07.13.18

Weeks Later António Campinos Still in Noncompliance With the Courts (ILO’s Tribunal)

Posted in Europe, Law, Patents at 11:29 am by Dr. Roy Schestowitz

Last week (and start of this week):

No comments for EPO

Today (from a slightly different perspective):

Comments for EPO

Summary: A ‘report card’ for the ever-so-intransparent (or nontransparent) new President of the EPO, who does not even bother obeying court rulings

THE NEW EPO PRESIDENT HAS JUST (one hour ago) completed the last working day of his second week in Office. He’s up there in the top floor with Raimund Lutz, Željko Topić and other people from so-called ‘Team Battistelli’, enjoying a penthouse with a bar (built secretly by Battistelli using undisclosed budget). Is the ‘new’ EPO any more transparent than the ‘last’ or the ‘old’ one (before EPO workers greeted each other “happy new year”)? Not really. There’s no indication of it.

Some people posted comments on the blog post of António Campinos, but these never showed up. They went right into an abyss. Campinos has since then made the “Comments” count vanish (see before and after screenshots at the top). So in a sense they merely decreased public participation (or an impression thereof). As we said a week ago, blog posts or words aren't enough to mend/heal the wounds. Campinos needs to actually initiate some action/s. Is he open to public consultation? Staff consultation? No comments have shown up in his first (and sole) blog post, so it was an effective as a “contact us” form, not actual commenting from the public. Welcome Mr. Campinos, the new boss, same as the old boss, Mr. Battistelli.

“Mr Campinos first impression is not impressive,” said the following new comment, which reveals that Campinos “has NO[T] officially contacted (much less invited) staff reps and/or unions…”

It also says that “NOTHING concrete has been done by Mrs Bergot, Principal Director HR who is vastly responsible for the social chaos at EPO, to execute the unambiguous judgment.” So the Rule of Law may never prevail again at the EPO. The EPO is happy to execute ILO judgments when these are in favour of the management; otherwise these judgments just get ignored. To quote the whole comment:

Sorry to spoil the party but according to reliabel insider information:

1 – since the ILO-AT judgment which foresaw IMMEDIATE reinstatement of Mrs Weaver and Mr Brumme, to this very date (09.07.2018 at 18:52) NOTHING concrete has been done by Mrs Bergot, Principal Director HR who is vastly responsible for the social chaos at EPO, to execute the unambiguous judgment.

2 – since his arrival at EPO one week ago, Mr Campinos has NO officially contacted (much less invited) staff reps and/or unions (but he started right away by circumventing them whilst meeting with “staff” directly (only a few of them and which one is unclear).

For someone who has been elected on a “social” mandate this is quite disappointing.

Future will soon tell if this changes for the better but since one has only one chance to make a first impression, the least that one can say is that Mr Campinos first impression is not impressive.

This was soon followed by another comment that said “only the croupier’s name changes.” It speaks of a form of bribery (vote-buying) by Battistelli:

I do not like the sound of this. Under his predecessor, cooperation has become an equivalent for transferring money to the small contracting states in exchange for unwavering support against all odds. No supervision at all, no accountability whatsoever. I guess Sepp Blatter was good at cooperation, too. The show must go on, only the croupier’s name changes.

With few exceptions here and there, the ILO-AT is still in the pockets of the EPO. Like Sepp Blatter we deal here with serious institutional corruption; but unlike Sepp Blatter, what we have here is impenetrable diplomatic immunity for perpetrators. Will Battistelli get a portion of the money he sent to his other employer (‘back-channeled’ to him in the coming months/years)? Who knows…

There’s meanwhile this new discussion of a lesser-known case, this one concerning Laurent Germond:

The Tribunal validated as “balanced” the temporary composition of the Appeals Committee between 1 January and 30 June 2017, which was relied upon in light of the CSC’s refusal to appoint members of the Appeals Committee (Judgment 4049). The Tribunal noted that two out of four members of the Appeals Committee were chosen “[b]y way of exception” among eligible staff members in the pool of staff representatives and that the composition was thus in accordance with the relevant provisions “which are not ambiguous”. The ILOAT’s judgment in this regard will bring stability for the Office’s internal means of redress which operate under the authority of external Chair and Vice-Chairs since October 2017.

Wherever relevant medical issues are identified during a disciplinary procedure, the Tribunal clarified the duty of the Disciplinary Committee to order a medical assessment and determine its scope. The Tribunal also stressed the duty of staff to cooperate with medical proceedings, which is the counterpart to the Office’s duty of care, and that in instances where a staff member refuses to undergo a required medical examination or to provide relevant medical background information, “the examination can be undertaken on the basis of documents, if necessary.” (Judgment 3989, consideration 4; cf. Judgment 3986, consideration 8).

In sum, the EPO-related judgments should be taken as a reminder of the need for the administration and all staff members to work together to enter into a constructive social dialogue and, in case of litigation, ensure the functioning of the legal protection of staff through an efficient system of internal and external means of redress.

Laurent Germond, Director
Directorate Employment Law

Märpel thinks that Mr Germond wishes for “the administration and all staff members to work together ” seem to forget that the it is the administration that dismissed staff members even when the appeal committee gave a positive opinion. He also seem to forget that the same administration created a new investigation unit with vast powers and absolutely no normative control. Last but not least, he also forgets that the same administration later modified the internal means of redress several times until they practically gave the administration 100% success.

The reason we’ve been attracted to EPO scandals is the sheer abundance of them. It’s a magnet of abuse, just like the UPC lobby, which we dubbed “Team UPC”. Yesterday we wrote about Team UPC's spin regarding the short statement from the British government — one that’s now being covered by World Trademark Review (“”No closer to clarity” – UK’s Brexit White Paper offers clues to future IP approach, but big questions remain”) and by Edward Nodder (Bristows) with that word “confirms” again (only hours ago). He said that in relation to something which boils down to a lie or intentional misinformation.

Bristows LLP has been marketing these ‘unitary’ patents for a number of years; it may have lots of explaining to do, e.g. to clients, if this advice was all for a bogus idea, just like those bogus job openings it kept advertising (the EPO is doing the same thing right now).

“This new development once again confirms the UK’s commitment to the project to establish a unified European jurisdiction on patents, as already made clear by its ratification of the UPC Agreement,” Nodder wrote. No, nothing has been confirmed and there are many barriers remaining. The EPO does not even obey the law when it’s expected to obey it like everybody else; giving it control over the UPC (courts) would be worse than insane.

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. IBM Panics and Resorts to 'Customer Retention' Tactics With Red Hat Enterprise Linux (RHEL)

    IBM 'frees' RHEL but with limitations that can restrict growth of small companies (or subject them to financial barriers, originally unforeseen)



  2. Recent Techrights Articles About President Joe Biden

    Instead of writing yet more stuff about the latest US president, let's look back at what we wrote in recent weeks/months



  3. Links 20/1/2021: LibreOffice 7.1 RC2 and the RHEL Contingency

    Links for the day



  4. InteLeaks – Part XXIII: Intel Paying for Bogus 'Research' 'Insights' Which Merely Seek to Justify Outsourcing to Microsoft and Imposing Microsoft's Proprietary Software on Free Software Developers

    Intel's preference for Microsoft monopoly (an imposed/top-down decision) was seemingly certified by so-called 'consultants' and 'analysts' from the outside rather than the inside, basically manufacturing a false perception of consent after managers had already made up their minds



  5. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part V: How FSF Secrecy Ended Up Insulting People, Alienating Trans Developers

    Having just uploaded this introductory video, we delve into the backstory or the real reason the FSF sank into somewhat of a crisis with the trans community almost half a decade ago



  6. InteLeaks – Part XXII: Bubbles and Buzzwords, No Substance at Intel's Internet of Things (IoT) Group (IOTG)

    The video above is continuation of the previous part about a document full of superficial buzzwords (not technical jargon anywhere), in effect recommending to managers that they blindly follow trends and cargo cults (such as Clown Computing) and not what’s most suitable for technical excellence



  7. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



  8. Links 20/1/2021: WireGuard for pfSense and New US President

    Links for the day



  9. Links 19/1/2021: Krita 4.4.2 Released and JingOS Hype

    Links for the day



  10. Team UPC Keeps Pretending That UPCA Can Still be Resurrected (Even Without the UK, Which is Strictly a Requirement)

    The latest distortion of facts regarding the Unified Patent Court (UPC) Agreement (UPCA) as seen from the lens of people who seek to profit from such distortion



  11. 'Ethical Source' is Not Ethical and Not a Movement But a Misguided Self-Serving PR Stunt

    Something which is neither enforceable nor ethical is being promoted by profoundly unethical media in the pockets of large corporations



  12. InteLeaks – Part XXI: Intel Seeking Advice From a Bunch of Clowns (Harbor 'Research')

    A firm called Harbor 'Research' is making dubious recommendations to Intel; as shown in the above video, there's also an obsession with buzzwords (typically suggestive of a lack of technical grasp/understanding)



  13. IRC Proceedings: Monday, January 18, 2021

    IRC logs for Monday, January 18, 2021



  14. The US Election Was Not Rigged, But the Nomination Process Was (Undermined to Maintain Control by Oligarchy)

    Cheating/driving the left out of the Democratic Party seems like a longstanding tradition and we know who stands to gain from it; moreover, problems remain in the voting process because it's controlled by secret code of companies like Microsoft (in spite of the openwashing)



  15. InteLeaks – Part XX: Redacted (for Names Only) Release of Intel File About Developer eXperience (DX) Meddling in GNU/Linux

    Today (or tonight) we release the first 'phase' of InteLeaks in a sensibly redacted form; coming up next is a surprise from Team Microsoft



  16. Sites in Bed With the EPO and UPC 'Covering' the 'News' Without Mentioning Any of the Overt Abuses

    It is rather sad that blogs like IP Kat have turned into proponents of abusive EPO management and Team UPC increasingly resorts to lying using pseudonyms (to avert criticism and accountability); much of the rebuttal or response that’s hinged on reality/facts can only be found in comments, which are still subjected to a face-saving moderation process (conducted by Team UPC)



  17. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part IV: Stories From the Depths of the Free Software Foundation (FSF)

    To reduce or alleviate suspicions and a potential of mistrust the FSF needs to become more transparent and liberate information (such as the real reason Bradley Kuhn left, as noted in the previous part)



  18. Links 18/1/2021: GNU Radio 3.9, Wikipedia at 20

    Links for the day



  19. InteLeaks – Part XIX: Intel's Web 'Experts' Seen as Microsoft Champions Dealing With the Platform Microsoft is Looking to Destroy

    Things aren't rosy at Intel because the hires aren't suitable for the job of documenting and/or presenting GNU/Linux-centric products (whose target audience is Free software developers)



  20. Adding Images as Characters to the Daily Bulletins of Techrights

    Our daily bulletins now have inside them coarse graphics, depicted using characters alone, and the tool used to generate them announced a new release earlier today; we showcase some of its features (in a new video)



  21. Links 18/1/2021: Weekly Summaries and Linux 5.11 RC4

    Links for the day



  22. IRC Proceedings: Sunday, January 17, 2021

    IRC logs for Sunday, January 17, 2021



  23. The Oligarchs' Parties Will Never Choose the Side of Software Freedom Because Free Software Cannot Bribe Officials

    The tough reality is that next week's (or this coming week's, depending on what Sunday counts as) inauguration ceremony is partly symbolic as all the same and important issues remain largely untouched, for corporations control almost everything of significance



  24. COVID-19 Has Actually Helped Software Freedom Due to Financial and 'Spare Time' Factors

    Developers and users are increasingly exploring what the Free software world has to offer; this is actually measurable and it contradicts claims to the contrary



  25. Future Plans and Using Videos to Complement Text

    Remarks on recent and impending site changes; We are not replacing text with video, we're just trying to enhance the presentation a bit, especially where visuals help make a point or where browsing through Web sites (or leaks) is more suitable than static, linear presentation



  26. InteLeaks – Part XVIII: Intel Does Not Know How to Properly Do Research and It Seems Apparent Unscientific Methods Are Used to Justify Poor Documentation

    There appears to be a severe crisis at Intel; they cannot recruit scientists (or those whom they recruited are walking away) and as a result the company produces bad products with poor documentation (or highly defective chipsets that top-notch marketing cannot compensate for); in this video we walk through some examples of how studies are being conducted (as already noted in Part XVII)



  27. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part III: The Free Software Foundation (FSF) Seems More Like a Victim of Destabilisation Campaigns

    The Free Software Foundation (FSF), which turns 36 later this year, is looking to raise money that helps support the GNU Project, soon 38 years old and likely the most important Free software project to exist (ever)



  28. Links 17/1/2021: EasyOS on Raspberry Pi and GNU libsigsegv 2.13

    Links for the day



  29. InteLeaks – Part XVII: The High Cost of Microsoft Windows Users in GNU/Linux Development Teams

    A look inside Intel explains what holds back the technical team, which bemoans the lesser technical people getting in the way and not even using the product that they are writing about



  30. IRC Proceedings: Saturday, January 16, 2021

    IRC logs for Saturday, January 16, 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