EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.01.16

The Rule of Law and Justice Don’t Exist Inside the EPO, Confirms the International Labour Organisation (ILO)

Posted in Europe, Law, Patents at 9:00 pm by Dr. Roy Schestowitz

EPO screw is loose

Summary: Further analysis of the latest rulings from the ILO — decisions that were long expected

THE EPO does not quite respect the principles of the Rule of Law and justice. It’s a mirage or an illusion. We covered it on Thursday, based on the latest ILO decisions.

The “ILO sends European Patent Office Director Battistelli flying,” EPSU which has been involved recently writes about this judgment (in Twitter earlier this evening), as it “Validates complaints [of] staff…”

This links to an article that a handful of EPO insiders told us about. One person said ““every single internal appeal” handled by the Appeals Committee in its current composition from Oct 14 to today legally flawed…”

William New from IP Watch wrote:

The judgments are “remarkable” for several reasons, said the source who wished to remain anonymous.

First, they show that the ILO is trying to clarify formal errors that upset procedures and cause major problems, said the source. In addition, both express criticism of the current EPO president, the source said.

Judgment No 3796 clarifies that “every single internal appeal” handled by the Appeals Committee in its current composition – from October 2014 to today – is legally flawed, the source said. That means that many cases will have to be dealt with again, after a new internal appeals system is created, the source said. To fix the flaw, the president will have to ask the CSC to nominate members for the committee, but because two members of the Appeals Committee have been demoted after disciplinary procedures were launched against them by the administration, the CSC has refused to act. “The ILO judgment puts pressure on” Battistelli to make concessions to the CSC, the source added.

In addition, under Judgment No. 3785, complaints by several hundred staff members against the new career system will have to be revisited, and those judgments will be delayed. Both decisions will likely figure into the 14-15 December AC meeting “since they show that employees’ justice is currently denied at the Office,” the source noted.

All of this is “bad for the reputation and credibility” of the European patent system, said the source. It’s also bad for the image of responsible governments such as France, the Netherlands and Germany, so “there will be a lot of pressure on the delegations to finally fix some issues.”

The latest fictional diary from the EPO is based on the above. Many people are likely to speak about this for quite some time to come.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Violence is Not Free Speech and Laws Exist Against Violence

    Free speech is certainly under attack and the debate is being framed within the context of Nazism; but this overlooks the fact that there are actual death threats and calls for genocide in the mix



  2. Links 19/7/2019: Oracle Linux 8.0, Latte Dock 0.9 Beta and PCLinuxOS KDE Darkstar 2019.07

    Links for the day



  3. Why Does Jim Zemlin Publicly Congratulate Microsoft?

    The signs aren't particularly encouraging when one considers that the leadership of the Linux Foundation is a fan of Microsoft and sometimes connected to Microsoft



  4. 2 Days Later (Case in Progress) and Still Media Silence About G 2/19

    The very legitimacy of years' worth of rulings and the EPO's abusive attacks on judges are under the microscope; but the media isn't paying any attention, perhaps deliberately



  5. The 'Linux' Foundation is Acting Like a Microsoft ISV Now, Commitment to Linux and FOSS Deteriorates Even Further

    The Linux Foundation has just announced a new Microsoft-funded initiative that's pushing GitHub and CLAs (passing copyrights on code to corporations)



  6. Links 18/7/2019: OPNsense 19.7, Krita 4.2.3 and KDevelop 5.3.3 Released

    Links for the day



  7. Index: G 2/19 (Enlarged Board of Appeal, EPO)

    G 2/19 (Enlarged Board of Appeal, EPO)



  8. EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

    "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."



  9. Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

    The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout



  10. Librethreat Database Updated

    Database which keeps track of variants of attack vectors on Free/libre software now includes two more forms of threat



  11. A Look Back (and Forward) at Friendly Programming

    Historical perspective on computer languages and how to do better



  12. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  13. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  14. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  15. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  16. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  17. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  18. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  19. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  20. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  21. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  22. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  23. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  24. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  25. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  26. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  27. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  28. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  29. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  30. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.


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