Bonum Certa Men Certa

'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

"When asked by Ars, the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

--Dr. Glyn Moody



Laurent Prunier (EPO) talking about the scandal at the EPO with Suzette Saint-Marc (Council of Europe)



Summary: The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe

Laurent Prunier is the latest victim of the brutal regime at the EPO, where many suicides have been reported (and some not publicly reported). A unions group which is familiar with and outspoken about union-busting activities at the EPO showed "L. Prunier (SUEPO) talking about the scandal at the EPO with S. Saint-Marc (Council of Europe) at the USF meeting during break in Brussels." (the link is seemingly broken and is connected to a surveillance Web site (Facebook), so the photo at hand got uploaded).



"Laurent Prunier is the latest victim of the brutal regime at the EPO, where many suicides have been reported (and some not publicly reported)."Staff representatives at the EPO, notably but not exclusively SUEPO, have raised legitimate concerns for a long time, but it wasn't until Battistelli and his crooked regime gained a foothold that they (and staff 'downstream', i.e. people they represent and protect) had their rights trampled on. Patent Administration members of staff are suffering the most (intense pressure), some people who are familiar with internal EPO affairs argue, and it's also where workers occasionally resort to suicide. 6 years ago concerns were raised by staff representatives [PDF], noting that PAs “have a day-job. Change is not the night-job" (that was the title). This long document said that "[t]here are intensive discussions going on about PA-staff’s future – so far without PA staff."

It also said that "complete reliance on electronic tools for treating applications may offer savings, but it also entails risks. The users must see their concerns addressed to avoid frustration if system failure and bugs put even more pressure onto the daily work in future."

"Patent Administration members of staff are suffering the most (intense pressure), some people who are familiar with internal EPO affairs argue, and it's also where workers occasionally resort to suicide."The EPO is already trying to replace examiners with computers, which leads to all sorts of integrity and quality issues.

A lot of the above is often being justified -- however poorly -- by saying that there is an ongoing "reform" and all the complaints are just a symptom of resistance/antagonism to change. Based on the quote at the top, the UPC has a lot to do with it. We have therefore been writing a great deal about the UPC recently.

The following new comment explains why the UPC cannot quite happen (or become a reality) unless there's cheating:

Revisiting the Gordon and Pascoe opinion, I am struck by the following passage.

"If the UPC were truly part of the Union legal order, it would already be subject to these obligations without them needing to be spelled out in the Agreement. Whilst Article 1 of the UPCA and Article 71a of the Brussels Regulation designate the UPC as a "court common to a number of Member States", we do not consider that such secondary legislation is capable of converting the UPC's fundamental status as an international court into that of a court which is part of the national legal order"

Upon reflection, I struggle to understand the argument that is being put forward here. In what way is Article 1 of the UPCA "secondary" legislation? The UPCA is, after all, the very instrument that establishes the UPC. Are Gordon and Pascoe therefore suggesting that we should view Article 1 of the UPCA as mere "window dressing", for the sake of appearances (ie the appearance of complying with Opinion 1/09)?



This was followed by another comment:



I forgot to add that Article 21 UPCA is also relevant.

"As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the correct application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court".

This seems to at least try to place the UPCA firmly within the Union legal order. It is a shame, therefore, that Gordon and Pascoe did not explain why, in their view, Article 21 UPCA also represents mere "window dressing".



We invite people across Europe, EPO staff included, to help us combat the misguided and possibly illegal (or unconstitutional) 'reform' which is UPC. This is a war of occupation by special interests against everyone in Europe including patent examiners. Nobody wants the UPC except prosecutors, patent bullies, and patent trolls (not even European).

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
 
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day