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 BİLGEHAN 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

Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
 
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?