07.30.21

[Meme] Rowan and António Sittin’ on a Tree…

Posted in Courtroom, Europe, Law, Patents at 4:33 am by Dr. Roy Schestowitz

Have they climbed up some tree? Behold; they need to come down… off their high horses or the 10th floor… sooner rather than later… because the silence and inaction contribute to the perception of non-compliance with court rulings (except fake courts which they control).

ILO-AT issues ruling on strike regulations; May-June, Late June, Early July, End of July

Summary: 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.

07.17.21

EPO Examiners Should Be in Charge of EPO Policies, Not Self-Serving Politicians Who Exploit and Flaunt Diplomatic Immunity

Posted in Europe, Law, Patents at 8:38 pm by Dr. Roy Schestowitz

EPC supremacy
I believe in EPC supremacy; do does the staff and its union

Summary: Supranational entities like the EPO have outlived their legitimacy; it’s becoming a purely political stunt, profoundly corrosive to the Rule of Law and to constitutions

The EPO’s Enlarged Board of Appeal Acknowledges That It’s Rigged Even After a Shuffle

Posted in Courtroom, Deception, Europe, Law, Patents at 4:40 pm by Dr. Roy Schestowitz

Video download link | md5sum 285911316fb6b32f5b7f2da3cb8998fe

Summary: The Enlarged Board of Appeal (EBA/EBoA) does what the Office basically rigged it to do; it’s approving unlawful measures

IT recently became a lot more apparent that the tribunals at the EPO had been rigged, first by Benoît Battistelli and then again by António Campinos. Time after time, especially when it comes to very big questions, the Enlarged Board of Appeal would rule in favour of the Office, irrespective of the underlying facts. Yet worse, they’d deal with legitimate concerns and arguments by setting them aside as inadmissible or something along those lines.

On Friday, i.e. yesterday, the Enlarged Board of Appeal did that yet again, just as we expected. The video above deals with so-called ‘media’ (in the pockets of litigation firm) coverage from that day. We’ll probably deal with this topic again some time in the near future.

07.09.21

Arguing With Diplomatic Immunity

Posted in Europe, Law, Patents at 8:38 am by Dr. Roy Schestowitz

EPO management, EPO examiner, Government official
The intellectual primitivism of EPO management has doomed the EPO

Summary: The EPO kakistocracy, where the least informed and least capable make it to the very top, is a train wreck without motion

THE naked emperor assured

Constitutions can be ignored
Lawyers he can afford
Renewal money he can hoard

Patents on “hey hi”
For every willing guy
Examiners’ guidelines lie
But comply or it’s good-bye

Hire fellow sapiens
Outsource to corporate aliens
Treat kakistocracy with lenience
While demanding staff’s obedience

I don't understand this patent system thing. But I tell the examiners to keep granting more.Courts are only clerical
The hearings are hysterical
Theatres for the megalomaniacal
Of Iberians on Sabbatical

Wine helps with esteem
Filled up to the rim
Join us at the “Team”
Our despot inspired by Kim

Patents by the buckets
Authorised by muppets
The lawyers’ sockpuppets
Each day granting hundreds

07.08.21

ILOAT Finally Overturns Battistelli’s Vichyite Strike Regulations

Posted in Courtroom, Europe, Law, Patents at 1:31 pm by Dr. Roy Schestowitz


The Judgments of the ILOAT’s 132nd Session were announced in Geneva on 7 July 2021

Summary: An explanation of the blow suffered by António Campinos and the person who gave him the job; ILOAT (or ILO-AT) belatedly — or eight years late! — assessed Battistelli’s Vichyite strike regulations

There was some good news for EPO staff from Geneva on Wednesday when the Administrative Tribunal of the ILO announced its judgments from the recent 132nd Session, held between 24 May and 28 June 2021.

A significant number of the judgments related to Benoît Battistelli‘s notorious “Strike Regulations” which were adopted eight years ago in June 2013.

“But despite such clearly expressed reservations, the Administrative Council turned a blind eye to the palpable defects in the proposals tabled by Team Battistelli and – like a bunch of headless chickens – voted to adopt these manifestly flawed measures whose illegality has now been exposed for all to see.”On 27 June 2013, following a proposal by the President of the Office [PDF], the Administrative Council adopted decision CA/D 5/13 [PDF] amending the EPO Service Regulations (which entered into force on 1 July 2013).

Amongst other things, CA/D 5/13 created a new Article 30a of the Service Regulations concerning the right to strike.

Article 30a sets out some basic rules concerning strikes, defining what is meant by a “strike” and indicating, amongst other things, that a call for a strike can be initiated by a staff committee, an association of employees, or a group of employees, and that the decision to start a strike must be the result of a vote by the employees. Paragraph 10 of Article 30a authorises the President of the Office to lay down further terms and conditions for the application of Article 30a.

Relying on that provision, on 28 June 2013 the former Vice-President of DG4, Mr Željko Topić – acting on behalf of the President – issued Circular No. 347 containing “Guidelines applicable in the event of strike”, which likewise entered into effect on 1 July 2013.

At the time of their adoption in 2013, Battistelli’s Strike Regulations were strongly criticised by EPO staff representatives and the staff union SUEPO. This criticism was shared by outside observers of the social conflict at the EPO which was being escalated to new heights by Battistelli’s authoritarian management style à la France Telecom.

An article entitled “The President Repeals A Fundamental Right?” authored by Sylvie Jacobs, the Chairperson of the EU staff union, Union Syndicale Fédérale, which appeared in the January 2014 issue of the USF Newsletter [PDF], Agora, described Battistelli’s régime at the EPO in the following terms:

“EPO President Battistelli’s HR policy reveals a serious lack of understanding of fundamental rights of workers, in particular their right of association in the form of a trade-union.”

Later that year, in November 2014 [PDF], a position paper issued by the staff union SUEPO entitled “Social Conflict at the European Patent Office” noted that “such measures are unprecedented in Europe, apart from Italy’s Carta del Lavoro (B. Mussolini, 1927) and Spain’s Fuero del Trabajo (F. Franco, 1938).”

In drawing comparisons between Battistelli’s oppressive Strike Regulations and those of fascist-corporatist régimes that flourished in Europe during the inter-war period of the 20th century, SUEPO forgot to mention the example which was probably closest to Battistelli’s heart: the Labour Code or “Charte du Travail” adopted in 1941 by Philippe Pétain‘s Vichy State. The repressive labour and social policies of Pétain’s État Français were closely modelled on those of Fascist Italy.

Vichy Battistelli
Did Maréchal Pétain’s Vichy State provide the role model for Battistelli’s repressive regime at the EPO?

With Judgment no. 4430 [PDF], the ILOAT delivered on 7 July 2021, the ILOAT belatedly hammered another long overdue nail into the coffin of “le Système Battistelli” at the EPO, by striking down Circular No. 347 as manifestly unlawful.

This long-awaited judgment is good news for all those who opposed the tyrannical regime of Team Battistelli over the last decade.

While this significant legal victory is a cause for celebration, it should not be allowed to obscure the precarious legal situation of the staff of the EPO and other international organisations who are dependent on Tribunals like the ILOAT to defend their rights.

Notwithstanding the fact that Circular No. 347 has been found to breach the fundamental rights of EPO staff, it remained in force for eight years!

During this time it was used repeatedly to underpin the Corsican despot’s managerialist “Reign of Terror” and impede any kind of internal dissent and collective action on the part of EPO staff against the excesses of the Office Administration.

Even more outrageous is the fact that at the time of the adoption of the Strike Regulations in 2013, the small number of delegations on the Administrative Council that made any attempt to evaluate the proposed measures had grave doubts about their compliance with international conventions.

An internal memorandum from the Norwegian Department of Labour dated 26 June 2013 [PDF] expressed the following opinion:

“The Department of Labour is therefore skeptical about a solution with an administrative regulation and about the content that, at a quick glance, seems extremely dubious in respect of its compliance with applicable international conventions.”

But despite such clearly expressed reservations, the Administrative Council turned a blind eye to the palpable defects in the proposals tabled by Team Battistelli and – like a bunch of headless chickens – voted to adopt these manifestly flawed measures whose illegality has now been exposed for all to see.

Will any lessons be learned from this débâcle?

One would like to think so, but unfortunately the track record of the Administrative Council and the senior management of the Office over the last decade doesn’t provide much reason for optimism on this front.

[Meme] Will EPO Comply?

Posted in Courtroom, Europe, Law, Patents at 8:02 am by Dr. Roy Schestowitz

Dynamic interpretation!
Compliance or fixing?

Summary: EPO management has lost a number of important cases at ILO-AT (regarding its attacks on over 1,000 members of staff and unlawful regulations); will it comply with the rulings?

07.01.21

EPO Circus Versus European Constitutions

Posted in Europe, Law, Patents at 1:14 pm by Dr. Roy Schestowitz

Video download link

Summary: Spontaneous video about tomorrow morning’s hearing, whose outcome was basically heralded already (partly by virtue of the remote hearing itself)

MY thoughts on this article are set aside and expressed above. There are 13 hours left until the notorious EPO hearing whose outcome was fixed by António Campinos and a Battistelli appointee. In order to tackle European software patents we need to understand what the ‘sausage factory’ looks like. The EPO lacks oversight, it doesn’t care what constitutions say, and justice is just a word, not a principle.

“If the EPO’s tribunals are really this bad, and the only proposed alternative is equally bad (and unconstitutional) UPC, the EPO needs to be rebooted.”It wasn’t always this bad, but this is the present situation, which makes outside intervention imperative and long overdue. If the EPO’s tribunals are really this bad, and the only proposed alternative is equally bad (and unconstitutional) UPC, the EPO needs to be rebooted. It has long deviated from the foundational documents and the only redemption should be wide-ranging.

06.26.21

[Meme] The EPO’s Hand on the Scales (With Fixers Inside the Most Important Hearings)

Posted in Europe, Law, Patents at 9:53 am by Dr. Roy Schestowitz

Justice is blind
The ‘fixer’ of António Campinos is a stain on the hearings

Bloody scale is wrong!

fidesz

hungarian-national-assembly

Summary: It is hardly surprising that the EPO keeps approving European software patents when António Campinos infiltrates and lobbies the Boards of Appeal; he’s ‘fixing’ the cases, much like in Hungary where the Chief Prosecutor is a loyalist of the party in charge (also in charge of justice, i.e. it won’t scrutinise itself), choosing panels and court compositions assured to attain a certain (favourable) outcome

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