02.22.18

Further Attacks on EPO Staff and the Appeal Boards; Former EPO Boards of Appeal Member Speaks About EPO Scandals

Posted in Europe, Patents at 5:41 am by Dr. Roy Schestowitz

It’s easy for her to speak out about these scandals now that she’s retired (just like Siegfried Broß)

EPO circus
Image credit: Sheikh it Sheikh it‏

Summary: In the process of devaluing EPO workers and perhaps preparing them for a large round of layoffs information is also revealed about further repressions against the independence of the Boards of Appeal

THE EPO is rumoured to be heading towards layoffs (700-1000 in number, i.e. 10-15% of staff), as we noted yesterday morning and CA/3/18 seems to be stripped apart by Battistelli, as we noted last night. “New Art. 53(1)(f) must be suppressed in the proposal CA/3/18,” another source told us overnight. “That was decided in the Board 28 meeting on Wednesday. So, the status of “permanent staff” is maintained. But the other foreseen changes probably stay in CA/3/18 (still to be confirmed).”

“We certainly hope that the German Constitutional Court is paying attention to this.”We are hearing these things (about layoffs and “permanent staff” status) from multiple independent sources, so it’s likely to be true. As time goes by rumours become concrete and eventually the press too reports these as facts (albeit belatedly, sometimes as much as a month late).

Here’s another new comment related to this (not many people will have noticed it):

Another curious detail is that in order to designate his deputy the President of the Boards of Appeal needs to have the approval of the President of the Office (CA/D 4/17).

https://www.epo.org/modules/epoweb/acdocument/epoweb2/257/en/CA-D_4-17_en.pdf

The background to this arrangement can be found in CA/53/17.

https://www.epo.org/modules/epoweb/acdocument/epoweb2/258/en/CA-53-17_en.pdf

We certainly hope that the German Constitutional Court is paying attention to this. Our next post will be about the German Constitutional Court.

Catarina HoltzIn the meantime, however, mind the following new comment from Catarina Holtz, [1, 2], who describes herself as “former legally qualified member of the EPO Boards of Appeal, former Appellate Court Judge Stockholm” when she says: (probably in a rush due to a few trivial typos)

I am very impressed, Herr Bausch, with your astute observations. But, there is a problem for every international organisation, which tells us why we cannot succeed going national with our complaints. Why? Because all of them work in a deficient legal environment. There is no other constitution than the convention under which it works, there is no Parliament or Government, with their respective functions, governed by the people who voted them into office. one to adopt laws, the other to excute them. And above all, there is no access to any court to deal with complaints, be they staff grudges against treatment of them, or parties to cases who feel discriminated. ILO is the single way out and as some have already observed, the EPO might just disregard them. And mark this, this is the situation for each and every international organisation from the UN down (remember the Kompass case?). Study the case law of the ECHR on cases where staff of such isntitutions have tried to be heard, eg. Waite and Kennedy v. Germany or Heinz v. the conctracting states to the EPO. These are examples of why there is no access to the ECtHR, the states and the organisation are immune. So the effort of the EU to become a member of the ECHR is commendable, that would give staff and others a venue to be heard. The rest is not silence, but a continuous effort is required to make the powers of the EPO to see reason. What is happening there is disgraceful.

A lot of this can (and probably should) result in sanctions against Battistelli and the UPC. In a society which is based on law and order such behaviour cannot be tolerated. We don’t expect ILO to intervene in any way because it’s part of the problem and labour complaints/appeals arising from ILO end up in its very own Administrative Tribunal, as ridiculous as that ultimately sounds (no independence). If the EPO Boards of Appeal is controlled (indirectly) by Battistelli, who sort of appeal (against the Office) mechanism is it really? Imagine a UPC headed by Battistelli…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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. Free Speech on the Web Not Respected by Companies That Used to Support Software Freedom

    Mozilla does not have to make its Web browser about politics; it can just make an excellent piece of software that is neutral about the Web pages that it renders, based on the user's personal preferences



  2. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part I: We Are Under Attack by Corporations and Their Salaried Facilitators

    The corporate takeover (taking over the Commons, produced by volunteers who are motivated by altruism) is a subject we must speak about and somehow tackle; this series will highlight uncomfortable or difficult truths



  3. InteLeaks – Part XVI: Intel Cannot Do Command Line, Even When It's Vastly Simpler and More Suitable for Development

    The Developer eXperience (DX) team at Intel seems to be full of Microsoft drones instead of developers and/or mildly technical people; this has not only harmed the quality of documentation but also upset staff, alienating people who actually understand what developers need (more than buzzwords like "DX")



  4. IRC Proceedings: Friday, January 15, 2021

    IRC logs for Friday, January 15, 2021



  5. Links 15/1/2021: KaOS 2021.01, Whisker Menu 2.5.2, Istio 1.8.2

    Links for the day



  6. InteLeaks – Part XV: Intel is Blind to Blind and Colour-Blind People

    Intel does not seem to grasp very basic concepts associated with accessibility; nevertheless, Intel shamelessly tries painting itself as "woke" and a "justice warrior" (policing speech while overlooking much-needed practical work)



  7. Links 15/1/2021: GStreamer 1.18.3 and Proton 5.13-5

    Links for the day



  8. IRC Proceedings: Thursday, January 14, 2021

    IRC logs for Thursday, January 14, 2021



  9. Links 14/1/2021: Wine 6.0, Debian 11 Freeze, and Alpine Linux 3.13

    Links for the day



  10. Patent Propaganda and UPC Jingoism Instead of Actual News

    Today's so-called 'news' about the EPO (Europe's second-largest institution) and the failed UPC is nothing short of shameless propaganda



  11. Links 14/1/2021: Season of KDE 2021 Selection, Mesa 21.0.0-RC1, Tor Browser 10.0.8

    Links for the day



  12. InteLeaks – Part XIV: Technical Incompetence and Incoherence Leading to Alienation and Brain Drain

    The idea that Intel "loves Linux" or "supports Linux" is somewhat of a sham; one needs only to consider what Intel insiders are saying about that, having witnessed it firsthand



  13. IRC Proceedings: Wednesday, January 13, 2021

    IRC logs for Wednesday, January 13, 2021



  14. Links 13/1/2021: $150 RISC-V Computer With GNU/Linux, Intel Replaces CEO Again, and New Fedora 34 Plans

    Links for the day



  15. Unitary Patent is Dead and Lies About the Unified Patent Court (UPC) Aren't Ending

    Not "Russian agents" but concerned European citizens are beginning to see the truth behind the Unified Patent Court, which the 'media' has wrongly called "Unitary Patent Court" three times in 2 days



  16. InteLeaks – Part XIII: GNU/Linux Documentation From People Who Never Even Use GNU/Linux

    Inside Intel there's a whole bunch of embarrassing secrets about the Developer/Development eXperience ("DX") team; no wonder documentation efforts have been lacking and far too much time wasted putting such documentation together



  17. Links 13/1/2021: Mozilla VPN, NeoChat 1.0.1 and Sci-Hub Under Attack

    Links for the day



  18. IRC Proceedings: Tuesday, January 12, 2021

    IRC logs for Tuesday, January 12, 2021



  19. GNOME Foundation is Still Participating in the Attack on Richard Stallman

    GNOME's supposed 'representatives' (close-knit friends with Microsoft connections) continue to attack RMS (Richard Stallman), the founder of GNU (the G in GNOME) and the Free Software Movement



  20. Links 12/1/2021: GTK 4.0.1 Released, Jailbroken iPhone 7 Running Ubuntu

    Links for the day



  21. InteLeaks – Part XII: Intel Isn't Interested in Improving and Instead It's Shooting the Messengers Who Highlight Areas for Improvement

    It seems rather clear that Intel (quite frankly like many other companies but perhaps even more so than the rest) isn't interested in self-assessment and instead it's looking to muzzle or even oust constructive critics



  22. IRC Proceedings: Monday, January 11, 2021

    IRC logs for Monday, January 11, 2021



  23. Tiger Computing Ltd Afraid of Being Seen as Close to the British Military, Resorts to SLAPP Against Blogger and GNU/Linux Developer

    Tiger Computing Ltd (UK) has resorted to baseless legal threats against critics and sceptics, based on clear and obvious misuse of trademark or copyright laws (they don't even seem to know the difference)



  24. Marketing Companies (Disguised as News Sites) Badmouth Linux, Go, Monero and More

    Another day, another shallow piece associating “Linux” with security risks based on something that has nothing to do with GNU/Linux and generally boils to nothing like a real threat (unlike Windows back doors)



  25. The Media is Slurring and Misleading Linux Users Instead of Just Telling the Mundane and Objective News

    The "big sites" or the so-called 'news' sites seem incapable of just objectively covering the news (in line with journalism/journalistic standards)



  26. Links 11/1/2021: Kdenlive 20.12.1, fwupd 1.5.5, Microsoft Offline Again

    Links for the day



  27. InteLeaks – Part XI: Accountability Issues and Disdain for Views/Opinions of Actual GNU/Linux Users/Developers/Communities

    The truth about internal affairs at Intel and developers' struggle with "low/non-tech involvement," as told by insiders



  28. Links 11/1/2021: Linux 5.11 RC3, Firefox Integrates More Patent Traps

    Links for the day



  29. As Microsoft Windows Drops to Just 30% Market Share the Microsoft-Connected 'Net Applications' Wants You to Think Windows Still Has Over 90% of the Market

    StatCounter says Windows is down to 30% this month (Android is at over 42%) and it’s time to talk about the lies which are still being spread by Net Applications (many so-called ‘news’ sites helped spread those lies last year, including so-called ‘Linux’ sites)



  30. IRC Proceedings: Sunday, January 10, 2021

    IRC logs for Sunday, January 10, 2021


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