Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?

Series parts:

  1. The EPO's Overseer/Overseen Collusion — Part I: Let the Sunshine In!
  2. YOU ARE HERE ☞ A “Unanimous” Endorsement?


EPO President Benoît Battistelli, Principal Director Elodie Bergot, Vice-Presidents Željko Topić and Raimund Lutz
The EPO senior management team responsible for the drafting of the "Strike Regulations".
Clockwise from top left: Office President Benoît Battistelli, Principal Director Elodie Bergot, Vice-Presidents Željko Topić and Raimund Lutz.



Summary: Battistelli's illegal "Strike Regulations" didn't materialise without help from other people; looking back, we learn how those unlawful provisions came about and who's accountable for them

The EPO "Strike Regulations" which were recently struck down by the ILOAT were drafted by Battistelli's "Human Resources" management team.



At the time in question the EPO's HR Department was controlled by the notorious duo of Principal Director Elodie Bergot and Vice-President Željko Topić.

"...this meeting of the Council was also used by Battistelli to present the delegates with the outcome of an "internal investigation" conducted for the purpose of whitewashing his Croatian bulldog, Željko Topić."But it's important to realise that the "Strike Regulations" drafted by the EPO's senior management team would never have come into effect without the complicity of the Administrative Council at its 136th meeting which took place in Munich on 26 and 27 June 2013.

By a curious coincidence - as previously reported by Techrights back in 2015 – this meeting of the Council was also used by Battistelli to present the delegates with the outcome of an "internal investigation" conducted for the purpose of whitewashing his Croatian bulldog, Željko Topić.

"These documents allow us to obtain a better picture of what went on at the meeting, in particular the details of the deliberation and vote on the proposed "Strike Regulations"."At the time in question, Topić was the subject of a series of allegations connected with his former position as head of the Croatian State Intellectual Property Office. A lot of awkward questions were being asked about his EPO appointment and Battistelli was keen to silence the critical voices.

The 2015 Techrights posting about Battistelli's whitewash of Topić includes copies of the official minutes [PDF] of the June 2013 Administrative Council meeting and the associated "Summary of Decisions". [PDF]

These documents allow us to obtain a better picture of what went on at the meeting, in particular the details of the deliberation and vote on the proposed "Strike Regulations".

The composition of the Administrative Council as of May 2013 - i.e. directly prior to the 136th meeting - was published in the EPO's Official Journal (OJ).

In some cases the delegates listed in the OJ did not attend the meeting but were replaced by their alternates. This is normal practice when delegates have conflicting engagements.

The list of actual attendees at the 136th Council meeting can be found in the official minutes [PDF] of the meeting.

It's worth mentioning in passing that António Campinos also attended the meeting as an observer in his capacity as then head of the EU's trademark agency OHIM/EUIPO in Alicante.

From the minutes of the meeting it can be seen that one senior member of Team Battistelli played a key role in persuading the Council to vote in favour of the proposed "Strike Regulations".

"It's worth mentioning in passing that António Campinos also attended the meeting..."This was the Vice-President Raimund Lutz who was head of the Directorate of International and Legal Affairs.

Lutz was regularly used by Battistelli for the purpose of duping the Council delegates into rubber-stamping all sorts of questionable measures and at the same time dissuading them from asking too many awkward questions.

So it was very much "business as usual" when Lutz was wheeled out at the 136th Council meeting in June 2013 in order to assure the delegates that the proposed "Strike Regulations" were good to go and could be waved through without the need for any further discussion.

Lutz informed the delegates that the new regulations "had been proposed considering general legal principles, European rights and ILOAT standards".

"Lutz was regularly used by Battistelli for the purpose of duping the Council delegates into rubber-stamping all sorts of questionable measures and at the same time dissuading them from asking too many awkward questions."It's worth pointing out that he never actually claimed that the proposed measures were in conformity with "general legal principles, European rights and ILOAT standards" – he only said that these principles, rights and standards had been "considered" when drafting the regulations!

It is not without reason that Lutz has been described as a "veritable virtuoso of legal sophistry".

Role of EPO's Vice-President Raimund Lutz
The EPO's "virtuoso of legal sophistry", Vice-President Raimund Lutz, helped to "persuade" the Council delegates to rubber-stamp the proposed measures.



Both the official minutes and the "Summary of Decisions" contain a record of the vote on the adoption of Battistelli's "Strike Regulations".

Record of the Administrative Council vote
Record of the Administrative Council vote on the adoption of Battistelli's "Strike Regulations".



From this it can be seen that out of a total of 38 delegations, only 35 actually voted.

This means that 3 delegations did not even bother to take part in the vote.

"...3 delegations did not even bother to take part in the vote."Of the 35 delegations that participated, 28 voted in favour and 7 abstained.

Article 35 (4) of the European Patent Convention specifies that abstentions "shall not be considered as votes".

"In the coming parts we will take a closer look at the members of the delegations..."This means that - according to the official narrative - the proposed measures were adopted "unanimously" with 28 votes in favour.

In the coming parts we will take a closer look at the members of the delegations and how they did - or did not - vote on that occasion.

Recent Techrights' Posts

[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
 
[Meme] Canonical Has Basically Become Novell II
Today's Canonical...
While Everyone is Furious at Vista 11 (Over TPM, Recall and Other Malicious 'Features') Canonical is Selling It to People
So the only thing Canonical says about Windows is that you should give it a try?
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
Covering Abuses and Corruption
We'll never surrender to blackmail
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day