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Media and Staff Association Elections at EPO and WIPO Are Compromised


Knocking down two essential pillars of a modern democracy

Separation of powers
“Freedom of the Press,
if it means anything at all,
means the freedom
to criticize and oppose”

–George Orwell

Summary: A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality

WIPO is a tool of mega-corporations which is neither international nor fair. Its attacks on media recently got the attention of some media that had hitherto more or less ignored WIPO scandals — in the same way that a lot of media still ignores many EPO scandals. It often seems that the media starts caring — at least a little — only when it too comes under attack (basically for doing its job).

The failure of ILO and the EPO (further to our previous post) is part of a broader problem which I first became familiar with half a decade ago. There is no access to justice. People at the UN told me so and shared documents to support these assertions. It has gotten so bad that they now bully the press with impunity (ILO could, in theory, attempt to bully bloggers) and citing all sorts of articles such as this, SUEPO took note of WIPO’s abuses (also UN), citing a several pages long PDF about the latest at WIPO. See the article “WIPO Boss Seeks to Silence Press Critics and Whistleblowers” — a report which starts with some background:

On January 25, 2017 the Staff Association of the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations (UN) headquartered in Geneva, demonstrated to protest the recent actions of Francis Gurry, the agency’s Director General. Unhappy with the duly-elected Staff Association Council, Gurry organized his own elections and simply replaced the legitimate Staff Council with his preferred slate of officers.

Besides the obvious problem of management selecting candidates for Staff Association elections, there were apparently numerous irregularities manifest in this process, and the duly-elected Council of the Staff Association is pursuing legal remedies. These take time, however, and in the meantime, Gurry’s preferred slate has taken over the offices and functions of the legitimate officials.

The “problem of management selecting candidates for Staff Association elections,” as the above puts it, is already a reality at the EPO. There is veto power for management when it comes to staff representation and even the disciplinary committees are controlled and composed indirectly by Team Battistelli, assuring that justice will be just a mirage. At the EPO, the Central Staff Committee is going to change pretty soon and “most people are too frightened” to stand for election, an insider recently told us.

When the media loses its voice and staff too loses its voice we are left to deal with autocratic entities. When these are disconnected from national laws, i.e. enjoying immunity, what we have is a “toxic mix” or “dangerous cocktail”. That’s what Gurry and Battistelli both pursued separately and actually got at the end. Who will end this? Can ECHR put an end to that?



Source link: http://techrights.org/2017/05/21/epo-and-wipo-vs-separation-of-powers/

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EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?


As with most headlines that have question marks in them, the answer might be “no” (with caveats)

Summary: Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)

WE are still on holiday (11,000KM from home), but we continue to receive new EPO leaks. Sooner or later we expect a lot of the ugliness to come out and be made public. But is this enough to save the EPO? Well, that depends on what “saving” means. Battistelli’s policies are going to make a lot of staff redundant and also cause great pain to European businesses (especially the smaller ones, i.e. the vast majority).

“The motion to fire Battistelli,” Petra Kramer wrote some days ago, “has been rejected, the motion evaluate the limits of immunity has been adopted.”

If Battistelli lost his immunity, that might serve to bring some justice, but is it not too late? Time is running out.

As SUEPO noted, workers’ bodies speak out about the European Court of Human Rights, but they never had any concrete/real leverage over Battistelli. He just ignores everyone who does not agree with him and if/when he can, he punishes too (firings, demotions, mental torture etc.). EPO has become like a consulate of Turkey in Bavaria, complete with its own sultan. Nominations for the Central Staff Committee closed about 5 days ago and only the brave ‘dared’ apply. No wonder…

“Two staff unions at the European Patent Agency,” said one statement, “filed a complaint against the Netherlands with the European Court of Human Rights (ECtHR) for violation of article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.”

Another said: “The long-running conflict at the European Patent Office (EPO) over abuses of worker and trade union rights is now heading to the European Court of Human Rights (ECHR). SUEPO, the trade union at the EPO has filed a complaint against the Netherlands for failing to protect workers. The courts there ruled that Dutch law has no jurisdiction leaving the workers in a legal limbo. The workers have been supported by the FNV trade union and the matter has been taken up in the Dutch parliament.”

There is also this new PDF in SUEPO’s Web site, published several days ago to say:

Amsterdam 8 May 2017 – Today, two staff unions at the European Patent Agency, VEOB and SUEPO, filed a complaint against the Netherlands with the European Court of Human Rights (ECtHR) for violation of article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.

The European Patent Organisation (EPO), which is located i.a. on Dutch territory, is infringing on the right of the unions to take collective action and to enter into collective negotiations. These are internationally recognized rights that are also guaranteed by article 10 (right to freedom of expression) and article 11 (right of freedom of assembly and association) of the ECHR. For years now, there has been a culture of intimidation by EPO-management that has severely affected the work environment. The EPO is making it impossible for the unions to effectively serve the interests of their members. Though an organization like the EPO ordinarily enjoys immunity from jurisdiction, this does not apply if the unions do not have an effective legal remedy through which to (internally) address the problems. According to standard ECtHR-case law, a national court can them assume jurisdiction.

In its judgment of 15 February 2015, the Appeals Court in The Hague held that the unions in and of themselves did not have an effective legal remedy within the EPO. The Appeals Court assumed jurisdiction and then ruled largely in favour of the unions. The EPO filed a cassation appeal, primarily in light of the dismissal of its immunity claim. The State of the Netherlands joined the cassation procedure as a party on the side of the EPO. In its judgment of 20 January 2017, the Supreme Court ruled that EPO enjoys immunity from jurisdiction after all. The consequence of this verdict for the unions is that they do not have a true legal remedy by which to address the violations of their ECHR-rights.

As state party to the Convention, the Netherlands is obliged to ensure that the ECHR is safeguarded on its territory. As this is impossible in the light of the Supreme Court judgment, the Netherlands is violating article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.

The unions are represented by lawyer Liesbeth Zegveld.

There is some additional press coverage from what is typically a SUEPO-hostile site:

The Staff Union of the European Patent Office (SUEPO) has brought the Netherlands to the European Court of Human Rights amid rising tensions and alleged abuse at the EPO.

In a blog post on 9 May, SUEPO said that it previously sought protection from the Dutch courts in the form of an injunction to prevent the violation of EPO workers’ rights.

But the Supreme Court of the Netherlands upheld the EPO’s immunity, failing to “discharge their duty of care, thereby allowing a breach of fundamental rights on their soil and de facto condoning, if not endorsing, the EPO’s abuses”.

We have some new leaks coming and these ought to demonstrate not only why ECHR should take on the case but also why immunity must be removed and ILO be subjected to greater scrutiny. The deeper we look at this whole situation, the easier it becomes to see that ILO’s Administrative Tribunal is part of the problem. It gives the illusion of access to justice — something that it never delivers. ILO might as well tell the truth to Dutch authorities and ECHR; it has absolutely no control over labour rights at the EPO and at this stage, as a mater of urgency, immunity must be removed and Team Battistelli held accountable for very serious abuses, either as professionals or as civilians.

ECHR cases can take years to deal with (up to 3 years, their Web site states); that’s longer than it will take for Battistelli to totally destroy the EPO, culminating in mass layoffs. We don’t ever know what will be left of SUEPO and VEOB by that stage.



Source link: http://techrights.org/2017/05/20/saving-epo/

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Patent Laws — and Especially Eligibility of Software Patents — Are Being Hijacked by Large Corporations and Their Front Groups


Almost literally buying the laws and/or buying politicians

Assocham

Summary: Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done

The patent microcosm, led by IBM again, wants to bring back software patents to the USPTO and as we noted here some days ago, they play a dirty political game, now aided by AIPLA, Microsoft, IBM and a panel stacked with patent parasites. It’s obvious what they want to accomplish and who for. It’s obvious at whose expense. As we predicted, it didn’t take Microsoft too long to push for software patents along with IBM. They want to blackmail smaller, vulnerable software businesses. They want to make money out of nothing.

At the same time in India Assocham (friend of Microsoft) lobbies for software patents in spite of the ban. This was posted some days ago:

Associated Chambers of Commerce & Industry of India (ASSOCHAM India) in a recent letter has urged Prime Minister Modi to amend the 2016 Guidelines on Computer Related Inventions (CRI Guidelines) to allow for software patents to be granted in India. The letter raises concerns that the present CRI Guidelines which do not permit patentability of software adversely affect innovation by start-ups and also hit investments in the ICT sector. It further argues that software patents are granted in countries abroad, and by not permitting software patents, the CRI Guidelines are not aligned to the Digital India initiative. At present, the Indian Patents Act and the CRI Guidelines prohibit patents on software. However, software patents have in fact been granted recently by Indian Patent Offices to companies like Google, Apple and Facebook. This leads one to question whether patents on software are indeed denied in India (as argued by ASSOCHAM) or are patent offices in India inclined to grant software patents in spirit.

The point of the matter is, patent bullies are very eager to overturn the trend and spread software patents all around the world. The same is happening at the EPO. Earlier this week we learned that: “A trade agreement that says anything about the patent-eligibility of “computer-implemented inventions” (= software) would go beyond EU law.”

“These corporations are totally out of control. They inflict great pain and do damage to software developers.”So they try to overcome the law itself. These corporations are totally out of control. They inflict great pain and do damage to software developers.

Exposure to the sad reality of patent trolls and hearing the stories of their tormented casualties can really motivate one to not only pour all energy into reactionary activism but even lose sleep over it. I have, over the years, seen lives almost literally ruined or destroyed by EPO management and sometimes the same is true for victims of patent trolls — people to whom mere concepts have become a paralyzing experience which drains all energy and also any hope. There is a lot of under-appreciated suffering underlying or surrounding this system of protectionism — suffering that no words can easily express. People lose their minds over it and occasionally suffer mental breakdowns. The burden of justification herein is on those who unconsciously ignore the consequences of their actions. Patent maximalism has a profound human toll.



Source link: http://techrights.org/2017/05/18/intervention-patent-law/

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Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli’s Regime at the EPO


Better days will come, but it might be too late to save the jobs of examiners (and hence the EPO as we knew it, with some of the brightest minds of Europe)

Nice sunset
Keep hope…

Summary: A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn’t seem to be going anywhere (it’s all talk and lobbying)

READERS often ask what can be done to repair and redeem the EPO amid endless scandals and abuses committed by the management. Readers are almost always more pessimistic than us; we’re not overly optimistic but we are certainly seeing progress in the right direction (e.g. most member states voting in favour of ousting Battistelli, Kongstad being allegedly pushes out by the Danish government and more). It’s a long, tiring process that requires patience; I wrote many thousands of articles about Novell, for example, and eventually, after 4 years of activism, the company virtually died. Some prominent developers attributed the company’s demise to Techrights. I have already experienced this kind of process, which typically requires a lot of patience and eventually triggers departures (resignations, early retirements etc.) at the very top. It’s already happening at the EPO (Ciaran McGinley, Minnoye, Kongstad and so on) and Team Battistelli signals a run for the money, which is another symptom of collapse (people trying to secure their post-career savings, pensions and so on).

“It’s a long, tiring process that requires patience; I wrote many thousands of articles about Novell, for example, and eventually, after 4 years of activism, the company virtually died.”A translation of a Telegraaf report about the EPO was published today or yesterday by SUEPO. It’s the Dutch newspaper that accused Battistelli of “terror” half a year ago and here is a translation of this latest article, citing again those memorable accusations of “terror”:

Complaint against the State concerning problems at Patent Office

RIJSWIJK – The European Patent Office (EPO) in Rijswijk is the subject of discussion once again due to problems on the workfloor. Two trade unions at the international organisation, where a striking number of employees committed suicide in 2014, have submitted a complaint against the Netherlands. The reason: violation of the right to access to the courts.

At the EPO, which employs a few thousand people, there has been talk of a culture of intimidation by the management for years, resulting in serious damage to the working atmosphere within the organisation. “The management is also making it impossible for the trade unions to effectively represent the interests of their members,” says lawyer Liesbeth Zegveld. “Although an organisation like the Patent Office enjoys immunity from jurisdiction under normal circumstances, this does not apply if the trade unions have no effective legal remedy to raise the problems. In accordance with established case law at the European Court, a national court can adopt jurisdiction in this case.”

SEE ALSO: Concerns about ’terror’ at Patent Office

On Tuesday, Zegveld submitted a complaint to the European Court of Human Rights. “As a signatory state, the Netherlands is obliged to ensure that the European Treaty is guaranteed on its territory. Instead of this, violations of human rights are being covered up.”

The issue at the Patent Office is in fact being debated in the Dutch House of Representatives today.

The organisation has now been led with a firm hand for years by the French despot Benoît Battistelli. State Secretary Van Dam (Economic Affairs) stated at the end of last year that he would be keeping a finger on the pulse at the Patent Office.

We predict or project that Battistelli will only end his term if the delegates are ‘generous’ enough to believe it’s somehow acceptable to let him carry on because he’s already near the end of his second term. Having said that, he will never see the UPC come to fruition, meaning that 8 years at the helm will have ended up as a miserable failure.

“We predict or project that Battistelli will only end his term if the delegates are ‘generous’ enough to believe it’s somehow acceptable to let him carry on because he’s already near the end of his second term.”Based on comments received earlier today, EPO insiders have been exposed to more Kool-Aid than most. Who knows, maybe Battistelli ‘pulls a Flint’ and lets that Kool-Aid slip into the water supply of the Isar or even the Isar building. Either way, we are gratified to see more people (even former Kats) openly recognising that one side of the argument over UPC has been muzzled, left out, suppressed etc. Quite a few of these former Kats are not optimistic about the UPC compared to the Kats who virtually took over that blog. Some of them are too shy to speak about it publicly, but there is broad realisation that the UPC is sort of stuck. Found today [via Benjamin Henrion] was this podcast about “Insight Into Litigation Before the UPC”, a new UPC puff piece promoted by a law firm, and various responses to it (from Francisco Moreno too), e.g. explaining that we “could revert all those 10 reasons to support the UPC” (rewriting the lobbying-type headline from Withers & Rogers — a firm whose actions would harm British businesses).

“For UK businesses,” it claims, “there is a clear advantage to being able to litigate in one’s mother tongue. This will be possible at all UPC hearings…”

“The truth of the matter is, the UPC is built very loosely on a pile of lies.”First of all, the UK isn’t in the UPC (Brexit makes that pretty much impossible) but perhaps more importantly, not many British companies would pursue litigation abroad (where they don’t operate) and they would be very much exposed to more litigation from other countries (if not other continents). Funny how they don’t mention that…

The truth of the matter is, the UPC is built very loosely on a pile of lies. Some of the lies are truly incredible and are complete reversals of the truth! Here is Francisco Moreno highlighting the next UPC think tank, which claims “[d]iversity of views and opinion” (an utter lie. Battistelli and Team UPC clearly misportray their lobbying event).

As Henrion pointed out, “they never invite the critics. Yet another echo chamber with the usual suspects.”

“If anyone knows who is likely to replace Kongstad, please do get in touch with us as close scrutiny of the candidates would help guide the choice made by delegates (most of whom already want Battistelli kicked out).”See the screenshot. Yes, that’s Battistelli right there and the “Unitary Patent and Unified Patent Court conference” in Munich will cost ‘only’ €600 for one single day! Talk about barrier to outside participation. With Battistelli in there, we are reminded of the fact that he is the person to blame for chaos inside and outside the EPO. He wanted to become the ‘face’ of UPC and instead he will be immortalised as a horrible dictator who crashed the EPO.

Will Battistelli manage to rewrite the rules to make himself eligible for another term (he was ineligibly even for the current term, due to his age and political activity)? Will he use the failure of the UPC as an excuse for buying more time? One sure thing is, the EPO’s management is crumbling right now. Minnoye is leaving soon (we’ll have a departure ‘gift’ for him), Battistelli’s popularity is at an all-time low (probably in the history of the EPO as a whole), and the Council is prospectively headless. If anyone knows who is likely to replace Kongstad, please do get in touch with us as close scrutiny of the candidates would help guide the choice made by delegates (most of whom already want Battistelli kicked out).



Source link: http://techrights.org/2017/05/12/where-the-epo-and-upc-stand/

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‘European Media Intervention Award’ (EIA), EPO Censorship, Self-Censorship, and Paid ‘Media Partners’


Yesterday: Death of ‘IP’ Media: Front Groups of Microsoft Described as “Representing SME Developers” by Bristows

Concentration of media ownership
Reference: Concentration of media ownership (also a problem in Germany, where the largest media keeps deliberately silent about the EPO scandals)

Summary: How the multi-million Eurovision-esque lobbying event of Battistelli corrupts European media and when it does not legitimise frauds it contributes to an atmosphere of distrust in media

YESTERDAY, the EPO still tweeted plenty of links about ‘European Inventor Award’, as part of the latest expensive PR charade. This isn’t something that ordinary patent offices do; they don’t elevate one patent above another (violation of ‘patent neutrality’), they don’t waste millions of Euros of budget per year on silly, Eurovision-like ceremonies.

“This isn’t something that ordinary patent offices do; they don’t elevate one patent above another (violation of ‘patent neutrality’), they don’t waste millions of Euros of budget per year on silly, Eurovision-like ceremonies.”One thing we noticed yesterday is that Les Échos, Battistelli’s “media partner” in France, did this puff piece (and the EPO then linked to that). We already caught it censoring articles about the EPO and producing all sorts of puff pieces over the years (Battistelli later cites and quotes these puff pieces in letters that he sends). Well, such is the nature of today’s EPO. The media has been corrupted; a lot of the media that Battistelli and/or the EPO are greasing up is covering the UPC, for example, with misleading puff pieces. It has become almost as bad as IP Kat under Bristows, which exploits what’s left of this blog for marketing purposes.

Shouldn’t there be disclosures from Les Échos?

“The EPO now seeds over a million Euros in an endeavour to ‘plant’ favourable coverage.”Thankfully, we never accepted any corporate money (ever). We never will. Money corrupts coverage, even subconsciously. The other day we wrote about Brunel University London peddling snake oil that won’t work for patents and days ago we saw another puff piece about it*. This puff piece/PR is the type of corporate journalism we often condemn for being little more than marketing. It’s paid for, directly or indirectly. The EPO now seeds over a million Euros in an endeavour to ‘plant’ favourable coverage. To think otherwise is to pretend that the media has no owners and is never sponsored.
______
* In fact, the people behind it tried to contact me regarding my article (persuasion attempts), but I ignored them. I stand by my original assertions. At times, albeit not often, even EPO management sends me messages asking me to censor my articles, but these messages too I disregard as they ask for censorship and lack of accountability for what they do for Battistelli at the upper echelons (or higher floors) of EPO. The EPO is an enemy of the free press.



Source link: http://techrights.org/2017/05/09/eia17-and-media/

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The European Convention on Human Rights (ECHR) Against the European Patent Office (EPO), Lower House to Debate the Issue Today


The House of Representatives in the Netherlands, along with top European courts, to imminently tackle the chronic abuse?

House of Representatives (Netherlands)

Summary: Things are getting hot and heavy at Eponia, as the truly urgent matters escalate upwards and threaten to shake up the entire European Patent Organisation, whose head has just announced that he is stepping down [1, 2]

SOMETHING rather big is happening at the EPO. It’s truly a turning point. A few days ago we saw Battistelli’s ‘boss’ walking away and hours ago someone told us that big legal action is coming, apparently involving the Dutch government (not long after all Members of the European Parliament got notified). Maybe not a bad time for people who protected Battistelli to walk away (to avoid deposition and so on)? For background, here is what happened some months ago:

  1. Battistelli is an Autocrat Above the Law and It’s OK, Holland’s High Council Says
  2. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses
  3. Media Blasts EPO Over Immunity Amid Suicides, Battistelli’s Behaviour Compared to Dominique Strauss-Kahn’s
  4. Leaked: Team Battistelli, Exploiting a Controversial Decision From the Netherlands, is Trying to Squash SUEPO
  5. The EPO’s Freedom to Disregard the Law and Abuse Employees is “Being Taken up by the Council of Europe”
  6. The Netherlands With Its Bizarre Decision to Let the EPO Violate Dutch Law, Now in English
  7. “Team Battistelli Continues With Intimidation Tactics”
  8. The European Patent Office Officially Dishonours Justice, So It’s Time for SUEPO to Become Clandestine
  9. Culture of Terror at The European Patent Office Escalates Thanks to Dutch Government’s Complicity

The latest development is very major and was covered by Dutch media earlier on. It certainly seems like timing is critical here, as based on a purely automated translation (unedited):

The Lower House talks about the situation at the patent office on Tuesday.

Petra Kramer,a Dutch speaker who is supportive of the cause, kindly produced the following translation of the entire article:

RIJSWIJK (ANP) Are employees of the European Patent Office allowed to resist the repression of their right by taking the case to the Dutch court? (Please note that previous verdicts said their rights were not imposed upon because they could always go to court in Geneva. PK.) The High Council recently ruled that they don’t because EPO is granted immunity. But two unions do not agree and are now taking the case to the European Court of Human Rights in Strasbourg.

The complaint is directed against the Dutch state because it has actively strengthened to maintain the immunity of the EPO, Liesbeth Zegveld, the lawyer of the unions, says. According to her, the government has a diplomatic interest because they want international organizations to settle in the Netherlands.

EPO staff suffers under the leadership of topman Benoît Battistelli, who is accused of terrorizing the office. The government is concerned about it and urged previously to improve the conditions at the organization in Rijswijk, where about 2700 people work.

Lower House

International organizations are granted immunity, but there must be an internal court to solve disputes according to Zegsveld, and that is not the case. (This again contradicts the High Council that basically said go to the court in Geneva. PK.) As a result, the trade unions and employees can not use their right to strike, their right to negotiate or their freedom of expression.

According to the Supreme Court, the Netherlands, according to Zegveld, now violates the right of access to justice, as enshrined in the European Convention on Human Rights (ECHR).

The Lower House will debate the situation at the patent office on Tuesday.

Wow. We didn’t know they would really take it this far. Zegveld did mention this as a possibility, but it wasn’t clear whether she and her clients would actually pursue this (SUEPO receives outside help here). But they do! This could soon become a very serious issue and a topic in the mainstream media, not just in the Netherlands. It’s truly a shame that sites like IP Kat cover none of these developments.



Source link: http://techrights.org/2017/05/08/echr-vs-epo/

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All Members of the European Parliament Get Warned About the Deterioration at the European Patent Office (EPO)


USF to parliament

USF to parliament

Summary: Union Syndicale Fédérale, which is no stranger to the EPO scandals [1, 2, 3, 4], writes to every Member of the European Parliament (MEP) regarding the untenable situation which hurts Europe and specifically the role played by Benoît Battistelli

THE EPO is under observation, including but not limited to the Dutch Foreign Minister. All Members of the European Parliament (MEPs) have just been sent the above letter. SUEPO republished the original along with translations in German, French and Dutch. The English version has no OCR.

“They want Battistelli replaced next year, though rumours suggest he intends to stay, again in direct violation of the rules.”Based on this letter, USF counts not on dismissal (firing) of Battistelli; the only person capable of doing that is in fact about to leave (in autumn) [1, 2]. They want Battistelli replaced next year, though rumours suggest he intends to stay, again in direct violation of the rules. He was not eligible for extension of his term the last time, for numerous reasons.



Source link: http://techrights.org/2017/05/08/usf-on-deterioration-of-epo/

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The EPO’s Administrative Council (AC) is “Amazingly Complicit” or “Awfully Compliant” (Like Much of the Media and Much of the System)


Flag of EPO and TurkeyRelated: Kongstad and Battistelli Have Staged a Coup at the European Patent Organisation (EPO)

Summary: In spite of overwhelming evidence of very serious abuses by Team Battistelli — abuses that are impossible to deny — the media, the politicians and even the governing body of the European Patent Organisation continue to play along with tyranny, presumably because UPC ambitions trump everything including the law itself

Complicity with EPO tyranny can be found at many levels. Here are some older posts of relevance to this:

There are many more articles like these (even about the German media having complicity of silence), implicating not just EU, Dutch, German and representative authorities. Sometimes it’s convenient (safer) for politicians to just play along and not rattle the system. Some would conveniently misinterpret criticism of the EPO as an “anti-EU” sentiment and thus “extreme”. According to a new comment from IP Kat, the number of rumours that Battistelli intends to ‘pull an Erdoğan’ and stay indefinitely are growing. Here is the latest:

Turns out that Battistelli does want another term as EPO President. Who would have guessed? The million Euro question is whether the AC will grant his wish. With “AC” these days seeming to stand for “Amazingly Complicit” or “Awfully Compliant”, who would bet against it?

Time for applicants to wake up and demand that the AC actually follows the rules by which it is bound!

And one should know he can get away with it. He’s already sucking up to nations whose vote is easy and cheap to buy. The whole system is thoroughly compromised. He’s also sending to exile (or worse — firing) anything representing/resembling perceived threat to his absolute tyranny.

Unrelated to the above comment, SUEPO explains how this “Amazingly Complicit” or “Awfully Compliant” AC is giving him even greater powers as a ‘reward’ for his abuse, to help him cover up that abuse rather than punish him, oust him, publicly denounce him etc.

“A lot of these abuses are routinely being justified as being part of a ‘reform’, which we assume means UPC.”Is this Bavaria or Ankara?

A lot of these abuses are routinely being justified as being part of a ‘reform’, which we assume means UPC. Well, the UPC isn’t happening. It just isn’t. Not any time soon. If ever!

The Unitary Patent is just a concept. It has been around for over a decade and all we have right now is just a big pile of papers. Taxpayers pay politicians to waste a lot of time on this worthless junk. Brexit, Poland and Spain are just some of the many barriers to UPC and they alone doom it for the time being (if not in perpetuity).

“Brexit, Poland and Spain are just some of the many barriers to UPC and they alone doom it for the time being (if not in perpetuity).”“France does not recognise software patents, but that will change with UPC,” Benjamin Henrion has just warned. The same is true for the UK, which is why British software firms strongly oppose the UPC (not multinational giants from another country).

IP Kat, having lost its way, still mentions UPC in the body of yesterday’s post as though it’s unstoppable and inevitable in the UK and elsewhere. It’s not at all unstoppable or inevitable. As someone pointed out in the comments, that part is “only valid insofar as UK participates to the UPC post-Brexit, which is anything but sure…”

“Jumping ahead to the illusion of UPC?”We are sadly likely to see more and more of this UPC propaganda. It’s often used as a catch-all excuse for human rights abuses, rejection of democracy and so on. See this erroneous press release from 2 days ago . It’s patently wrong right from the headline, which associates EPs or the EPO with “European Union Patent”. It’s nothing to do with that. It’s just not. Not EU. Jumping ahead to the illusion of UPC?

Remember that the EPO is not a EU thing, yet the EU now publicly helps promote Battistelli’s lobbying event, reinforcing a certain perception of complicity. IP Kat too has just disseminated another ad/plug for the villainous EPO management, reaffirming a trend (the blog helps Battistelli now). “Call for projects for the EPO Academic Research Programme” it called this latest PR stunt. Will it act as a pro bono media partner for ‘European Inventor Award’ 2017 as well?

“When asked by Ars, the EPO’s spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO’s internal rules…”

Dr. Glyn Moody



Source link: http://techrights.org/2017/05/04/epo-ac-complicit-compliant/

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Kather Augenstein and Bristows Shift Attention to Germany in an Effort to Ram the Dying UPC Down Everyone’s Throats


Remember that Germany cannot (or won’t) ratify until/unless the UK does

Down the throat

Summary: Down the throat, hopes Team UPC, the Unitary Patent system will go, even though Britain cannot ratify, throwing the whole thing into grave uncertainty

THE UPC is all about litigation. It’s about demoting examination and rewarding the litigation ‘industry’. This is what the EPO’s scandalous management has been eager to achieve, leaving even legislation to the litigation ‘industry’ and its tentacles. It’s horrible. It’s truly horrid. How it has gotten as far it has probably merits multi-volume books.

“Is the EPO eager to leave every business in Europe vulnerable and exposed to litigation from all around the world, including troll-rich (i.e. ethically-poor) countries?”Yesterday, the EPO spoke about the “Patent Prosecution Highway” (PPH) again, which is related only indirectly to the UPC. The puff piece (caution: link to the EPO’s Web site, which means the EPO can harvest IP addresses) was titled “EPO and Eurasian Patent Office agree to launch Patent Prosecution Highway” and it’s more of that Battistelli-style self-aggrandising nonsense.

Is the EPO eager to leave every business in Europe vulnerable and exposed to litigation from all around the world, including troll-rich (i.e. ethically-poor) countries? Because that’s what the UPC would achieve.

“Why does Team UPC hate democracy, accountability, public participation and rational patent law so much?”We recently showed that Team UPC was actively lying about what had happened in Germany. It may be doing so again, starting with Kather Augenstein in its scarcely-known ‘blog’ and also Bristows. They promote this in Twitter right now. Yesterday, Mr. Weber from Kather Augenstein could be seen sucking up to Bristows in comments about patent trolls which operate in the UK — something which Bristows too likes (it’s mutual, as Bristows mentions him too) and he tweeted more of his usual stuff, pretending that the UPC is inevitable (it’s not at all), basically marketing for his employer, which uses the UPC as a marketing opportunity even if it’s a recipe for plenty of trolls in Germany (already a real and growing problem). “We hopefully we’ll [sic] all be much smarter (and working in front of the UPC) in one year,” he wrote.

Hopefully, eh? Not even hiding these antidemocratic desires anymore? Why does Team UPC hate democracy, accountability, public participation and rational patent law so much? They alienate themselves, all in the name of sheer greed.



Source link: http://techrights.org/2017/04/28/kather-augenstein-and-bristows-upc/

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Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations


Factory alleged to have ignored warnings
Reference: Factory alleged to have ignored warnings

Summary: How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards

IN THE last part about the fire hazard at the EPO we shed light on the continuation of this problem at the next building in the Netherlands. Why does this matter? Because the unwillingness of Dutch authorities to compel the EPO to obey the law causes the EPO to operate with impunity and potentially put a lot of lives in great danger, even consciously.

“Lately, it was the Dutch representatives taking a lot of heat or even coming under fire (pardon the pun).”Staff representatives are understandably afraid to bring this up. Each time they say the truth there is severe action of retribution from Battistelli and his goons. Lately, it was the Dutch representatives taking a lot of heat or even coming under fire (pardon the pun).

“Unfortunately,” one person explained to us, “the majority of the local staff committee as well as the local SUEPO committee have been very reluctant to take any further measures to protect our safety in case of a fire at our site. Until now they did not bother to inform […] though some members were aware of this issue since November 2010.”

“The immunity of the EPO must be ended, and not only after a major catastrophe (one that would belatedly put the EPO in the headlines, due to a tragedy other than Battistelli).”See the effect of union-busting actions and extreme attacks on staff representatives? Even life-threatening risks (mere facts) become suppressed. We too need to be careful in what we say because we are well aware of risk to our sources. Not too long ago we belatedly kick-started a series revolving around the inadequacy of these facilities by sharing, in redacted form, anything but the most sensitive details. We feel safe to assert that this helps highlight human rights aspects (disregard for staff’s safety) and is in the public interest.

We would like to urge readers, especially Dutch-speaking readers, to forward these bits of information to the suitable authorities in Holland and urge for immediate action. The immunity of the EPO must be ended, and not only after a major catastrophe (one that would belatedly put the EPO in the headlines, due to a tragedy other than Battistelli).



Source link: http://techrights.org/2017/04/23/fire-hazard-at-epo-holland/