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

05.07.17

ILO Gives the European Patent Office Unfair Advantage in Disputes With Staff

Posted in Courtroom, Europe, Patents at 7:38 am by Dr. Roy Schestowitz

When people start receiving envelopes such as these they know justice is unlikely to ever be served (waste of time and money, good only for lawyers)

ILO envelope
Institutional Laziness Organization?

Summary: Dispute resolution cannot be attained at ILO because ILO does not properly enforce labour law, does not give staff adequate opportunity to respond, rarely issues an actual judgment (deferrals instead), and lets the EPO dodge compliance with rulings

THE EPO is habitually abusing the law and nonchalantly abusing its own staff. Incredibly enough, time after time it somehow dodges justice; it keeps getting away with it. Staff is in shock, not in awe, as there seem to be no safeguards for them, not even ILO (whose sole job is to ensure justice from a peripheral, independent angle). Something is seriously wrong and truly dysfunctional here. See what happens in WIPO (Switzerland) for parallels. Is this civilised Europe or have international bodies, especially those residing on European soil, descended to standards of third world countries? How can this be? Whistleblowers from these bodies face incredible retribution. They live in police states, sheltered by a bubble of immunity and impunity. There are de facto monarchs. They are above the law.

Claude RouillerReaders have begun writing to us with additional feedback. A lot of them got severely abused by the EPO, but few have the courage to speak about it, or to air their ordeals publicly (it’s like the EPO is blackmailing them). We have been hearing many complaints about Albert Koopman, for instance — a doctor whom we last wrote about one week ago. Why does his name keep coming up? How many people feel victimised by this man?

We have begun learning not just about abuse of ill and/or disabled people at the EPO (we have plenty of material related to that). We gradually learn about ILO’s apathy towards them, if not discrimination towards them. “ILO will only check whether the EPO follows their internal rules, but will not check the validity of these rules,” one person wrote the other day, alluding to Claude Rouiller's ILOAT. Well, the problems were explained in a document from SUEPO quite recently. “There we go,” told us another person. “Useless auditing process then.”

Here is the full comment about it:

A new document about the tribunal of ILO was just published by SUEPO. It is worth reading.

2 things are worth mentioning. First, there has been a change in style in ILO decisions under Battistelli’s time: the number of summary dismissals has increased considerably. Basically, there were none before Battistelli.
Second, and I feel this is even more important, ILO will not exercise any normative control. In plain English: ILO will only check whether the EPO follows their internal rules, but will not check the validity of these rules.

What does this mean in practice? In practice, it means that the EPO staff has to follow their end of the contract (like not talking to the press under penalty of losing their pensions) while the EPO council is free to change the terms of the contract at their leisure.

I think that the people seeking employment at the EPO ought to know.

Some people go further and raise suspicion that ILO is just rubbing the EPO’s back rather than policing it or enforcing labour law. See the following E-mail for example (redacted by us):

Date: ██████
From: ██████
To: trib@ilo.org
Cc:
Subject: URGENT procedural requests in re AT █████ and in re AT █████

In re AT █████ and in re AT ████

Dear Mr. Butler, dear Sir or Madam,

With regard to your e-mail of █████ 2017 (last in the e-mail exchange as attached) and to the EPO’s reply of █████ 2017 to this complaint which I received yesterday on ██████, I have the following comments, questions and requests:

1. Thank you very much for noting my request to join these two cases, yet I understand from you that they are not currently joint yet.

2. Given your earlier instruction (in some of my other cases, cf. your e-mail of ██████ 2015, among others) to remove cross-references to documents provided in other procedures it is unclear to me how I can “provide additional arguments and evidence” in reply to the EPO’s new allegations in their latest submission in re AT ██████, for instance on my alleged additional meetings with Dr. Koopman within the medical committee procedure, without being allowed to refer to such new allegations by the EPO and refute them. Could you please clarify?

3. In view of my fundamental right to reply to the EPO’s new allegations in re AT █████ I maintain my procedural request under 6. of my e-mail of █████ 2017 (as attached).

4. In view of the term of 30 days granted to me for my rejoinder in re AT ██████ in reply to the EPO’s extensive reply of ████ pages with ████ Annexes [Editor's note: massive numbers!], this term having started from the day of receipt, i.e. from yesterday, and in view of the extremely generous extension of 60 days provided to the EPO’s two specialised professional lawyers for their reply, I urgently request an extension of 90 days for my rejoinder in re AT █████ due to my chronic illness and to my personal obligations, my own administration, my social life, necessary repair works at my home, and the like.

Please confirm receipt for this e-mail.

Awaiting your prompt reply,
Sincerely yours,

████████████

What we are seeing above is a rather perversely disproportionate action; it’s asymmetric legal warfare against discriminated, abused (and as usual, then maligned) EPO staff with a chronic illness. We have heard from (and written about) similar cases involving other people, so there is certainly a pattern here. The EPO uses deep pockets (stakeholders’ money) to overwhelm and overburden the victim with legal fees, potentially bankrupting some. What kind of inhumane place has the EPO become and why does ILO shelter the EPO so much? Is ILO part of the problem? People are dying over this

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. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  2. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  3. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  4. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  5. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  6. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  7. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  8. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  9. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  10. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  11. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  12. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  13. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  14. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  15. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  16. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  17. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  18. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  19. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  20. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  21. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  22. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day



  23. The EPO's 'Inventor Award' Scam: Part III

    An addendum to the "inventor of the year" affair, namely the case of Remmal



  24. Apple and Microsoft Are Still Suing Companies -- Using Patents of Course -- Which 'Dare' Compete (by Leveraging GNU/Linux)

    The vanity of proprietary software giants — as the latest news serves to reveal — targeting companies with patent lawsuits, both directly and indirectly



  25. The Anti-PTAB (Patent Quality), Anti-§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

    The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals



  26. EPO Has Become Overzealous About Software Patents, Probably More So Than Almost Anywhere Else

    The promotion of an extreme patent regime in Europe continues unabated; whether it succeeds or not depends on what EPO examiners and citizens of Europe can do



  27. Links 15/5/2018: Black Duck's Latest FUD and the EFF's EFFail FUD Debunked Further

    Links for the day



  28. Xiaomi, Samsung, TCL and Others Demonstrate That in a World With an Abundance of Stupid Patents Like Design Patents Nobody is Safe

    The "Cult of Patents" (typically a cabal of law firms looking to have everything on the planet patented) has created a battlefield in the mobile world; every company, once it gets big enough, faces a lot of patent lawsuits and dying companies resort to using whatever is in their "portfolio" to destroy everyone else inside the courtroom (or demand 'protection' money to avert lawsuits)



  29. A Google-Centric and Google-Led Patent Pool Won't Protect GNU/Linux But Merely 'Normalise' Software Patents

    Patent pools, which are basically the wrong solution to a very clear problem, continue to expand and promote themselves; the real solution, however, is elimination of abstract patents, notably software patents



  30. The Patent Microcosm is Still Looking for Ways to Bypass CAFC/PTAB Invalidation of Many US Patents

    In pursuit of patent maximalism (i.e. a status quo wherein US patents — no matter their age — are presumed valid and beyond scrutiny) pundits resort to new angles or attack vectors, ranging from the bottom (IPRs) to the top (Supreme Court)


CoPilotCo

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

CoPilotCo

Recent Posts