Bonum Certa Men Certa

As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

Benoît Battistelli
Benoît Battistelli meets Siemens



Summary: The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management

Now that the internal communications person (i.e. PR) is out and things are heating up against the EPO Vice-President (never mind Benoît Battistelli, the EPO President), the corporate takeover of the patent system in Europe can be slowed down. We have just learned from this European patents maximalism blog that "Philips is among the top-10 Patent Cooperation Treaty (PCT) applicants and the top-3 European Patent Convention (EPC) applicants. Owning about 64,000 patents and filing approximately 1,500 patent applications each year (with a strong focus on the growth areas of health and well-being), much is at stake for the company with the introduction of a Unified Patent Court (UPC) and the Unitary Patent (UP). Philips’ principal IP Counsel Leo Steenbeek told Kluwer IP Law in an interview he hopes financial demands of UP member states won€´t lead to unrealistic high renewal fees. Philips won’t opt-out patents when the UPC starts functioning."



This helps remind us who the EPO really serves. It has become a "protection" apparatus for large corporations, largely at the expense of citizens of Europe. The Unified Patent Court would enable huge corporations to sue a lot of rivals or intimidate them. It would also help patent trolls.

Several months ago a source sent us some information about the neglected Article 4a of the European Patent Convention (EPC), which might be of interest. Article 4a of the EPC deals with very fundamental rules. If any rule it is violated, then there is legal basis on which to file complaints.

As our source put it: "Another example of how the current EPO management (meaning Battistelli and the Administrative Council) has managed to avoid political oversight can be seen by consulting Article 4a of the European Patent Convention according to which: "A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system."

"This Article," explained our source, "was introduced into the revised version of the EPC (“EPC 2000”) which entered into force on December 13, 2007.

"However, despite the statutory requirement to hold a ministerial conference at least once every five years, no such conference has been convened since the entry into force of the revised EPC in 2007. The first five year period expired on in December 2012, i.e. on Battistelli’s watch. (He was appointed EPO President in 2010.)"

This would not be the first time that Battistelli dodges or eliminates oversight, as we showed numerous times before. "If you can read French," said our source, "it may be worth having a look at an interview Battistelli gave to a French magazine in 2012.

"In this interview he boasts (in French) of the “independence” that he enjoys as EPO President." To quote the interview: €«Je n'ai jamais été aussi libre, insiste-t-il. Je n'ai pas de ministère de tutelle, de Parlement, de gouvernement. C'est nous qui fixons les règles, les discutons, les négocions.€»

In English: “I have never been so free, he insists. I have no supervisory Minister above me, nor any Parliament or government. It is we who discuss, negotiate and decide on the rules.”

In other words, he has got himself a tyranny. He does not even need to obey rules. "The “we” referred to here seems to mean Battistelli himself and the AC," remarked our source. As we have demonstrated time after time, the Administrative Council is basically in cahoots rather than independent from Battistelli. It's a banana republic's status quo.

"However," he said, "as can be seen from Article 4a EPC, Battistelli’s arrogant boast that he is not subject to any oversight by ministerial or governmental authority betrays a serious misunderstanding of the legal framework established by the revised EPC.

"Obviously, the intention behind article 4a is to provide for some measure of political oversight of the EPO at ministerial level. It is only by ignoring this provision, i.e. by not taking any measures to convene a ministerial conference despite the statutory requirement to do so, that the EPO President and the AC have been able to evade this kind of political oversight."

"We wish to revive the petition, preferably not just from Croatia."The rejected complaint (in the form of a petition) to the European Parliament is worth revisiting in this context, given that some European politicians continue to pursue action against the EPO. We wish to revive the petition, preferably not just from Croatia. There is a certain stereotype and a myth that Topić and his ilk exploit; it's the myth only Croats are upset at Topić, supposedly because of envy. We need more involvement from people outside Croatia and by providing information in English we hopefully make more people aware of the issues and thus more able to communicate them. Any such communication in support of the previous petition from members of the general public could be useful to encourage the Petitions Committee to investigate the abuse as it would indicate to the Committee that there is a public interest in the issues raised by the Petition outside of Croatia (from where the original petition originates).

We have already written several times about the first petition calling for an independent investigation of Topić's appointment. The petition was submitted to the European Parliament by a Croatian NGO called Juris Protecta. It stated that an independent (outside) investigation was needed, but none ever took place, even two years later. The petition goes back to 2013 and the reference number for the petition was (and still is) 2848/2013. The original petition contained a request for confidential treatment. This request for confidential treatment was subsequently withdrawn which means that the petition is now a public document. In the mean time, Vesna Stilin (another Croat) had submitted an application to join the Petition as a co-petitioner and she was taking other actions to address these matters, as mentioned in several older articles of ours. The previous meeting of the Petitions Committee of the European Parliament was scheduled for 11 November 2014 and the next one is at the end of this month, so there may be time to submit new petitions, something along the lines of the following words of ours (please don't just copy). Here is some draft text which could be used as a basis for communicating and conveying thoughts to the Petitions Committee:

Dear Sir/Madam,

I/we refer to Petition 2848/2013 [1] which has been filed with the Petitions Committee of the European Parliament and which calls for an independent investigation of the appointment of Mr. Željko Topić as a Vice-President of the European Patent Organisation. In December the petition was rejected not because it lacked merit but because it was claimed to be within the responsibility of other departments. This response is deeply problematic because the nature of the petitioner's concerns and the core complaint is that those other departments have been gagged, suppressed, or even abolished by those who are supposed to be overseen. That, as some may argue, is how Topić got into his position in the first place. It means that the European Parliament is the last resort and the only body able to engage in a potent investigation. The European Parliament should consider revisiting these issues, among more issues such as the violation of the European Patent Convention (EPC) [see/refer above].

I/we hereby wish to express my/our support for the 2013 Petition and suggest that a new, more extensive investigation into these matters in undertaken. I/we would be grateful if you could acknowledge in due course that my/our support for the Petition has been registered with the Petitions Committee.

Yours sincerely,

[name/org]

___ [1] Ref: Petition No. 2848/2013 filed by Juris Protecta (Croatia).


This is just a suggested draft for a letter to the Petitions Committee of the European Parliament to express support for Petition No. 2848/2013 calling for an independent investigation of the appointment of Mr. Željko Topić as a Vice-President of the European Patent Organisation. We urge for expansion of the original complaint/petition, either by citation or by filing of a new petition (clarifying that it is a followup), as a lot more is known now than was known back in 2013. The European Parliament should be able to find plenty of relevant information in French, German, and English. Benoît Battistelli is quickly moving to crush any kind of oversight and if the European Parliament continues to refuse to intervene, it too would lose legitimacy and potentially be seen/perceived as complicit. Members of the European Parliament need to understand that.

For the moment we don't know whether or not the petition 2848/2013 will ever be the agenda again. It might therefore be worth filing a fresh petition. We would like to point out here that, in principle, any EU citizen who is interested in this matter can write to the Petitions Committee to express support for petitions. Maybe some of our European readers would take leadership on this matter. Other readers would hopefully be interested in expressing their support for the petition or submitting a new one. Some contact details for the Petitions Committee are as follows:

Chairperson

Vice-Chairpersons



Secretariat of the Committee on Petitions

Postal Address

Petitions Committee European Parliament 60 rue Wiertz / Wiertzstraat 60 B-1047 - Bruxelles/Brussels BELGIUM

If you do choose to communicate with a petition, please consider sharing some information with us in the comments below, e.g. a reference number. Organising the action would make it more effective.

Recent Techrights' Posts

Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
 
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025