Bonum Certa Men Certa

The Council of Europe Slams the EPO as Political Pressure Grows for EPO Management to Obey the Law

An emergency



Summary: Battistelli et al. come under yet more fire as politicians -- many of whom from Battistelli's home country -- become better informed of the EPO's management fiasco, abuses, and scandals

We have just been sent a copy [PDF] of the written declaration sponsored by Pierre-Yves Le Borgn' (mentioned here before) and signed by 82 members of the Parliamentary Assembly of the Council of Europe. Rollbacks of fundamental rights at the European Patent Office are clearly not being tolerated. Here is the declaration as HTML:



Doc. 13836

25 June 2015

Rollback of fundamental rights at the European Patent Office



Written declaration No. 596

This written declaration commits only those who have signed it On 17 February 2015, the Hague Court of Appeal condemned the European Patent Office (EPO), arguing that its internal dispute settlement system led to a rollback of fundamental rights enshrined in the European Convention of Human Rights and the European Social Charter. The Court considered that the EPO could not invoke its immunity when a trade union is deprived of any means to challenge violations of the personnel's rights, for want of any legal remedy before the International Labour Organisation Administrative Tribunal or via any other internal procedure.

An international organisation cannot become a place of lesser law, sheltered by its jurisdictional immunity. Restraining the right of association, reducing the right to go on strike, preventing the personnel from being entitled to collective bargaining, depriving all organisations from any effective remedy and failing to carry out a court decision are all unacceptable developments. We call on the 38 member States of the EPO, all members of the Council of Europe, to bring this situation to an end and urge the EPO's management to comply with the decision of the Hague Court of Appeal.

Signed (see overleaf)




Doc. 13836 Written declaration

Signed1:

LE BORGN' Pierre-Yves, France, SOC AGRAMUNT Pedro, Spain, EPP/CD ALAVEZ RUIZ Aleida, Mexico ALLAIN Brigitte, France, SOC ANDERSON Donald, United Kingdom, SOC ANDREOLI Paride, San Marino, SOC BARILARO Christian, Monaco, ALDE BENTON Joe, United Kingdom, SOC BIES Philippe, France, SOC BÄ°LGEHAN Gülsün, Turkey, SOC BLONDIN Maryvonne, France, SOC BOCKEL Jean-Marie, France, EPP/CD BONET PEROT Sílvia Eloïsa, Andorra, SOC CANTU SEGOVIA Eloy, Mexico CHAOUKI Khalid, Italy, SOC CHRISTOFFERSEN Lise, Norway, SOC CILEVIÄŒS Boriss, Latvia, SOC CORSINI Paolo, Italy, SOC CROZON Pascale, France, SOC DAVIES Geraint, United Kingdom, SOC DÍAZ TEJERA Arcadio, Spain, SOC DOKLE Namik, Albania, SOC DURRIEU Josette, France, SOC FLEGO Gvozden Srećko, Croatia, SOC FLYNN Paul, United Kingdom, SOC FOURNIER Bernard, France, EPP/CD FRESKO-ROLFO Béatrice, Monaco, EPP/CD GABÁNIOVÁ Darina, Slovak Republic, SOC GIOVAGNOLI Gerardo, San Marino, SOC GOSSELIN-FLEURY Geneviève, France, SOC GROSS Andreas, Switzerland, SOC GUNNARSSON Jonas, Sweden, SOC GUTIÉRREZ Antonio, Spain, SOC GUZENINA Maria, Finland, SOC HAGEBAKKEN Tore, Norway, SOC HAIDER Monica, Sweden, SOC HARANGOZÓ Gábor, Hungary, SOC HEINRICH Gabriela, Germany, SOC IORDACHE Florin, Romania, SOC IWIŃSKI Tadeusz, Poland, SOC JANSSON Eva-Lena, Sweden, SOC JURATOVIC Josip, Germany, SOC KARLSSON Niklas, Sweden, SOC KOX Tiny, Netherlands, UEL LE DÉAUT Jean-Yves, France, SOC LESKAJ Valentina, Albania, SOC LONCLE François, France, SOC LUND Jacob, Denmark, SOC MAHOUX Philippe, Belgium, SOC MAIJ Marit, Netherlands, SOC MARKOVIĆ Milica, Bosnia and Herzegovina, SOC MARTINEL Martine, France, SOC

_________ 1. SOC: Socialist Group EPP/CD: Group of the European People's Party ALDE: Alliance of Liberals and Democrats for Europe EC: European Conservatives Group UEL: Group of the Unified European Left NR: Representatives not belonging to a Political Group




Doc. 13836 Written declaration

MAURY PASQUIER Liliane, Switzerland, SOC MEALE Alan, United Kingdom, SOC MESTERHÁZY Attila, Hungary, SOC MULIĆ Melita, Croatia, SOC NACHTMANNOVÁ Oľga, Slovak Republic, SOC NEGUTA Andrei, Republic of Moldova, SOC NICOLETTI Michele, Italy, SOC OBRADOVIĆ Žarko, Serbia, SOC OHLSSON Carina, Sweden, SOC PÂSLARU Florin Costin, Romania, SOC PETRÁK Ľubomir, Slovak Republic, SOC QUÉRÉ Catherine, France, SOC RAWERT Mechthild, Germany, SOC ROCHEBLOINE François, France, EPP/CD RODRÍGUEZ Soraya, Spain, SOC ROSEIRA Maria de Belém, Portugal, SOC ROUQUET René, France, SOC SÁEZ Àlex, Spain, SOC SCHENNACH Stefan, Austria, SOC SCHMIDT Frithjof, Germany, SOC SCHWABE Frank, Germany, SOC SEKULIĆ Predrag, Montenegro, SOC SIMENSEN KÃ¥re, Norway, SOC STRIK Tineke, Netherlands, SOC SUTTER Petra, De, Belgium, SOC TAKTAKISHVILI Chiora, Georgia, ALDE TOMLINSON John E., United Kingdom, SOC VÄ–SAITÄ– Birutė, Lithuania, SOC VORUZ Eric, Switzerland, SOC VRIES Klaas, de, Netherlands, SOC VUÄŒKOVIĆ Nataša, Serbia, SOC XUCLÀ Jordi, Spain, ALDE

_____________________________ Total = 82



The latest item on IP Kat beat us to it. Merpel writes: "Altogether more than 100 parliamentarians from 32 countries have now expressed their anxieties and concerns regarding the persistent erosion of fundamental rights experienced by EPO staff over the past year and a half at the hands of the current regime, which presumably still enjoys the substantial support of the Administrative Council which has notional control of the organisation."

Merpel also found this political intervention in the European Parliament:



The European Patent Office (EPO) was set up forty years ago. It currently employs about seven thousand highly qualified people, most of whom work at its offices in Germany (Munich) and the Netherlands (Ryswick). In 2014 alone, it received 274 000 patent applications from companies all over the world. Its budget of EUR 2 000 million makes it the second largest European institution after the Commission.

There have been a huge number of complaints about the EPO. Cases of staff suffering from depression (including four suicides since 2012), a climate of intimidation caused by the creation of an internal investigation unit, and restrictions on the right to strike have been reported by the trade union, SUEPO, which is now banned from EPO premises. Among other things, the union is complaining about management’s plan to lower the cost of registering patents at the price of employees' health.

Is the Commission aware of this situation and what is being done to investigate it? Also, what are the grounds for the immunity granted to the European Patent Office, which allegedly derives from the fact that it is extraterritorial, thus making it impossible for any legal action to be taken to protect workers' rights?


Over at IP Kat there are some interesting comments from what appears to be EPO staff. The first:



During this time in a Galaxy far away ....

The Administrative Council just extended for 3 years VP5 (Raimund Lutz) the man who finds everything perfectly legal (when national courts and parliamentaries don't)...

AND

VP1 (who will be 70 at the end of his mandate whereas max. pension age at EPO is 67....

AND

Battistelli starts his new mandate with secret salarial conditions ...

AND

the AC did not bother to comment on the on-going spying on staff reps/unionists nor on public spying

All is fine in Eponia !!



Second comment speaks of betrayal:



Many years ago I gave a promise to the Office, and with it to the general public of Europe, that I would examine patents and only grant those with a high probability of validity as far as I could establish. In return for this the office made a promise to look after me. We had an agreement, which I considered to be binding. I have kept my promise so far and I intend to keep my promise. Unfortunately this is not made easier by the fact the some people in the Office have decided to withdraw the promise made by the office to me by changing the whole substance of my working conditions without my agreement. If I am to keep my promise, this must be tolerated, however, since there is no functioning legal system which will tell them to stop, so I have no defence. None the less, I intend to keep my promise, since I believe, and all the evidence I've seen confirms, that valid patents are important for the general public and the whole patent system. It would be really nice if someone could persuade the office to revert to keeping it's promise. I do hope these initiatives are a step along the way.



There are many more anonymous comments in there. The management of the EPO seems to have become besieged by an increasingly informed workforce, Parliament, and public. This can't end well for Battistelli. His time is running out.

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter