. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  26. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  27. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  28. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  29. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  30. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying


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