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

07.27.18

Correspondence With Dražen Petrović Reveals That ILO-AT is Indeed an Employer’s Court, Favouring EPO Management Over EPO Staff

Posted in Europe, Law, Patents at 12:46 am by Dr. Roy Schestowitz

Not a labourers’ court but a labourers’ foe, which drains their money under the assumption that fair trials are possible and employers would comply with an unfavourable outcome (some don't, without facing any consequences)

Cicero's Use of Judicial Theater
Reference: Cicero’s Use of Judicial Theater

Summary: What’s publicly advertised as access to justice for aggrieved employees in international institutions seems to boil down to injustice perpetuated and rubber-stamped, or unfavourable rulings (against employers) not being followed

THE face-saving tactic/strategy of the EPO, namely hiding behind the face of António Campinos, doesn’t impress us because we more or less understand what goes on behind the scenes. 12 days ago, for example, we showed the EPO’s management fighting to just 'intercept' or underline/thwart (for lack of a better word) the ILO cases. Justice isn’t the goal; they just waste stakeholders’ money on lawyers, trying to ‘win’ cases at all costs, draining complainants’ savings using legal bills. This is pure evil. This is known as legal bullying and staff should go public with this kind of stuff. It appears to be part of a pattern and a trend, which we assume SUEPO is well aware of already.

We’ve managed to obtain recent correspondence which sheds light on human rights aspects of all this, starting with the following from ILO-AT:

Dear ██████

Complaint No. ████

Further to my email of 12 July 2018 concerning your 13th complaint please be advised that the President of the Tribunal has approved your request to reply to the EPO’s comments.

I therefore ask you to send me six copies of your reply to the EPO’s comments by Monday, 20 August 2018.

The procedural requests mentioned in your emails of 12 and 16 July 2018 have no legal basis.

Yours sincerely,

Dražen Petrović
Greffier/Registrar
4, route des Morillons
1211 Genève 22
Suisse

Here’s the response:

Dear Sir or Madam,

With regard to your e-mail here below I respectfully request to extend my term
for reply to 120 days from now and to stay the proceedings in my ██ case no.
██████ during the procedural term for reply in case no. █████

Reasons:

1. My chronic illness, see letter by OH physician,

2. Recent pain in my right wrist under examination/treatment (since my last procedural term, see recent e-mail by my GP which I feel unable to translate currently*

3. Frequent stomach pain due to severe nervous stress caused by the EPO’s procedural conduct, slight gastritis recently diagnosed, see recent gastroenterologist’s report*

4. The EPO’s two(!) professional(!) lawyers had 90 days for their reply. In view of the principle of equal treatment of the parties I should normally be granted a term double as long as that granted to them, as I am just one(!) former employee, not a professional lawyer and also ill.

Please confirm receipt for this e-mail.

Sincerely yours,

██████

The ILO-AT set another 30-days term for reply after the EPO had a term of 90 days for their last submissions. This isn’t the first time they do this to this complainant and they probably do the same thing to other complainants.

Extension requested by the complainant resulted in this:

Dear █████

Complaints Nos ████ and ████

I acknowledge receipt of your email of 20 July 2018.

I shall consult the President of the Tribunal on your request to extend the time limit for sending me your reply to the EPO’s comments to your further submissions on your ████ complaint (AT ████).

If the President grants the above request for extension, we shall then seek the views of the EPO’s counsel on your application to stay the proceedings on your ████ complaint (AT █████) for the duration of that extension. The President will decide on that application inlight of the views of both parties.

Yours sincerely,

Dražen Petrović
Greffier/Registrar
4, route des Morillons
1211 Genève 22
Suisse

This is the latest:

Complaints no. █████ and ████

Dear Sir or Madam,

With regard to your e-mail of 24 July 2018: The procedure indicated by you here below is much too slow, given that you set me a term of 30 days only, until 20 August 2018, for my reply in re AT ████. This way I cannot make use of my rights under Article 5.1 of the Tribunal’s Rules to plead my own case. On █████ 2017 you swiftly extended my term of reply the following day. In
view of my chronic illness with proven recent aggravation (see attachments of this year to my e-mail of █████) I respectfully request a prompt extension of my term of reply also now.

In view of the Tribunal’s generally presumed independence it is not to the EPO to determine or even influence the Tribunal’s procedural decisions in my cases.

Sincerely yours,

██████

There seems to be some ‘circulation’ for this case, as it’s one of many that became more famous (or notorious). Quite a few people became familiar with this case, so ILO-AT can no longer keep it secret/confidential. In the above, the compliant is being implicitly refused an extension once more. This happened repeatedly at an earlier stage in various cases. Thereby staff rights under Article 6 ECHR as well as under Article 5.1 of the Tribunal’s Rules were violated.

“What good is a ruling without actual enforcement of it? Is an ILO-AT decision legally-binding only when employers win and mere judicial theatre when employees win a case?”No matter what they do, EPO complainants are being thrown around, compelled to spend a lot of time and money on cases that would likely go nowhere because, as SUEPO puts is, ILO-AT is an “employer’s court”. SUEPO and some SUEPO members are obviously keeping abreast of all this; in fact, that’s how the information gets leaked to us. It is being passed around and unless ILO (Guy Ryder, Dražen Petrović and the rest of them) care about their reputation, things will only exacerbate over time. This is, inadvertedly, becoming a case of ILO scandals, not just EPO scandals. Many nowadays feel as though ILO merely protects EPO management. It isn’t even enforcing rulings against EPO management, e.g. Judge Corcoran, SUEPO leaders and so on. What good is a ruling without actual enforcement of it? Is an ILO-AT decision legally-binding only when employers win and mere judicial theatre when employees win a case? This sort of judicial deficit can’t really be reported to anyone because ILO (UN) is itself immune, hence in a certain sense beyond and above the law.

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. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  2. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  3. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  4. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  5. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  6. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  7. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  8. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  9. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  10. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  11. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  12. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  13. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  14. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  15. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  16. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  17. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  18. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  19. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  20. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  21. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  22. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  23. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  24. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  25. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  26. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  27. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  28. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  29. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  30. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)


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