Bonum Certa Men Certa

European Commission's Thierry Breton Covers Up EPO Corruption For His Friend Benoît Battistelli

Breton-Battistelli relationship

Summary: Thierry Breton is the sort of official who causes people to vote for Brexit (or similar exits from the EU); he's enthusiastically defending EPO corruption and he also calls for constitutional violations in many member states -- all in the name of patent maximalism (Team UPC's coup attempt)

THIS morning SUEPO published links to these two replies from Mr. Breton, who not only promotes the constitutional violations of the UPC for his friend Benoît Battistelli (we'll come to that later). He's also giving non-answering 'answers' to formal queries from Clare Daly (GUE/NGL).



"The lack of real answers to these questions means that the EU too is indirectly implicated and responsible for EPO abuses, at least by turning a blind eye to them."As expected, he has nothing of substance to say because just like António Campinos his role is to cover up EPO corruption, not to look into it. The lack of real answers to these questions means that the EU too is indirectly implicated and responsible for EPO abuses, at least by turning a blind eye to them.

For the record (not that those answers really say anything of substance), here's what he wrote back:

Parliamentary questions

15 September 2020 E-003298/2020(ASW)

Answer given by Mr Breton on behalf of the European Commission

Question reference: E-003298/2020

The European Patent Organisation (‘EPOrg’) is an independent intergovernmental organisation. While Commission representatives attend the meetings of the EPOrg Administrative Council as observers, the Commission does not participate in any decision-making regarding the management of the EPO, or of any EPO/EPOrg committee, body or other organ.

This applies in particular to financial matters, which are mostly debated and decided in a confidential manner, as ‘C’ points in the meetings of the Administrative Council, which observers are not allowed to attend.

As a consequence, while the Commission was aware of the setting-up of the EPOTIF fund and of certain concerns that have been expressed in its respect, it is not in a position to comment on, and even less so to influence, the way in which this fund is regulated and managed, let alone its very existence. In this regard it may be noted that there are no financial rights, obligations or other links between the Commission and the EPO(rg).

The Commission is fully confident that the EU Member States, in their capacity as members of the EPOrg’s Administrative Council, are paying proper attention to the financial issues related to the management of the EPO, including the EPOTIF.


Parliamentary questions

15 September 2020 E-003299/2020(ASW)

Answer given by Mr Breton on behalf of the European Commission

Question reference: E-003299/2020

The European Patent Organisation (‘EPOrg’) is an independent intergovernmental organisation. Its Administrative Council is responsible for overseeing the operations of the European Patent Office (‘EPO’).

While Commission representatives attend the meetings of the EPOrg Administrative Council as observers, the Commission does not participate in any decision-making regarding the management of the EPO, or of any EPO/EPOrg committee, body or other organ. In addition, observers are not allowed to attend the discussion on a number of sensitive issues, such as financial matters.

That being said, the Commission is supportive of the efforts of the EPO to improve its governance mechanisms, as described in the ‘Strategic Plan 2023’(1) adopted in June 2019. Particularly appreciated is the EPO’s intention to establish ‘a comprehensive framework for cooperation with the EU Commission’. As regards auditing, it may be noted that a Board of Auditors is still operating in accordance with Article 49 of the European Patent Convention(2); therefore, the disbandment of the EPO Audit Committee in June 2011 does not, as such, jeopardise the auditing requirements defined by the European Patent Convention.

While the Commission is aware of the new intentions of the EPO regarding governance and auditing, which indeed entail certain changes compared to the past mechanisms, the Commission is not in a position to comment on, and even less so to influence, the related decisions and arrangements.

That being said, the Commission is fully confident that the EU Member States, in their capacity as members of the EPOrg’s Administrative Council, are paying proper attention to the governance and auditing issues related to the management of the EPO.

_____ (1) http://documents.epo.org/projects/babylon/eponet.nsf/0/2217f5b7cc07d47cc125841c00610386/USD FILE/EPO_Strategic_Plan_2023_en.pdf (2) https://www.epo.org/about-us/governance/administrative-council/auditors.html


Both references just parrot the EPO itself.

And from SUEPO's site:


We would like to inform you about the questions and answers raised in the European Parliament about the EPO.

You can find the links here:

EPOTIF






Audit/Governance





Those answers show that the EPO completely lacks oversight, not just from the Administrative Council but also the European Commission (and by extension the Union). This is a recipe for disaster. They're eager to even violate constitutions of European member states.

As somebody noted the other in a comment at IP Kat (regarding "European Commission unveils new IP Action Plan"): "So looks like the EU Commission is now basically telling the member states to go ahead with implementing the UP: "The unitary patent system will become effective with the entry into force of the UPCA. With the ratification process now on track following the resolution of the constitutional complaint before the German Constitutional Court, it is now expected that that the new system could start operating in 2022, following the ‘provisional application period' that should start in 2021. Thus the Commission is calling upon Member States for a rapid roll-out of the Unitary Patent System." Cynics who were of the view that the UP was being delayed simply to get the UK out of the door before its implementation will not find much in this to disprove their pre-existing views."

That sort of misses the point that Breton and now the European Commission basically act like agents of the EPO cabal -- the people who rob the whole institution and carry out a coup for litigation firms and patent trolls.

Recent Techrights' Posts

Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
 
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024
Gemini Links 13/04/2024: SEO Spam and ‘Broadband Nutrition Label’
Links for the day
Gemini Links 13/04/2024: GmCapsule 0.7 Released
Links for the day
Links 13/04/2024: Whistleblowers, OpenAI and Microsoft Leakers
Links for the day
'Our' Technology Inside the Home is Becoming Less Reliable and It Implements the Vision of Orwell's '1984' (Microphones and Cameras Inside Almost Every Room)
Technology controlled by who exactly?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 12, 2024
IRC logs for Friday, April 12, 2024
Google, FSFE & Child labor
Reprinted with permission from the Free Software Fellowship
Links 13/04/2024: Huawei and Loongson PCs, IBM Layoffs
Links for the day
Gemini Links 13/04/2024: Specification Changes and Metaverse Newbie
Links for the day