07.02.15

Gemini version available ♊︎

Translation of Pierre-Yves Le Borgn’ Speech Against EPO Management and New Parliamentarian Interventions

Posted in Europe, Patents at 1:20 pm by Dr. Roy Schestowitz

Summary: More political fire targeting the EPO’s management, adding up to over 100 parliamentarians by now

DAYS ago we wrote about an intervention by Pierre-Yves Le Borgn’, who had already intervened before regarding EPO abuses. He has since then uploaded his short speech to YouTube and SUEPO has a translation. “Pierre-Yves Le Borgn’,” it said, “a French Member of Parliament, made an intervention at the Parliamentary Assembly of the Council of Europe on 25 June 2015.

“Mr Le Borgn’ explained the rollback of fundamental rights at the European Patent Office (EPO) and referred to the Report of the Committee on Legal Affairs and Human Rights from Mr José María Beneyto, Accountability of international organizations for human rights violations [...] The intervention is available on YouTube. A transcript is available here.”

We have made it available below as HTML in English, for future reference and permanent record.

Intervention by Pierre-Yves Le Borgn’ (PS)

Parliamentary Assembly of the Council of Europe at Strasbourg on 25 June 2015

http://www.youtube.com/watch?v=69s1vXjEo5M

“Thank you Mr. President. My question relates to the suppression of fundamental rights at the European Patent Office.

International organizations are most often accorded immunity from judicial intervention by virtue of the agreements and conventions which brought them into existence, or by headquarters agreements. This immunity allows them not to be arraigned before the courts of the state or states in which they are established. This is understandable and is good policy in particular with regard to the independence of the organization.

But immunity from judicial intervention does not mean creating a place not subject to the rule of law, or of lesser law and lesser right. Accordingly, a person working for an international organization, and there are tens of thousands of them on our continent, starting here at the Council of Europe, cannot be deprived of the right of being heard before a court, in accordance with Paragraph 1 of Article 6 of the European Convention on Human Rights. Again, but this time by virtue of Article 11 of the Convention, the right to collective action must be guaranteed. This includes the right of a staff union organization representing the employees of the organization likewise to be heard by a court or tribunal, where defence can be provided both individually and collectively. Thus it is that the Court of Appeal at The Hague summoned the European Patent Office on 17 February this year, suspending its immunity, which rarely occurs, is almost unprecedented, and in any case a rare thing, in order to protect the collective rights of some 7000 staff members concerned.

There can in fact be no doubt that policies which are at odds with the fundamental rights consecrated in the European Convention on Human Rights and the European Social Charter are developing under the cover of immunity from court intervention. Restriction on the right of association, reduction of the right to strike, impeding the right of collective negotiation, depriving an organization of any recourse to the courts, and failing to implement a court decision, which unfortunately is the case with regard to the judgment of 17 February, are profoundly unacceptable developments. I would therefore like to take the opportunity of this free debate to set before our Assembly, naturally, but also before the Committee of Ministers on which our 47 Member States are represented, 38 of which are also members of the European Patent Office. Two years ago the Parliamentary Assembly of the Council of Europe approved the report by our colleague José Maria Beneyto on the obligations of international organizations to answer for their actions in the event of violations of Human Rights. In the extension of the Beneyto report, this matter of the respecting of social rights, both individual as well as collective, of the staff of international organizations was deemed worthy of being extended, investigated, and, above all, strengthened.

I know the European Patent Office. I esteem all the added value which it provides for the European economy, and I appreciate the excellent work of its staff. But I am also aware of the climate which prevails within it: Management by fear, the impeding of collective action, failure to recognize warning signs, and absence of any independent mechanism of supervision and internal monitoring. I make appeal to the Member States, from whom the European Patent holds its legitimacy, to act, because now is the time to act.”

According to Florian Müller, there is more to it; he has found more questions from politicians. The EPO’s management is under more fire from many more politicians, “17 Members of the European Parliament” by Müller’s count. Here is the one with more names on it. Bear in mind this one is just one of several:

Kostadinka Kuneva (GUE/NGL), Lynn Boylan (GUE/NGL), Martina Anderson (GUE/NGL), Pablo Iglesias (GUE/NGL), Lola Sánchez Caldentey (GUE/NGL), Stelios Kouloglou (GUE/NGL), Paloma López Bermejo (GUE/NGL), Barbara Spinelli (GUE/NGL), Fabio De Masi (GUE/NGL), Tania González Peñas (GUE/NGL), Helmut Scholz (GUE/NGL), Neoklis Sylikiotis (GUE/NGL), Kostas Chrysogonos (GUE/NGL), Matt Carthy (GUE/NGL) and Miloslav Ransdorf (GUE/NGL)

Subject: Violation of labour and trade union rights in the European Patent Organisation (EPO)

The Dutch appeal court recently ruled (case number 200.141.812 / 01 / 17-2-2015) that the European Patent Organisation (EPO) violated workers’ labour rights deriving from the EU Treaties and the EU Charter of Fundamental Rights. Consequently the Dutch court, exceptionally, has not accepted the immunity EPO enjoys as an international organisation, since this immunity cannot allow for human rights violations. Nevertheless EPO declared it would ignore the ruling pleading execution immunity.

There is definitely strong momentum being built. Regarding DDOS attacks against this site, we are going to visit attorneys tomorrow regarding legal action against Amazon (which refuses to say who used its AWS facilities to repeatedly attack this site).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  2. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  3. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  4. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  5. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  6. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  7. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  8. Links 4/12/2021: Gedit Plans and More

    Links for the day



  9. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  10. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  11. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  12. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  13. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  14. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  15. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  16. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  17. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  18. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  19. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  20. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  21. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  22. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  23. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  24. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  25. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  26. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  27. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  28. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  29. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  30. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts