Bonum Certa Men Certa

Translation: Battistelli’s Patent Office Remains a Legal Island

Image and translation by SUEPO

Eppo König article



Summary: SUEPO's translation of the above article, which speaks about the EPO's immunity from the law -- an immunity it now exploits to reinstate its notorious reign of terror in the Netherlands [1, 2]

THE VERY FIRST article we found about the Dutch court's decision on the EPO we translated and published on the 20th of January. A very similar article was published in print (see above) and SUEPO has a translation of it. The author, Eppo König, is already familiar with the scandals, having written about them before, e.g. in [1, 2]. Here is SUEPO's translation:



SUPREME COURT

Battistelli’s patent office remains a legal island



The European Patent Office, based in Rijswijk, has been widely criticised. But courts in the Netherlands cannot intervene.

By our editor Eppo König

AMSTERDAM. Can an employer in the Netherlands have employees interrogated by a private detective without a solicitor? Can they dismiss trade-union leaders or reduce their salary or pension? Can they refuse access to the Labour Inspectorate if a suicidal employee jumps from a window of the office?

All this has happened at the European Patent Office in Rijswijk. And Dutch courts cannot pass rulings relating to the patent office. The Supreme Court confirmed this on Friday morning, in a long-awaited ruling. As an international organisation in the Netherlands, the patent office is immune, according to the Supreme Court.

In other words, the patent office is a kind of legal island in the Netherlands. The Supreme Court ruling is significant for all forty international organisations in the Netherlands, including the International Criminal Court and the European Space Agency. For the patent office trade union SUEPO, this is a major setback.

Well paid employees The office approves patent applications and grants patents that apply in all 38 countries who are members. With customers including Philips, Samsung, LG and Siemens, the patent office is important in protecting the European market. The office has 7000 specialised, well paid employees in Germany, Austria, Belgium and the Netherlands.

The patent office is also infamous, thanks to the temperamental French president, Benoît Battistelli (66). The president has now been at war for years with the SUEPO trade union, which says it represents half the staff but is not officially recognised. Last year, three trade- union representatives were dismissed and three others were demoted. SUEPO has denounced the work pressure, the authoritarian management and the legal position of the employees.

Emails blocked The battle intensified when the Court of Justice in The Hague ruled in early 2015 that the office could not limit strikes, block emails from the trade union and must recognise the union. Then Minister of Justice, Ivo Opstelten (VVD), ordered that the judgement should not be implemented, however, in order to guarantee the immunity of other international organisations: a very unusual situation.

The patent office appealed to the Supreme Court on this matter, with the support of the Dutch state, which acted as a party in the case. The Netherlands does not want to drive away other international organisations, as that would be bad for its reputation as well as its economy. Battistelli smartly reminded the cabinet last year that his office creates ‘1 billion euro’ in revenue in the Netherlands and is investing ‘250 million euro’ in new high-rise development.

The Supreme Court has now rejected previous judgements by the preliminary injunction court and Court of Justice in The Hague. The rights of employees are already sufficiently protected by the internal disputes procedure. They can also appeal to the International Labour Organisation (ILO) in Geneva.

But this disputes procedure is shaky and the road to Geneva is a long one, say employees. Only one solution remains, said SUEPO’s lawyer Liesbeth Zegveld, before the Supreme Court’s ruling. “Proceedings against the Dutch state, as the violation of trade-union rights is taking place on Dutch soil. Is the state doing enough to prevent this? The answer is no.”

During a conversation with State Secretary Van Dam, Battistelli left in anger

Exploitation Next month, there will be a parliamentary debate on the working conditions. During a parliamentary debate last month, the patent office was already criticised by the SP and D66 as well as the ruling PvdA and VVD. The PvdA gave the example of the exploitation of Libyan and Sudanese employees in London. Didn’t a British court rule in that case that the European Convention on Human Rights weighed more heavily than ‘diplomatic immunity’? The conflict has forced the Netherlands to confront a strange dilemma. The state supported the patent office in the courtroom but, at the same time, the cabinet is critical. State Secretary Martijn van Dam (Economic Affairs, PvdA) recently expressed his concerns about the ‘difficult relationship between unions and the top management’ in a letter to parliament. During the introductory meeting between Van Dam and Battistelli last year, the Frenchman left in anger.

The Dutch patent world is also concerned, says an Economic Affairs spokesperson. The Netherlands is represented at the office by Derk-Jan de Groot, director of the Netherlands Patent Office. Together with other important patent countries, such as Germany, France, Sweden and Switzerland, the Netherlands is among the critical member states. The problem is that the Administrative Council of all member states, the highest body, is too large and diverse to come up with a solution. Last year a revolution seemed to have broken out, when 26 of the 38 member states (with 12 abstentions) called a halt to Battistelli’s actions. They demanded arbitration in the conflict, an end to ongoing proceedings against trade-union members and reformation of the punitive measures. But almost all proposals were delayed, so that the situation ‘has not yet improved’, according to an Economic Affairs spokesperson. One member of SUEPO, who was at home with stress, was then dismissed. It seems as if all parties want to wait out Battistelli’s second term, until 30 June next year. The patent office welcomes the ‘confirmation of the legal immunity’ by the Supreme Court and ‘will continue to strive to strengthen the social dialogue’, says a spokesperson.


A couple more translations were published by SUEPO today and the next post will be about those.

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
 
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day