Bonum Certa Men Certa

Immunity of the European Patent Office and Lack of Oversight Within the Organisation Mean That It's a Rogue Entity Above the Law

Battistelli and Kongstad
Jesper Kongstad has turned the Organisation into a lapdog -- not a watchdog -- of the Office (autocracy of Kongstad's predecessor), aiding even unprecedented secrecy around salaries



Summary: In light of remarks from the Attorney General in the Netherlands and in light of some recent and highly disturbing developments (like Board 28 folding for Benoît Battistelli), it is increasingly apparent that the EPO is disconnected from any accountability whatsoever

THE EPO's staff supports the staff union a lot more than it supports its own management. In fact, the President has a 0% approval rating. That's how grim things are. The Board, which is increasingly complicit in all this, admits there is "a crisis".



The Attorney General in the Netherlands now says that the EPO's staff union cannot hold the management accountable for breaking the law. We had the subject covered here shortly after this had made it into the Dutch media. Shortly afterwards we began seeing comments about it at a very old thread of IP Kat (which stopped its criticism of the EPO after the censorship, perhaps a prelude to legal bullying). We don't think that many people can see these comments (buried very deep inside the site, under page 2 of a very old article), so we reproduce them below. The first comment said:

hoge Raad: Dutch judges are not allowed to assume responsibility in cases against the EPOrg.

So, immunity upheld. SUEPO cannot file charges against the EPO anywhere, neither nationally or with ATILO (only for employees, not for,staff organisations).

So, what about illegal activities of the national representatives who voted in favour of rules which are illegal in their own country?


This links to this report which says: "De Europese Octrooi Organisatie (EOO) beroept zich in een geschil terecht op immuniteit van jurisdictie. Dat betekent dat de internationale organisatie niet voor de Nederlandse rechter kan worden gedaagd voor geschillen over de officiële werkzaamheden van de organisatie. De Nederlandse rechter is onbevoegd om te oordelen in een geschil tussen het in Rijswijk gevestigde Europese Octrooibureau, een onderdeel van EOO, en de vakbondsunie van het Europees Octrooibureau en de overkoepelende vakbond voor werknemers van EOO. Dat schrijft advocaat-generaal Vlas vandaag in zijn conclusie, een advies aan de Hoge Raad."

Here is a response to the initial comment:

should've read the publication (in Dutch) first, instead of just the headline....

This is the opinion of "an independent expert". He states that the European Convention on Human Rights does not require access to indpendent courts, and that the internal procedures of the EPO, as well as ATILO, allow sufficient remedies.

Well, the SUEPO does not have access to internal remedies, nor to ATILO....

The new expected date for a decision is 20 January 2017.


Another person gave a direct link to the document and said:



Thanks for the press release.

I will have to digest the actual "opinion" before commenting.


Then came a more detailed comment:



From paragraph 2:19 of the opinion of the Prosecutor (Google translated):

"The mere appeal to an alleged particularly serious breach of a norm of international law, or even a norm of jus cogens claim immunity from jurisdiction can not override . Honoring the claim immunity from jurisdiction by the courts in no way means that they held that infringement of property rights is permissible. It follows that the nature of the substantive rights at issue and the alleged severity of the infringement should not be included in the key or the proportionality requirement is met in the context of determining whether an application should be granted immunity from prosecution. I believe that the component also succeeds in this respect."

In other word, immunity is absolute, and does not depend from the nature of the infringement.

It is difficult to disagree, and a decision against SUEPO in January look improbable.

I don't blame the Dutch Government to uphold this principle of International Law though its Prosecutor - yes, when a drunken diplomat kills a little girl with its car immunity is uphold, even in front of public outcry. I note, however, that in general the Diplomat will quietly be asked to leave the hosting state to silence the controversy.

This is the least that the Dutch Government, through the AC, should require from EPO, to not appear to abide the abuses happening there.

But this will never happen, of course, and a decision in favor of battistelli and his regime in January will only embolden him and his clique.

It will be like saying "Here, Mr. battistelli: a blank cheque for you."


Separate threads, these ones nearly 4 months more recent (hence more visible), still talk about various aspects of lawlessness at the EPO. Consider the following new comment (from today):

The fear of M. Battistelli is that an independent audit checks the real situation at the EPO.

Currently all the numbers are given by M. Battistelli himself without any independent authority to supervise.


What's worse is, he produces self-commissioned propaganda with which to mislead the supposed 'overseer' (now more like "yes men" of Battistelli). Next week we will look a little deeper under the kimono of the Administrative Council and show that the Council too -- not just Battistelli -- has some skeletons in its closet. We must realise that nowadays the Council and the Board (partly overlapping) are actually complicit in all these abuses. Battistelli has turned both (by various nefarious means) into a lapdog rather than watchdog, in the same way mass surveillance in the US is now regulated or overseen by many of the same people who were responsible for it (revolving doors and private industry conflict of interests is what much of it qualifies as).

Recent Techrights' Posts

Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
 
Wikipedia Co-Founder (Not Wales) Expresses Support for Wikileaks Founder Julian Assange, Says Assange Will Probably Continue
probably exactly the sort of thing that the US prosecutors did not want
Marco Calegaro on Hacking Art Into a Community
talk by Marco Calegaro
Links 01/07/2024: Chokecherry Leaf and Agile Manifesto
Links for the day
Johannes Åsgård on Making the Raspberry Pi More Free With librerpi
Johannes (also known as dolphinana)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 30, 2024
IRC logs for Sunday, June 30, 2024
200 This Week
Monday started with 40 articles/pages and this is #200
Press Complicity and Public Apathy All Along Enabled 14 Years of Illegal, Arbitrary Detention and Coercion Into Plea Bargain of Julian Assange on Brink of Death
They basically blackmailed him into letting the US 'win' the argument
At the End Journalism a Crime (If It Involves Accessing or Gaining Access to Documents Marked "Confidential" or "Classified" by Those Looking to Hide Their Misconduct/Crimes)
At least in the US, especially where the imperialism is at stake
Links 30/06/2024: Tensions in Korea and Japan, Criminalisation of Sleeping Outdoors
Links for the day
100% Slop/Spam From linuxsecurity.com
This is the kind of stuff that's killing the Web faster
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024