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 EPO No Longer Measures Quality of Patents; Instead It Publishes Fake Statistics

    The decline in patent quality at the EPO is a long-known issue and suppression of information about it merely enabled several more years of questionable patent grants, thereby putting at risk the perceived value of EPO services



  2. Speaking of “Social Democracy” While Suffering Extreme Democratic Deficiency

    The EPO represents an even broader assault on democracy in Europe (implicating ILO, Team UPC, national delegates, and national governments), but Benoît Battistelli is unique in the sense that he's disguising it or lying to himself about it



  3. Management by Intimidation Has Caused Deaths at the European Patent Office (EPO)

    An accurate diagnosis of the conditions created at the European Patent Office (EPO) by Benoît Battistelli and his cronies, who have essentially hijacked the Organisation -- not just the Office -- then attacked every 'enemy', either real or perceived



  4. The Difference Between Alain Pompidou and Benoît Battistelli as EPO President

    The different approaches adopted by Pompidou and Battistelli; one pursued amicable mediation and training, whereas the other resorted to vindicative witch-hunts, kangaroo courts, and a culture of terror which resulted in many suicides



  5. The Darker Past of the Next President of the EPO - Part IV: Links Between CGD (Former Employer of António Campinos) and the INPI

    More information about connections between CGD and the Portuguese Intellectual Property Office (INPI)



  6. Links 21/10/2017: Purism Against ME, Pop!_OS Ready

    Links for the day



  7. US Patents Appeal Board Attacked by the Patent 'Industry', Defended by Federal Courts, and Dodged by Patent Trolls

    PTAB, the branch or the 'court' responsible for eliminating bad patents, is coming under attacks from those who rely on poor patent quality and receives praises from everyone else, as usual



  8. In the United States, the Patent 'Industry' is a Dying Breed and China Adopts This Destructive Force

    The decaying patent microcosm, or the pipeline of low-quality patents and frivolous lawsuits these entail, loses its grip on the US; China, much to the astonishment of people who actually create things, is attempting to attract that ruinous microcosm (which preys on real, producing companies)



  9. Microsoft and Nokia's Patent Trolls by Proxy: First Conversant, Now Provenance Asset Group Holdings LLC

    Microsoft's shell game with patents (passing Android-hostile patents to trolls) carries on and publishers funded by these trolls offer the details, albeit vaguely and with obvious spin



  10. Anonymous Professionals Speak of Benoît Battistelli's Destruction of the EPO, But Why Does the Media Turn a Blind Eye?

    Everyone in the circles of EPO staff and EPO stakeholders knows that dysfunction has become the norm; European media, however, remains suspiciously silent about what otherwise would be a major European scandal (bigger than FIFA or Dieselgate)



  11. The Darker Past of the Next President of the EPO - Part III: More Details About Caixa Geral de Depósitos, Former Employer of Campinos

    The side of Campinos which he prefers to conceal, or rather his association with a rather notorious Portuguese bank



  12. UPC Looks Like More of a Distant Dream (or Nightmare) as Germany Adds Another Two Months' Delay

    The likelihood that the UPC will be altogether scuttled is growing as delays keep piling up and more complaints are being filed by public interest groups (as opposed to Team UPC, which hoped to shove the UPCA down everyone's throats behind closed doors)



  13. Patent Trolls Roundup: BlackBerry, Dominion Harbor, IPNav, IP Bridge

    A quick review of recent news regarding patent trolls or entities which resemble (and sometimes feed) these



  14. Battistelli's Destruction of the EPO is Bad for Everyone, Even Patent Attorneys

    The collapse of the European patent system, owing primarily to Battistelli's totalitarian style and deemphasis on patent quality, means that "the war is lost," as one professional puts it



  15. Links 19/10/2017: Mesa 17.2.3, New Ubuntu Release, Samsung Flirts With GNU/Linux Desktops

    Links for the day



  16. Some of the USPTO's Most Ridiculous Patents Are Scrutinised by “Above the Law” While Dennis Crouch Attempts to Tarnish Alice

    Controversies over patent scope and level of novelty required for a patent; as usual, public interest groups try to restrict patent scope, whereas those who make money out of abundance of patents attempt to remove every barrier



  17. Microsoft's Software Patents Aggression in Court (Corel Again)

    Microsoft's tendency to not only abuse the competition but also to destroy it with patent lawsuits as seen in Corel's case



  18. The Spanish Supreme Court Rejects the EPO's “Problem and Solution Approach” While Quality of European Patents Nosedives

    European Patents (EPs) aren't what they used to be and their credibility is being further eroded and even detected as such



  19. Europe is Being Robbed by Team Battistelli and the UPC/PPH Would Make Things Worse

    The European Patent Office (EPO) has put litigation at the forefront, having implicitly decided to no longer bother with proper patent examination and instead issue lots of patents for judges and lawyers to argue about (at great expense to the public)



  20. Team UPC Continues to Promote Illusion of UPC Progress Where There's None

    The core members of Team UPC in the UK spread obvious falsehoods in the media, probably in an effort to attract 'business' (consultation regarding something that does not exist)



  21. António Campinos: A True EPO Reformer or More of the Same?

    More unfortunate reminders that Campinos and Battistelli don't quite diverge on the big issues, they're just more than two decades apart in age (but the same nationality)



  22. Juve Has Confirmed That António Campinos is French

    The relationship between Campinos and Battistelli has a nationality aspect to it, not even taking into account the interpersonal connection which goes a long way back



  23. The Darker Past of the Next President of the EPO - Part II: António Campinos at Banco Caixa Geral de Depósitos

    A look at the largely-hidden banking career of the next President of the EPO and the career of the person who competed with him for this position



  24. SUEPO to the Media, Regarding Campinos: “No Comment, It’s Too Dangerous”

    António Campinos, who is Benoît Battistelli's chosen successor at the EPO, as covered by German media earlier this month



  25. Staff Union of the EPO (SUEPO) Willing to Work With Campinos But Foresees Difficulties

    New message from SUEPO regarding Battistelli's successor of choice (Campinos)



  26. Links 18/10/2017: GTK+ 3.92, Microsoft Bug Doors Leaked

    Links for the day



  27. The Darker Past of the Next President of the EPO - Part I: Introduction

    Some new details about Mr. Campinos, who is Battistelli’s successor at the EPO



  28. Confessions of EPO Insiders Reveal That European Patents (EPs) Have Lost Their Legitimacy/Value Due to Battistelli's Policies

    A much-discussed topic at the EPO is now the ever-declining quality of granted patents, which make or break patent offices because quality justifies high costs (searches, applications, renewals and so on)



  29. Patent Firms From the United States Try Hard to Push the Unitary Patent (UPC), Which Would Foment Litigation Wars in Europe

    The UPC push seems to be coming from firms which not only fail to represent public interests but are not even European



  30. In the Age of Alice and PTAB There is No Reason to Pursue Software Patents in the United States (Not Anymore)

    The appeal board in the US (PTAB) combined with a key decision of the Supreme Court may mean that even at a very low cost software patents can be invalidated upon demand (petition) and, failing that, the courts will invalidate these


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