Bonum Certa Men Certa

Among 43 New Judgments From ILO-AT, Which 'Oversees' Dozens of Institutions, 25 (More Than 58%) Concern the EPO's Staff

Imagine just one institution taking up almost two-thirds of the limited resources of ILO’s Administrative Tribunal

ILO Administrative Tribunal membership

Summary: The Staff Union of the EPO (SUEPO) shows the chaotic effect of a truly dysfunctional and corrupt Office management; ILO's Administrative Tribunal (ILO-AT) can barely keep up with the caseload

MANY people no longer remember this. In the final days of Benoît Battistelli as EPO President he was served a blow by ILO-AT, which belatedly and exceptionally ruled in favour of his scapegoats, the SUEPO leaders (representatives). They were vindicated, but a lot of personal and collective harm had been done.



The EPO will never forget and may never recover from this.

"The AC (Administrative Council) has become deeply complicit, as we've repeatedly demonstrated in recent days."Earlier today (this morning) we wrote about how IP Kat finally wrote about Friday's controversial hearing less than a day earlier. We mentioned that many blog comments would not show up. Some did. "The founding fathers of the EPO are spluttering in their cocoa or turning in their graves. Sad days," said one commenter. There was also this one:

Contrary to the view of the President's representative, a "dynamic" interpretation based upon secondary legislation is NOT possible in this instance.

The competence of the AC to amend Articles of the EPC is limited (by Article 33(1)(b) EPC) to amendments that are for the purpose of bringing the EPC “into line with an international treaty relating to patents or European Community legislation relating to patents”. This criterion is NOT satisfied with respect to Article 116 EPC.

Perhaps the President's representative is aware of a really obscure international treaty (or piece of EU legislation) which relates to patents AND which specifies that oral proceedings can be conducted by VICO without the consent of parties to the proceedings. However, given that they did not mention any such treaty (or legislation), then I can only assume that they instead believe that Article 33(1)(b) EPC can also be interpreted "dynamically" (ie in whichever way happens to suit the current plans of the EPO President).


The sentiments are very negative. These are legal professionals, either active or retired. They're not happy.

Staff of the EPO isn't happy either. Far from it. There are still many complaints about EPO management. In fact, copies of new key decisions can be found in SUEPO's Web site [1 [PDF], 2 [PDF], 3 [PDF],4 [PDF], 5 [PDF]] or the originals in ILO's Web site, which is trustworthy only for long-term preservation (not for access to justice, as history shows). We're not making local copies or videos, as explaining the full text would be hard (much studying required and the union is already doing that anyway, probably in cooperation with the aggrieved staff who would know the cases best). Here are the first pages (of each in turn):

ILOAT on #4430

ILOAT on #4432 ILOAT on #4433

ILOAT on #4434

ILOAT on #4435

Two of these concern the notorious strike deductions [1, 2, 3]. They concern many members of staff. The other three concern Circular 347.

In its public post about this SUEPO notes (revised for a slight error earlier today or just to add a case mistakenly omitted earlier today): "In its 132nd session the Tribunal delivered a total of 43 judgments, of which 25 concern the EPO (many of which were in favor of the complainants). [...] A detailed analysis of the most significant cases involving the EPO will be published at a later date."

SUEPO focuses on the positive outcomes in isolation. This is normal. "The encouraging news from this session is that the following cases were ruled in favor of the complainants [i.e. the staff]," but we can assume the rest involved lots of legal fees (burden on staff) without a positive outcome. We already know that António Campinos is lawyering up the staff, wasting EPO budget to basically attack EPO staff a second time around (first in the Office, then in the tribunals). He clearly does not seek peace and reconciliation. To quote a new comment from IP Kat: "Had the present and the previous management team been at the helm of the EPO at its beginning, the EPO would never have become what it is was before 2010. It is sad to see those pseudo managers, by no means leaders, driving the EPO into the wall merely to satisfy their desire for power. The AC has completely given up its control function, it is as has been the said the tail wagging the dog."

Yes, exactly! The AC (Administrative Council) has become deeply complicit, as we've repeatedly demonstrated in recent days.

Recent Techrights' Posts

[Meme] Unconstitutional Proceedings in Foreign Languages for the Benefit of Corporations Outside Europe
Why does the UPC even exist?
EPO: Language of Conflict
A letter about this has already seen sent
Links 13/05/2024: Wikimedia Rides Hype Wave, XBox Expected to Go Through More Layoffs This Summer (July)
Links for the day
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
 
Links 13/05/2024: Clown Computing Failing Again, Navalny Posthumously Awarded Prize
Links for the day
FSF-EEE (FSFE) and Microsoft, or How Microsoft Keeps Paying the Fake 'FSF Europe'
The FSF-EEE is not even authorised to use the name FSFE
Android Rises to 59% Market Share in Hungary, Windows Falls to All-Time Low
GNU/Linux in Hungary Reaches 3.5%
Approaching Our 3,000th Post (After Moving to a Static Site Generator Back in September)
the main purpose is to enable people to catch up
[Video] The Microsoft Crisis Isn't Over (More Mass Layoffs Planned)
We saw many attempts at suppressing information lately
Don’t Use Disney Minus. (Disney “Plus”)
Reprinted with permission from Ryan Farmer
Gemini Links 13/05/2024: Kingdom of the Dead and Narrative Adventure Game Gem
Links for the day
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year