Bonum Certa Men Certa

If EPO “Form of Thinking Were to be Followed, Guantanamo on German Soil Would be Possible.”

Siegfried Broß (below) previously defended the defamed judge whom Battistelli suspended if not dismissed in spite of supposed independence

Siegfried Broß
Image courtesy: campact.de



Summary: The EPO is still under fire, but a lot of it happens behind the scenes and involves lawyers and/or bureaucrats

The "EPO very silent at the moment," one person told us yesterday, "what will be the next move? Be prepared!" Well, based on what we know, as few press reports already gradually reveal, there are lawsuits on their way. The defamed judge too seems to be among those who fight back against Caesar Battistelli, who obviously thinks he is above the law and openly brags about it.



"Not even police in Germany or Dutch special forces can go into EPO premises -- as strange as it may sound."Not much is publicly known about these lawsuits. We don't know how many people are involved, how many people will be named as defendants, how many pertinent lawsuits there are and so on, but we assume that preparation for this is probably keeping SUEPO officials busy and we might soon know more about the basis of the complaints and who is being legally targeted, as the EPO itself is almost immune from lawsuits (my lawyer told me so after the EPO had SLAPPed me and some EPO applicants told me they wished to sue the EPO but didn't know how because of its outrageous immunity). For instance, doing a search at the EPO (subpoena) requires prior permission from management. Not even police in Germany or Dutch special forces can go into EPO premises -- as strange as it may sound. Not even embassies enjoy the same protections which Team Battistelli now flagrantly abuses. The EPO is like Camp X-Ray and suicides oughtn't be much of a surprise. There is some resemblance to be found there to the UN or WIPO, which is connected to the UN, mostly because it’s chaotic in the legal sense (there are virtually no legal protections for workers).

As this new article from IP Watch puts it this week (yesterday): "To date, there is no consolidated reference text on WIPO’s governance" (and in the EPO there are special rules that are kept secret as they override national/international laws).

"Here we have again, as was the case two months ago, Siegfried Broß comparing the EPO's legal status to that of Guantánamo Bay."In his latest blog post, Battistelli, who tried to work for WIPO (he lost to Gurry), cites the WIPO in an effort to gain some legitimacy. It comes amid relative calm, even though Bavarian/German press evidently continues to cover the situation at the EPO (direct link to the video). Moreover, SUEPO has just prepared a translation of “Patentamtsstreit beschäftigt auch Audi”, which it says was published "only in paper version." Here we have again, as was the case two months ago, Siegfried Broß comparing the EPO's legal status to that of Guantánamo Bay. It alludes to some of the aforementioned points.



DONAUKURIER 20 APRIL 2016

FORMER CONSTITUTIONAL JUDGE SIEGFRIED BROSS ON THE EPO



Mr. Bross, over the past few months the EPO has been hitting the headlines with a large number of labour law disputes. You are seen as a major critic of the organization. Why is that?

Siegfried Bross: The EPO is the central authority for the protection of patents in Europe. However, it suffers from an underlying flaw in its structure, which slipped in when it was established. It is a creation of a combination of states, and its immunity was recognized. That in itself is in principle not a problem, but within the EPO an entirely autonomous legal system has been created, which is not based on any effective system of checks and balances.

What does that signify?

Bross: The Patent Office is detached from national systems of law. That has two consequences which are not acceptable in the context of a state governed by law: On the one hand, as can be seen at the present time, there is no legal protection for the workforce. On the other, there is no legal protection either for patent applicants. There are only the Boards of Appeal at the EPO, which are both officials and judges in one, and which, moreover, are subordinate to the President. Anyone who comes to grief there has no further recourse. Nor is the Office subject to any parliamentary monitoring or control.

How could the constitutional arrangements be structured so as to avoid such problems?

Bross: Either a new court would have to be established inside the Patent Organization, which would be independent of the President, or the legal protection would have to be assigned to one of the states where it has a domicile, such as Germany.

In your view, then, the structure as it exists up to now is not reconcilable with applicable law?

Bross: It contravenes the European Convention on Human Rights, because the 38 Member States cannot ensure the status of a state governed by law. It is a basic principle of human rights that states cannot rescind their responsibility to uphold human rights. This means that the organization should never have been established in the way it was. The combining of administrative and legislative power in one entity is unacceptable. The position of the President contradicts all basic principles of the democratic state governed by law, and the EPO has by now essentially gained autonomy. I have repeatedly said, if this form of thinking were to be followed, Guantanamo on German soil would be possible.

In the attempt to make the Office more efficient, have the states lost sight of the clients and the staff?

Bross: The focus on cutting costs and higher yield from fees have nothing to do with the task of the EPO. The procedures of issuing patents, the aim of which is the protection of intellectual property, are an absolutely inviolable right for the economy. It is a fundamental task of the patent authority to ensure that there are sufficient personnel available for the thorough examination of patents.

Siegfried Bross was a judge at the Federal Constitutional Court from 1998 to 2010. The interview was conducted by Daniel Wenisch. Archive photo: Deck/dpa



As noted in about a dozen recent daily links in Techrights, lawsuits over torture at Guantánamo Bay have just been given the go-ahead (rather unprecedented a development). The people behind torture techniques may be dragged into court. Let's hope the same happens to the EPO's management.

"Just watch what monsters Raimund Lutz, for instance, has come to serve."Working for the EPO as a legal personality (at any capacity) does not legitimise one's career or improves one's credibility at this point (unless one is past retirement age, in which case it hardly matters, as is the case for Battistelli and Minnoye). Just watch what monsters Raimund Lutz, for instance, has come to serve. Don't worry, he's paid well for this. According to this news update, Justice Arnold too joins the team (probably tempted by big money and power), albeit he'll be serving the Enlarged Board of Appeal, which is no friend of Battistelli (recall this letter). As IP Kat put it yesterday: "First, the IPKat learned from CIPA that Mr Justice Arnold has been appointed to the Enlarged Board of Appeal of the European Patent Office. The IPKat understands that he is to replace Lord Justice Floyd, who has been the UK external member of the Enlarged Board for some years. One or two external members of the Enlarged Board are included in the panel in cases where there is a referral to the Enlarged Board by an EPO Board of Appeal or the EPO President, and the scope of the matter extends beyond the internal administration of the EPO. Such cases are relatively rare (single numbers per year) and there are over 20 external members, the IPKat does not imagine that Mr Justice Arnold will be having to jet over to Munich very frequently."

"The next few weeks may be interesting when it comes to the EPO."In other news, MIP continues writing about the UPC as though it's definitely coming, irrespective of all the barriers. To quote the summary: "How might a clearing-the-way case proceed once the UPC is in force? In the latest article in our series, David Rose, Nina O’Sullivan and Axel Walz consider the options for a patent challenger who wishes to launch a competing product" (there are already scenarios for this in the existing system, so the UPC solves a problem which does not at all exist, unless you're a multinational company that's not even European).

The next few weeks may be interesting when it comes to the EPO. We have mostly omitted all the "Inventor" propaganda which comes out of the EPO these days, even urging people to double-vote and calling in "media partners" like French papers (it's the same one again) and hoping they won't notice the poor record of finalists' selection.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day