Bonum Certa Men Certa

Two Years Without Progress on Impartiality of Internal Tribunals at the European Patent Office (EPO)

António Campinos fair trial



Summary: The biased nature of legal proceedings at the EPO (regarding staff and patents alike) goes all the way up to managerial abuse and maladministration

THREE days ago we mentioned repeated appeals for correcting an injustice at the EPO -- the sort of injustice that enabled Benoît Battistelli to attack truth-telling staff.

Being Battistelli's friend, who got the job from Battistelli, of course we never expected António Campinos to do any better. Even our more vocal critics would have to admit that we were right about Campinos all along (even years before he presided over staff as Office President). These clueless autocrats know nothing about managing people, they're not scientists (so of course they blindly push software patents in Europe against the advice of software professionals) and when they don't know what to say they just stonewall -- the equivalent of running and hiding at the top floors of the Isar Building.

The Central Staff Committee sent the following letter to Campinos in late June (amicably worded and factual, as usual):

Reference: re20097cl – 0.3.1/5.2 Date: 19.06.2020

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR – Room 1081

OPEN LETTER

Appeals Committee – Your letter of 10 June 2020

Dear Mr President,

The functioning of the Appeals Committee (ApC) has been a hot topic on the social agenda for much too long a period. The Central Staff Committee (CSC) deeply regrets that since you took office in July 2018 no progress has materialised. Your letter of 10 June 2020 lets us conclude that by the end of the mandate of the present CSC nothing will have changed.

Appointment of the chair and vice-chairs

The appointment of the chair and the two vice-chairs of the ApC pursuant to Article 111(2) ServRegs is to be made by 5 October 2020 at the latest, so as to guarantee its continuous functioning. The Administrative Council will have to appoint a chair and two vice-chairs for their ApC pursuant to Article 111(1) ServRegs by this date as well.

Whilst we appreciate that you invite us to appoint one staff representative to participate as an observer in the selection procedure, we urge you to launch the selection procedure now without any further delay. We already pointed to the importance of an early start of the selection process and an early publication of the vacancy notices in our letter of 31 January 2020 – unfortunately to no avail.

We would like to emphasise that the good functioning of the ApC is key for ensuring social peace in the Office – and for reducing litigation before the Administrative Tribunal of the ILO (ILOAT). Far too many colleagues perceive the current ApC only as a tiresome hurdle before getting access to justice before the ILOAT.

In order to contribute to a well-functioning internal mechanism for the resolution of conflicts, our intent is to seek agreement with you in the selection procedure on a chair and two vice-chairs of the ApC who possess the qualifications required for the appointment to a high judicial office or who are lawyers with an experience in employment law acquired at national or international level. They should not be employees of the Office and should not have been in closer relation to the Office within the past ten years. Our focus will as well be on gender and age diversity, in order to further emphasise the independence and neutrality of the ApC. It is self-evident that we would neither support nor accept any candidate who has defended a party – be it a staff member or the administration – in an internal procedure within the past ten years.

Appointment of the members of the ApC

Whilst we appreciate that you agree to broadening the pool of potential appointees to the ApC in principle, and whilst we share the intention that the independence and impartiality of the members of the ApC should be guaranteed, we recommend that best-practice solutions be adopted. Guidance in this regard could be found in Articles 23 and 24 EPC, as well in national law, e.g. €§€§ 41–49 ZPO (German Code of Civil Procedure).

Improvement of the functioning of the ApC

The ApC still does not function to the satisfaction of its members and of the appellants.

For practical reasons, it appears appropriate that the preparation of a proposal for amended regulations of the ApC – be it on the level of the Service Regulations, the Implementing Regulations or the Rules of Procedure – goes along with an early consultation and involvement of the CSC. Rather than putting it in the big scope of the Working Group on Resources and Communication, a smaller group dedicated to the rather complex subject-matter of the ApC appears more productive.

In the interest of the staff of the EPO, we express our sincere wish that the long-lasting issues of the ApC can be solved as soon as possible. Envisaging the October session of the Administrative Council would then fall together with the mandate of the new chair and vice-chairs.

Yours sincerely,

Alain Dumont Acting Chairman of the Central Staff Committee

cc.: Chairman of the Administrative Council; Mr Josef Kratochvíl



"The functioning of the Appeals Committee (ApC) has been a hot topic on the social agenda for far too long," the Central Staff Committee explained. "Independence, impartiality and competence of the chair, vice-chairs and members of the ApC are crucial for its proper functioning."

COVID-19 was becoming less of a valid excuse for procrastination at this stage.

"In this open letter," said they, "we request that the President (and the Administrative Council) takes all measures to improve the functioning of the ApC and restore the trust of staff in their ApC. The preparation of a proposal for amended regulations of the ApC goes along with early consultation and involvement of the CSC, preferably before the October session of the Administrative Council."

"Mafia-like culture is the norm when it comes to EPO management."We already know the October outcome, but we'll get to that at a later stage. Basically, nothing at all is improving at the Office. Nothing. The media is being gagged and bribed, so most people in Europe know nothing about those scandals. Open letters to the President aren't open to the public, only to colleagues, and those appointments to the Appeals Committee aren't an issue the public cares to understand, let alone the media. We were recently told that French media would get involved, but time will tell. We've already seen how EPO gagged and spiked critical pieces about itself, either by threatening, bribing, or both. Mafia-like culture is the norm when it comes to EPO management.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
 
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day