Bonum Certa Men Certa

European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

Inner circle of Battistelli
Inner circle of Battistelli [PDF]



Summary: A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable

THIS is our third (hopefully among many) outline of EPO abuses. It's the third instalment in a multi-part series about the European Patent Organisation/Office, which is rotten to its core. EPO -- like Google -- has enjoyed positive public perception for too long. It's time to shatter the myths of professionalism and innovation.



Having studied dozens of documents and articles about this topic (usually translations because the English-speaking press mostly overlooks these issues), we are shocked to see just to what extent the EPO engages in dirty tactics, conflicts of interest, and revolving doors. It's no better than the FCC or CAFC.

Readers who saw the first Techrights article on this topic (focusing on Topić’s appointment) sent us some valuable feedback. Alex Weir, for example, told us: "I read with interest your piece on corruption in the EPO, from my personal experience there have been questions regarding the EPO and corruption in relation to EC contracts and relations with China since the late 1990s, I am sure if you dig you will come up with more evidence."

Today's article focuses on Battistelli, the EPO's President. As we keep getting sent more dirt about the EPO it is hard to say just how many future articles will revolve around his own scandals, which are unique because they show how abuses can go all the way up to the top (EPO President is the highest position).

One person told us on Diaspora that "Richard Stallman has said that the EPO is corrupt a few times, before this man [Topić] was put in charge.

"Thanks for bring up the issue.

"It seems to be the fault of the European Commission," he added, citing this as an example. Quoting Stallman: "The EU administrators said they would let each country decide whether to allow genetically modified crops, but the proposed implementation is a trap. It has legal flaws, so these one-country bans might then be overturned.

"It is not unusual for the European Commission to make treacherous proposals. For instance, the "computer-related inventions" directive was written so it would appear to rule out software patents, but in fact would have authorized them. "

"He wrote a lot about the EC's nasty trick at the time," said the person about Stallman. We too covered it for years, in video form also. The EPO derives its power from an administration which in its own right is relatively immature (like the Union) and ripe for abuse.

So let's take a look at what Battistelli is not so well known for.

"Here is a link to an interview with Mr. Paul Ernst," said our source, "who was a member of the (now abolished) EPO Audit Committee.

"His comments on the function of the Audit Committee and its abolition may be of interest."

Here for example (with emphasis added) is what he said about the Audit Committee:

The dissolution of the Audit Committee at EPO was justified with the argument that the Audit Committee's tasks are already carried out by Internal Audit and the Board of Auditors (BOA). What is your view on this?

Paul Ernst: The reasoning behind the decision reveals a lamentable ignorance of the fundamental role of an Audit Committee. The Audit Committee can be seen as an answer to the famous question „who audits the auditor?“ The Audit Committee reports directly to the Administrative Council, whereas Internal Audit reports to the President and has no right to address the Administrative Council directly. The Audit Committee protects the independence of both audit functions and observes the coordination between Internal Audit and External Audit, and the follow-up given to audit recommendations. The Audit Committee should also raise its voice if a significant conflict of interest is discovered, e.g. a close relationship between a member of the BOA or the Internal Auditor or the Chair of the governing body and the chief executive. There is no other institution that plays a similar role. These are significant differences that demonstrate that the Audit Committee does not duplicate the work of the Internal Auditor nor the Board of Auditors.

"Note," said our source about Battistelli, quoting the following part: "The Audit Committee should also raise its voice if a significant conflict of interest is discovered, e.g. a close relationship between a member of the BOA or the Internal Auditor or the Chair of the governing body and the chief executive."

"This is precisely the situation that exists between Battistelli (chief executive) and Angermann (member of the BOA)," explains our source. "However, as there is no longer any independent Audit Committee, it cannot raise its voice in the matter ... how convenient for Battistelli.

"The problems of EPO governance arising from the abolition of the Audit Committee have been noted by the French Senator Jean-Yves Leconte in an open letter which he sent to French Ministers earlier this year."

To quote: "En supprimant de facto l’indépendance de l’audit externe des comptes (budget de l’organisation 2 000 M€) la transparence sur les évolutions de l’OEB ne sera plus de mise. Et ceci sera aggravé par l’absence de contrôle interne crédible lié à l’évolution des relations internes à l’institution" (full text of the letter is available in French).

"The point to note here," says our source, "is that the French Government is fully informed about the various problems at the EPO but it nevertheless supported Battistelli's re-appointment in June of this year."

Nationalism first.

"The problems with the EPO’s audit mechanisms were mentioned briefly in a report by WIPR in June of this year," said our source, pointing us at the article "EPO staff in Battistelli fight". The article states: “Staff have also claimed that the “overall governance” structure has been weakened by the audit committee being abolished without the administrative council knowing, and that Battistelli has put a “previous collaborator” from the French Patent Office in the “key post” of external auditor.”

Full details of this were made available to us in the form of copies of the Administrative Council documents referred to above (for readers' information and for future reference).

"These documents are not classified as confidential so in principle they can be made publicly available," explained our source.

The documents are as follows:



Notice the trend based on the chronology. Audit no more!

Next week we are going to show the 'special relationship' between Battistelli, the notorious Topić (known for corruption in his home coutry), and other administrative elements that seemingly collude to keep themselves and their networks in power, feeding off the European economy to do a disservice to Europe. In parts 4 and 5 we are going to shed more light on how the EPO was captured by hawks and wolves -- people who should have never acquired such positions of power where they exploit a public institution for power and greed.

Recent Techrights' Posts

Geminispace is More Trustworthy (and Private) Than the World Wide Web
Unlike the Web, Geminispace does not route the lion's share of traffic through a collective of spying companies
Once Again Linux Foundation Makes It Clear It's Being 'Absorbed' by Bill Gates
Linux Foundation devotes about 2% of its budget to Linux
Links 08/10/2024: Australian Fines for Twitter (X), Fake Patent Courts Still Not Scuttled
Links for the day
World Wide Slop
If it quacks like a duck...
 
World Wide Web: Only Criminals Would Want Real Security and Vouch for Themselves When They Use Encryption
In "modern" browsers, the podlock icon probably does not mean what users might think it means
[Meme] OSI Digging Its Very Own Grave (With Microsoft)
The very latest blog post from OSI is a hoot
Gemini Links 09/10/2024: YouTube Woes, Post-Truth Slop
Links for the day
Nothing Will Be Secure and Robust to Failure Until Microsoft Windows is Eradicated and/or Disconnected From the Internet
Every system has limited capacity, Windows botnets push things to their limits
GNU/Linux Took Off at the BSDs' Expense (Amid Telecom Lawsuit) and the Rivalry Persists Because Microsoft is Negligible in the Server Space
UNIX or POSIX is the future
Links 09/10/2024: Samsung's Fall, Tensions Growing Near China
Links for the day
Gemini Links 09/10/2024: Retroware and gmlgcd 2.0
Links for the day
Links 09/10/2024: Microsoft's Surface Duo 2 Officially Dead, X/Twitter Shutdown in Brazil, and "OpenAI Is A Bad Business"
Links for the day
Technology: rights or responsibilities? - Part III
By Dr. Andy Farnell
[Meme] Bill Gates With a Side of "Linux"
Linux Foundation is trolling us with Bill Gates
IBM is a Boys' Club
If IBM collapsed, the Red Hat engineers who work on GNU and Linux would simply work elsewhere (on the same projects)
The Miserable State of GAFAM
Looking for government handouts
Microsoft is Acting Like a Company That's Running Out of Money (But Still Pretends to be Wealthy in Order to Attract or Retain Shareholders)
Azure has had mass layoffs every year since 2020, yet Microsoft keeps telling shareholders that "clown computing" is growing
Dr. Andy Farnell's Article on Societal Disorganised Attachment and the Role of Social Control Media
The article is quite long and typos were still being fixed as recently as last night
Smear Alert: Linus Torvalds Asking for Better Commit Messages Makes Linus a (Grammar) Nazi
Maybe the "mainstream media" is looking for clickbait or maybe it's actively looking to make a scandal - a phony controversy with which to make the job of coordinating Linux unpleasant
Gemini Links 09/10/2024: Climate Doom and Clagrange
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 08, 2024
IRC logs for Tuesday, October 08, 2024
Dr. Andy Farnell's Article on Why Passwords Still Rock
"Seven for a secret never to be told"
[Meme] Driver Issues
Where do you want to drive today?
The Problem Isn't That New Cars Use Electricity But That They Use Too Many Bits of Electronics
"...and proprietary software wrapped in proprietary APIs and protocols all without a modicum of compartmentalisation," an associate adds
We're Turning 18 in 30 Days
30 days from now the site turns 18
GNOME Foundation Says It's Nearly Broke (Again), It's Getting Rid of More People (Only Women Get the Boot), and It Will Improve Communications and Transparency Even Though It Secretly Ousts People From the GNOME Foundation Board (for Secret Reasons)
It only talks about this months later (under strict gag orders, only public shaming of a person)
Gemini Links 08/10/2024: Guilt by Association, Workers vs Owners
Links for the day
Links 08/10/2024: War Updates, Samsung's Layoffs, and Gemini
Links for the day
Another Dose of Fake 'Articles' About Linux
Don't give visibility to the nonsense of Microsoft
Links 08/10/2024: Microsoft Deleting Office Documents Instead of Saving Them, "Threads Still Sucks"
Links for the day
gemini.techrights.org and techrights.org (Same Server, Not the Same Protocol)
We're reminding readers that everything in this site is fully accessible via gemini.techrights.org in Gemini Protocol
X Has Axed Itself. This is Great News and Further Affirmation of Everything We've Said About Social Control Media.
Don't waste any more time on social control media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 07, 2024
IRC logs for Monday, October 07, 2024
Gemini Links 08/10/2024: Contingency Begets Complexity, Playing With Bezier Curves
Links for the day
Almost Half the Web Users Connecting to Your Site Are Using Linux
almost 1 in 2 Web-connected devices runs Android and about 2% run "proper" GNU/Linux
The Web Has Severe Amnesia Problems, But We Still Remember How Gilberto Gil Promoted Free Software in Brazil
The Digital Tipping Point (DTP) is years behind us now
Synthesised Voices Aren't a New Technology (the Hype Might Be, They Call It "Hey Hi" Now)
I still consider this an extension of the "hey hi" (AI) hype
LLM Hype is Already Descending, Apple Stopped Investing in the Money Furnace
Wall Street is a perverse force in the technology market, incentivising the most harmful (and mostly useless) things
Change Control and What Will Come After Git (If That's Still Possible at All)
It would be wrong to believe (at least misguided) Git can be a "standard" skill 30 or 50 years from now.
On the Web, HTTPS Has Actually Become a Privacy Problem (Broadcasting Usage/Access to the All-Seeing CA Eye). Geminispace Doesn't Have This Problem.
Down to 23 capsules: the rapid demise of Certificate Authority (CA) Let's Encrypt in Geminispace
Links 07/10/2024: Politics, Education, Wars, Financial Crunch
Links for the day
Munich Was Having Real Difficulties Moving From GNU/Linux to Windows
How many are still using GNU/Linux?
Links 07/10/2024:China’s 'Deflation' (Price Decreases), Brazil Still Bars Twitter ("X")
Links for the day
Links 07/10/2024: "Creative Computing" Turns 50, Long War in Middle East Turns 1
Links for the day
Gemini Links 07/10/2024: Luck and Dishonesty, Gaming Getting Worse
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 06, 2024
IRC logs for Sunday, October 06, 2024