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11.29.16

The International Labour Organisation Once Again Proves Useless for Labour of the EPO

Posted in Europe, Patents at 9:33 am by Dr. Roy Schestowitz

Long delay (about half a decade), then nothing

International Labour Organisation on EPO
The famous report where ILO complained about EPO-induced workload

Summary: The International Labour Organisation (ILO) is once again failing too serve justice, instead just sending complaints elsewhere, in effect into a black hole

THE ILO may have its reputation, but how much does it really help labour in international institutions like the EPO? With small amounts of money in compensation (orders of magnitude less of the damage caused) or referral back to the EPO, where the notion of justice simply does not exist, what does that make ILO justice look like? It makes one wonder if there’s even any rationale at all for dealing with ILO anymore. The message they get across is that they either don’t care or just want to make it appear like they care (or both).

ILO is overloaded/flooded with EPO complaints, but that’s hardly an excuse when every pertinent case may represent a ruined life if not a ruined family. Two decisions were expected to be delivered today. Right now we cover the first, which was published along with another decision (to be covered separately). Here is local copy of this decisions, just in case of removal [PDF]. The complainant is Mr S. C. F. and the judges are Barbagallo, Hansen, and Moore. Watch how useless the outcome was:

1. The decision of 24 June 2015 is set aside.
2. The case is sent back to the EPO for examination by an Appeals Committee composed in accordance with the applicable rules.
3. All other claims are dismissed.

The extract says: “As to the complainant’s request for oral proceedings, the Tribunal notes that the parties have presented their case extensively and comprehensively in their written submissions, which are sufficient to enable the Tribunal to reach a reasoned and informed decision on the only issue that must be determined at this stage. The request for oral proceedings is therefore rejected.”

One person told us that this “case sent back to EPO for examination by Appeals Committee composed in accordance with the applicable rules. Two members of the Appeals Committee were volunteers who were not appointed by the Staff Committee as specifically required. The applicable provisions and therefore the composition of the Appeals Committee cannot be considered to be the balanced composition as provided for by the rules.”

We hope that ILO is at least aware of its utter failure to serve a perception of justice, let alone justice. It serves to show just how out-of-control today’s EPO really is. Unlike Swiss CERN, this Switzerland-based institution is quickly becoming part of the problem. Battistelli can falsely claim — as he habitually does — that people have access to outside justice; but they haven’t.

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