tag:blogger.com,1999:blog-5574479.post4654337314587520277..comments2024-03-18T17:10:35.838+00:00Comments on The IPKat: Procedure to remove Board of Appeal member from office ends - after reports of attempts to nobble the Enlarged BoardVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger83125tag:blogger.com,1999:blog-5574479.post-72421230243290307962016-06-29T08:18:10.484+01:002016-06-29T08:18:10.484+01:00to Anonymous citing Cicero
the whole of the intro...to Anonymous citing Cicero<br /><br />the whole of the introductory part might be interesting too<br /><br />it reads (with one word omitted) in English: When, ..., do you mean to cease abusing our patience? How long is that madness of yours still to mock us? When is there to be an end of that unbridled audacity of yours, swaggering about as it does now?<br /><br />to whom might that apply ?<br /><br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12620000121021585432016-06-28T14:08:56.992+01:002016-06-28T14:08:56.992+01:00Let´s not care about independent justice, but inst...Let´s not care about independent justice, but instead let us spend the applicants fees having nice and glamorous little events:<br /><br />https://www.youtube.com/watch?v=pAIE_2p3nm4&feature=youtu.beAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-32957732286612137342016-06-24T16:27:52.133+01:002016-06-24T16:27:52.133+01:00Quo-usque tandem!Quo-usque tandem!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-52774082002936380992016-06-23T18:26:57.860+01:002016-06-23T18:26:57.860+01:00"Open letter from EPO staff pleads with count..."Open letter from EPO staff pleads with country reps to fire president."<br /><br />Pray that it works - because if it doesn't the Investigation Unit will be quite busy in the Great Purge that will follow ...<br />Mikhail Tukhachevskynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-3807746231606977332016-06-23T16:39:39.824+01:002016-06-23T16:39:39.824+01:00The Register reports about an Open letter from EPO...The Register reports about an <a href="http://www.theregister.co.uk/2016/06/22/epo_staff_plead_country_reps_to_fire_president/" rel="nofollow">Open letter from EPO staff pleads with country reps to fire president.</a> <br /><br />The letter is <a href="https://regmedia.co.uk/2016/06/22/epo-open-letter.pdf" rel="nofollow">here</a>.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22950466963423087902016-06-23T10:58:58.660+01:002016-06-23T10:58:58.660+01:00See also
Rule 120
Hearing by a competent national ...See also<br />Rule 120<br />Hearing by a competent national court<br />http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/r120.htmlAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-83312109534641148162016-06-23T07:27:45.737+01:002016-06-23T07:27:45.737+01:00WPS and Umo,
Yes, I underwood that generally but I...WPS and Umo,<br />Yes, I underwood that generally but I meant the practicalities. If the EBoA is not able to hear people they or the 'defendant' wish to hear, I presume their powers are limited.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14370069502370540182016-06-22T20:08:22.986+01:002016-06-22T20:08:22.986+01:00While you're at it have a gander at the Implem...While you're at it have a gander at the Implementing Regulations, Rule 119:<br /><br /><i>"Before a party, witness or expert may be heard, he shall be informed that the European Patent Office may request the competent court in the country of residence of the person concerned to re-examine his testimony under oath or in an equally binding form."</i> Upon my oathnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-35112538819090408262016-06-22T16:00:34.574+01:002016-06-22T16:00:34.574+01:00Never heard of Article 117 EPC ?
http://www.epo.or...Never heard of Article 117 EPC ?<br />http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar117.html<br /><br />Witness Protection Schemenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-73000320706489097912016-06-22T15:06:34.730+01:002016-06-22T15:06:34.730+01:00Battis's telling,
To what extent is the EBoA (...Battis's telling,<br />To what extent is the EBoA (or any board) able to function as a court? I'm not clear what their ability is to hear witnesses and what the consequence of perjury is. Can they refer such cases (and I'm not suggesting that is relevant here) to local authorities? Would they be able to require witnesses to make affidavits before local authorities? I ask this only with regard to the EBoA's ability to make statements of innocence or guilt. I thought their brief was limited to answering the request placed before them according to EPO laws.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41005772624909440942016-06-22T14:08:33.762+01:002016-06-22T14:08:33.762+01:00What one would definitely expect from the EBoA is ...What one would definitely expect from the EBoA is that it considers whether the accused judge really is the dangerous, armed Nazi propagandist depicted by BB in several public interventions and newspapers to justify the immediate house ban imposed upon him since December 2014. If not, they should absolutely exonerate him publicly from such charges.Batti´s tellingnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90170522448677559342016-06-22T13:25:26.984+01:002016-06-22T13:25:26.984+01:00Anonymous,
Since the hearing was public, it would ...Anonymous,<br />Since the hearing was public, it would seem logical that the decision (and reasoning) would be public. Of course, in camera discussions would be excluded but it would be likely that some people would/could be concerned in advance about the scope of disclosed information relating to third parties? Perhaps sufficiently concerned as to 'advise' the EBoA about what they should disclose and not? I'm intrigued.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-19746765975598610542016-06-22T12:38:21.408+01:002016-06-22T12:38:21.408+01:00Shall we expect the EBA to issue a decision based ...Shall we expect the EBA to issue a decision based on what happened and/or minutes of the hearings? Maybe in time for the next meeting of the AC?<br /><br />Obviously, don't expect the Office to publish them ...<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-54417491355637487612016-06-22T05:23:31.421+01:002016-06-22T05:23:31.421+01:00@ falcone
So the only true judges are those who wa...@ falcone<br />So the only true judges are those who walk around with bodyguards? Do you mean that Battistelli is the only true judge so he can decide what is lawful what isn't? Well, he did tell the judges of he EBA, didn't he? He also told the staff reps. And they would not listen so now they have to deal with the consequences. So next step: investigation against the disobeying judges. Judge Batnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-50102037034164457842016-06-21T21:51:43.794+01:002016-06-21T21:51:43.794+01:00@Falcone You act tough for a wimp! Tough insult to...@Falcone You act tough for a wimp! Tough insult towards the judges in Munich. Why don't you disclose your real identity here instead of using such a dirt cheap mafia pseudonym? Oh wait, gotcha mafioso, you just revealed your identity, don't you?Anonymoushttps://www.blogger.com/profile/15521549899517382542noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61197284077902973032016-06-21T20:58:04.909+01:002016-06-21T20:58:04.909+01:00You know judges are the guys in whose honour place...<i>You know judges are the guys in whose honour places are named in Sicilian and other towns. People who lived in army camps and moved about with bodyguards.</i><br /><br />The only ones who move around with bodyguards inside Eponia are King Batti and his flunkies.<br /><br />Everybody else is completely "unprotected" including the quasi-judges of DG3.<br /><br />The "real judges" you are referring to can at least to some extent rely on the backing of the State.<br /><br />When the quasi-judges of DG3 contacted their "appointing authority" they found out that the lights were on but there was nobody at home ...<br /><br />https://s3.amazonaws.com/lowres.cartoonstock.com/animals-turtle-tortoise-lights_are_on-shells-empty_shells-cgan2701_low.jpg<br /><br /><br />Judge Knotnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-56407759954132151882016-06-21T19:53:42.339+01:002016-06-21T19:53:42.339+01:00RE: These guys have definitely proven they aint no...RE: <i>These guys have definitely proven they aint no judges. They therefore do not fullfill the judicial role required under the EHRC or the constituition of most member states.</i><br /><br />In case you happen to mean the European Convention on Human Rights (<b>ECHR</b>), the Technical Board of Appeal and Enlarged Board of Appeal are the only exiting review/appeal bodies for <b> everybody binding in Europe-38-Countries decisions</b>, that is, patent monopolies. There is no alternative body covering all functions of the TBoA/EBoA and no plans for one. This is about the role.The Cat that Walks by Himselfnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-8937589885379897742016-06-21T19:36:11.596+01:002016-06-21T19:36:11.596+01:00@ Falcone:
You should have stopped after: "We...@ Falcone:<br />You should have stopped after: "We do not know what was written in the letter".<br /><br />Good luck convincing the "real" judges in Karlsruhe later this year when you tell them about your suspicions concerning the contents of "the letter".<br /><br />JudgemanJudgemannoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-43039413959266726562016-06-21T17:52:35.685+01:002016-06-21T17:52:35.685+01:00We do not know what was written in the letter, but...We do not know what was written in the letter, but hard to imagine that it was anything that a true judge could have considered a serious threat. Was there a bullet in the envelope? You know judges are the guys in whose honour places are named in Sicilian and other towns. People who lived in army camps and moved about with bodyguards. These people in Munich do not know what a threat is and what are the only two ways to reply: Resignation or ignoring it which in this case would have been the only dignified answer. These guys have definitely proven they aint no judges. They therefore do not fullfill the judicial role required under the EHRC or the constituition of most member states. Karlsruhe will have to take this into account later this year.Falconenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72310888989754638572016-06-21T13:55:27.956+01:002016-06-21T13:55:27.956+01:00From HelloKitty:
When I wrote "We don't ...From HelloKitty:<br /><br />When I wrote "We don't really care about what happened to Mrs Hardon here", I meant: "What happened to Mrs Hardon is not really relevant to the present discussion about threatening the boards". I also find that what happened to her and to the other dismissed people is scandalous.<br /><br />But what we have here is that the President is threatening the enlarged board of appeal. In the Patent Office, a judicial body. For the jurist in me, this is unthinkable.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-16359474006591870322016-06-20T21:49:38.225+01:002016-06-20T21:49:38.225+01:00The potential "charge sheet" seems to be...The potential "charge sheet" seems to be expanding - gradually but inexorably.<br /><br />* deploying covert surveillance measures of questionable legality<br /><br />* attempting to "nobble" a judicial body by means of alleged "threats"<br /><br />* attempting to interfere with the course of justice by obstructing the hearing of witnesses <br /><br />Anyone for an investigation ?<br /><br />Perhaps if someone competent to carry it out can be found.<br /><br />Watch this space but don't hold your breath ...Belling the catnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-35041525962615815652016-06-20T15:27:34.114+01:002016-06-20T15:27:34.114+01:00The actions taken against Staff Reps, including so...The actions taken against Staff Reps, including some in The Hague right now (to further cement atmosphere of terror top-down), began with Hardon, so of course that matters. It is offensive to suggest otherwise.<br /><br />Roy SchestowitzAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-84399755516185643932016-06-20T11:07:08.869+01:002016-06-20T11:07:08.869+01:00"We don't really care about what happened..."We don't really care about what happened to Mrs Hardon here"<br /><br />Actually, we do - because if the reason she was dismissed is that she contacted the accused member of the BoA, and at the end the President is unable to show that he did anything wrong, that the accuses against her should fall too and she should be reinstated.<br /><br />Another reason why we care is that the strategy to get rid of them seems to be the same.<br /><br />We care about Else, actually we really do.<br />An Examinernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-25791812739561312572016-06-20T09:33:45.672+01:002016-06-20T09:33:45.672+01:00From HelloKitty
We don't really care about wh...From HelloKitty<br /><br />We don't really care about what happened to Mrs Hardon here or what reason there was for nobbling the board, as Merpel says.<br /><br />This is about obstruction of justice. This is about threatening a high court. These are pretty serious offenses anywhere.<br /><br />The Office can't afford to leave these offenses unanswered.<br /><br />To nobble: "to cause or force (someone) to do something that you want by offering money, making threats, etc". Try to do that to a court in your own country and see what happens.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-73440480298894846672016-06-19T21:16:22.602+01:002016-06-19T21:16:22.602+01:00HelloKitty said: "Whether it was by failure o...HelloKitty said: "Whether it was by failure of allowing witnesses to be heard or by a threat letter to the enlarged board, one thing is clear: Battistelli obstructs justice"<br /><br />Quite amazingly, the President himself has given an indication of why the procedure against the accused member of the boards might have had to be stopped at all costs.<br /><br />In his final decision against Elizabeth Hardon, the recently fired chairwoman of SUEPO, as published here: http://techrights.org/2016/01/16/battistelli-has-isssues-with-hardon/ the President wrote:<br /> “As regards the defendant’s request concerning the DPO authorisation, the Office’s explained both the technical and the legal aspects. It has explained the exact circumstances under which the investigation took place. For the avoidance of any doubt, the Office did not intercept your correspondence to Mr XX, nor access your private email account. Rather, it collected evidence in the context of an investigation against unknown persons within the premises of the Office and more specifically at one of the Office’s public PC kiosks. Screen shots of email correspondence and activities of Mr XX were obtained in that context. These included screen shots of two-way correspondence between Mr XX and you. It was in that way that your involvement came to light. It was demonstrated to the Committee that the Office had not relied upon intercepting your private email at all, and you were mistaken to think so. These reasons and details were considered carefully by the Disciplinary Committee who fully understood and accepted them. They do not require further elaboration“ see § II (iv) of the President´s final decision.<br /><br />The President´s final decision thus evokes a suspicion that the Investigation Unit<br />might have violated the private e-mail accounts of the accused member of the boards and of his alleged accomplice, Elizabeth Hardon. The Disciplinary Committee in Hardon's case, chaired by the very Mr. McGinley, see § II (i) of the decision, who a few days ago unexpectedly announced his early resignation http://techrights.org/2016/06/15/ciaran-mcginley-is-leaving-epo/ was apparently satisfied by the explanations of the Investigation Unit that they did not gain access to any private e-mail accounts.<br /> <br />It cannot be excluded that a public hearing by the EBA of several members of the Investigation Unit in the present case, which obviously relies upon the same investigations, could on the contrary have revealed that the Office in addition to its admitted spying on publicly available computers also hacked the private e-mail accounts of its staff, with disastrous consequences.Anonymousnoreply@blogger.com