Bonum Certa Men Certa

Benoît Battistelli's EPO Comes Under Fire From Prominent Figures Who Are Key EPO Stakeholders, Expect Battistelli to Resign 'in the Longer Term'

Summary: The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court

THE Dutch media is cracking down on Benoît Battistelli and his authoritarian regime (more on that in days to come). Dutch solicitors too are growing impatient, realising perhaps that the EPO and the Dutch system both lose legitimacy because of Battistelli. Two days ago Dutch News called the EPO's notorious work atmosphere (that induces suicides) ‘reign of terror’ and wrote that "The European patent office in Rijswijk came under fire in the Dutch media this weekend after claims the management operate a reign of terror. The Volkskrant said on Saturday that many staff have psychological problems. ‘The pressure of work has gone up enormously and colleagues are becoming desperate,’ one source told the Volkskrant. The organisation has become a bastion of fear, the source said. The low point came in 2013 when a young colleague killed himself while at work, the source said. There has never been an investigation into the death but other workers suspect the unreasonable pressure played a part. The organisation has refused to allow the labour inspectorate to look into working conditions at the EU institution and its president, Benoît Battistelli, told the NRC the inspectors have ‘no reason to intervene’." The article also refers to the Dutch saga which we intend to cover in a much greater level of detail very soon (a lot to catch up with and prepare for publication, including more than a dozen PDFs).



Pors WouterBattistelli has landed himself in yet more of a scandal (a path of scandals) when he chose to discredit, ignore and even stomp a Dutch court's decision. One of the latest postings on the "Kluwer Patent Blog" is titled "Behavior of Benoît Battistelli is bad for the EPO’s reputation". Written by the widely-respected and highly-regarded Wouter Pors (secretary of the Dutch group of AIPPI), it says the following: "The behavior of EPO president Benoît Battistelli is bad for the reputation of the European Patent Office and may in the longer term force him to resign. Wouter Pors, IP practitioner of Bird & Bird, said this in an interview with Kluwer IP Law, on the occasion of a recent decision of the Dutch appeal Court in The Hague.



"The so-called Gerechtshof found that the EPO is violating the European Treaty on Human Rights by blocking mails from the labor unions and by limiting the workers’ right to strike. The Court said that regardless of the question whether the EPO is an autonomous international organization with its own legal order and staff policy, and which in principle enjoys immunity from the jurisdiction of Dutch courts, this autonomy cannot encompass/include the right to violate fundamental European rights (…) without offering parties such as the unions any legal remedy."

"Battistelli reacted with fury. He was quick to announce that the judgment was ’neither legally admissible nor practically enforceable’ and nothing would change at the EPO. Apart from that, he thought it ‘unfortunate that such a dangerous development was initiated and encouraged by an union whose first aim should be to preserve the fundamental interests of the staff and the Organisation’. Battistelli must have felt reassured by the Dutch minister Opstelten, who announced that as the EPO was ‘immune from execution’, there would be no action from the authorities in the Netherlands.

"The way Battistelli talked about the Court was very inappropriate, according to Wouter Pors. ‘You cannot say this. It amounts to saying “the judge is crazy”! That is disrespectful and contrary to fundamental principles as laid down in Art 4 of the Treaty on the creation of the European Union, that members of the EU should respect each other’s institutions. 28 out of the 38 EPC members are also members of the European Union. They cannot accept such disrespect towards one of their courts.’"

"This is not going to help Battistelli. He is under fire from many directions right now. "Here is some background information about Wouter Pors. Bird & Bird says "Wouter Pors leads the IP group, and has a broad practice covering patent, copyright and trade mark litigation."

This is not going to help Battistelli. He is under fire from many directions right now. Even pro-patents circles are tired of him. They want him out.

Meanwhile, according to some sources, "Luxembourg parliam[ent] today approved #UnifiedPatentCourt Agreement unanimously! main discussion was languages/costs." The FFII's president wrote back that "Luxembourg ratified the unipat today, time to work on an appeal. Anyone knows the delay to file an appeal?" The FFII's Ante Wessels recently warned that the "International investment court plan threatens our democracy". That's what it's all about really. It's an attack on democracy in Europe. Battistelli plays a considerable role in it.

The EU patent package that we have been covering for years and chastising repeatedly is back in the headline (as mentioned here a week before the news from Luxembourg) and professors are raging while Wouter (above) responds. Wouter Pors writes something titled "Law professors petition against the Unitary Patent Package – but are the arguments correct?" (c/f professors' petition [PDF])

One sure thing is, there is a lot of shakiness in the European patent system right now. Corruption, abuse, oppression and censorship are just some of the elements at play. This cannot endure; change is imminent.

Recent Techrights' Posts

Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
 
Links 16/02/2025: Oligarchs "Collect Your Data and Control Your World", Global Temperatures Shoot Up
Links for the day
Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025