07.02.15

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

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Making JavaScript Suck Less

    "Other than that, the first rule of JavaScript is: Do not use JavaScript. But this article is for people who break the first rule."



  2. Microsoft 'Moles' Inside WINE Project? WINE Should Bring Windows Users to GNU/Linux, Not the Other Way Around.

    The press release above (link omitted, it was pinned in several sites) is a cause for concern; after Microsoft infiltrated OSI and the Linux Foundation (both are now GitHub boosters, in effect diverting projects to Microsoft’s proprietary monopoly) it’ll be important to watch this space



  3. Links 25/11/2020: Raspberry Pi 400 With Touchscreens, Animation Framework in GTK/GNOME

    Links for the day



  4. [Meme] Things Will Get Amusing When/If EPO Proceedings Are Cancelled Due to Patent Trolls Suing the Platforms Using Software Patents (Granted by the EPO)

    The management of the EPO is so proud to be granting illegal software patents in Europe; this clear abuse of authority can come back to bite it in the rear



  5. Dr. Bausch Questions the Merits and Claims of EPO Management Regarding ViCo ('Skynet' Virtual 'Courts')

    Few courageous attorneys are willing to speak out about (and against) what EPO management is doing right now, in effect exploiting a public health crisis to override the law, spy on lots of people, outsource legal proceedings to the United States and so on



  6. Links 24/11/2020: Linux 5.9.11, Istio 1.6.14 and LibreOffice 7.1 Beta Released

    Links for the day



  7. Lots of Good News Today

    A quick roundup of news and key developments; most of them are positive and they give us hope



  8. Massive Collective Action Begins at the European Patent Office Today, Demanding Change and Forewarning the Management (Litigation)

    The financial "hoax" at the EPO (taking away money from staff to feed a gambling addiction of managers) needs to stop; staff has begun mass-mailing the management, threatening legal action



  9. EPO Management is Still Distracting From the 'Elephant in the Room' by Corrupting Media and Academia

    Under the EPO's dictatorship the law is being routinely violated; in order for the public to not pay attention or receive mixed messages (resulting in confusion) the EPO is manufacturing so-called 'studies' (which patent offices aren't supposed to do; they should focus on patent-granting while complying with the law)



  10. EPO's Central Staff Committee on Latest Meeting With Office Dictator: “No Meaningful Discussion Could Take Place.”

    Whilst allegedly preparing legal action the staff representatives at the EPO report on the lack of progress after so-called 'dialogues' (merely a false impression of consultation)



  11. Growing Concerns That EPO Staff Has Been Placed Under de Facto House Arrest by an Entirely Unaccountable Office

    "House arrest" is excessive and disproportionate. So says the Central Staff Committee of Europe's second-largest institution (which surprisingly enough the media is failing to properly study and investigate) as it highlights yet more human rights violations.



  12. IRC Proceedings: Monday, November 23, 2020

    IRC logs for Monday, November 23, 2020



  13. Internal Error: Unified Patent Court and Unitary Patent Incompatible With the Constitution and Basic Laws

    The FFII has issued a statement for Members of the Bundestag, Members of the European Parliament, Members of the Council, German Presidency of the EU, Chancellor Merkel, Commissioner Von Der Leyen, Commissioner Reynders, and Battistelli's buddy Breton



  14. The EPO is Using Hype Wave and Buzzword to Promote Illegal Software Patents in a So-Called “Digital Conference”

    The "HEY HI" or "AI" hype is misused by the Office; not just in person but also in webstreams, which basically serve as a vehicle for illegal agenda



  15. Dutch Delegation and German Delegation at the Administrative Council of the EPO Upset at the Office for Secrecy, Working Behind the Scenes to Crush Productive Staff

    Less than halfway through his term at the Office, Battistelli's buddy already faces growing criticism and, according to the Central Staff Committee, he "was emotionally affected by the intervention such that he was not able to effectively reply to the questions of the delegates."



  16. Links 23/11/2020: GNU Guix 1.2.0, Evaluating Precursor’s Hardware Security, Kdenlive 20.08.3, Kodi 19.x Beta, Vulkan 1.2.162

    Links for the day



  17. Links 23/11/2020: Linux 5.10-rc5, GIMP Turns 25, 4MLinux 34.2, Escuelas Linux 6.11, MPV Player 0.33

    Links for the day



  18. How to Put on Airs of Professionalism Like a Boss

    "Boardroom suits are not meant to be flashy, but to conform. Simple lines and smart ties -- the opposite of what Richard Stallman would wear, show that you are either a well-machined cog or a serious adversary."



  19. IRC Proceedings: Sunday, November 22, 2020

    IRC logs for Sunday, November 22, 2020



  20. Legal Action at the European Patent Office (EPO) Leveraged Against Management... for Robbing EPO Staff and Robbing Europe, by Extension

    The EPO is being looted for its value; the staff is rightly concerned and there’s legal action on the way, filed reluctantly as there’s clearly no other option (a last resort/necessary recourse)



  21. Cory Doctorow at Privacy Week 2020 on DRM, Freedom/Software Freedom, Regulation, Etc.

    “We Used To Have Cake, Now We’ve Barely Got Icing” by Cory Doctorow.



  22. Links 22/11/2020: KaOS 2020.11, Calindori 1.3, KStars 3.5.0

    Links for the day



  23. New Position Paper on the Unified Patent Court (UPC) Says It's “Not the Best Solution for Europe” -- Clearly an Understatement

    UPC proponents (profiteers) aren't enjoying support anymore; not only has progress stalled (come to a complete stop) but the whole debate about the UPC (or anything conceptually like it) turned toxic and negative because facts come out, overriding lobbyists of litigation giants



  24. Mortality Rates Increase at the EPO and Christmases (or Holidays) During Corona Mean Fewer Days Off

    There's still no sign (other than hand-waving and empty gestures/smiles) that the EPO's management wishes to right the wrongs and undo the damage done over the past decade or so; in some ways, today's management is worse than ever before (grossly incompetent and eager to break the law at every turn)



  25. Newly Abnormal: A Crackdown on EPO Staff and Labour Rights in 'Survey' Clothing (Willis Towers Watson)

    In a very characteristic fashion, with zero consultation/input from staff (or staff representatives/union leaders) EPO President António Campinos proceeds to implementing illegal ‘reforms’, assuring any remaining non-sceptics that he’s just another Benoît Battistelli



  26. IRC Proceedings: Saturday, November 21, 2020

    IRC logs for Saturday, November 21, 2020



  27. [Meme] Good Advice From the FSF, So It's Time to #DeleteGitHub

    A good gift for the FSF would be git; not GitHub, but git



  28. Go Distributed, Go Encrypted, Go Secure, Transparency Still Possible

    Earlier today we enhanced access to our (sometimes anonymised) IRC logs by issuing text (ASCII) versions, which will from now onwards be a nightly/daily occurrence; we're also making everything we publish accessible from a large number of IPFS nodes (akin to P2P)



  29. IAM Celebrating and Glorifying Illegal Patents With Fake 'Awards' and Bogus 'Endorsements'

    IAM's fake 'awards' are nothing more than business and agenda-steering lies; it's time to call out again the real corruption that's driving IAM (which is itself supporting and advocating corruption)



  30. Been There, Done That: Team UPC's 'October' Becomes 'Early November' and Now Late November

    The self-serving litigation fanatics who mislead their customers are still at it; Bristows says that UPC has no issues other than “delay”


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