02.11.20

Sometimes ILO-AT is Good for Nothing But Law Firms in or Around Switzerland

Posted in Europe, Patents at 8:03 am by Dr. Roy Schestowitz

ILO and the UN contribute to the negative image surrounding them by not only abandoning but also draining resources of the labour force

Papers on face

Summary: ILO-AT’s latest judgements are out. But ILO — and by extension the UN — are still morally deficient and they give the impression that don’t care about people (or that ILO is in bed with the same businesses WIPO (UN) serves, i.e. no better than WB/IMF).

IF WIPO wasn’t bad enough, how about ILO? On the surface it may seem like it exists to protect workers. It’s in the mission statement, too.

Don’t let mission statements deceive you. Words on a Web site (or paper) are cheap. We want to see action, we need to examine track records. Even ILO’s own workers are disgruntled. The media wrote about it years ago.

When it comes to handling abuses of European Patent Office (EPO) management, ILO has been nothing short of appalling. It’s exceptionally sad as it is EPO workers’ last if not sole recourse. A top court in the Netherlands was even led to believe that the ILO’s tribunal is functional; well, by the ILO’s own admission (several reports and papers), it’s struggling badly and cannot keep up with EPO complaints — to the point where it considered throwing out the EPO (leaving it under no outside scrutiny/authority). ILO only contributed even further to those negative perceptions when it met António Campinos instead of staff or staff representatives. Is ILO just the “mop-up man” of EPO autocrats? Does it have a real court or a kangaroo court? Is the sole goal clearing the ‘backlog’ no matter what (or how)? Does that mirror the EPO’s misguided strategy? Playing ‘ping-pong’ with appellants (bouncing them back and forth in “no man’s land”)?

Some days ago we saw and wrote about tweets from Dr. Koch, a former staff representative at the EPO, whose appeal to ILO was ‘shelved’ for no less than 6 years! What sort of justice is that? And yet worse, she retorted, “My cases AT 5-4384 and AT 5-4532 were indeed deemed moot – the ILOAT did it!!”

“Don’t let mission statements deceive you. Words on a Web site (or paper) are cheap. We want to see action, we need to examine track records.”“I refer to Judgment no. 4256: my initials are on page 10 of that judgment. The complainants are not even compensated for the costs we made – we just “may[!] be entitled to costs in the resumed appeals”.

“As far as I’m concerned, there won’t be any “resumed appeals” with THIS Tribunal and even less with the EPO from my side in any nearby future, due to their procedural conduct.

“ILO seems fine with it. After a century of its existence it became another FIFA.”“My health severely deteriorated since 2015, I have a lot of stress-related inflammatory symptoms and feel unable to continue, especially since I was repeatedly set 30-days terms by the ILO-AT. I occasionally worked far beyond my limits to prevent this outcome and will be offline for a while from tomorrow.

“And, contrary to some other unfortunate EPO colleagues, I have no(!!) intention whatsoever to commit suicide – I just want you to know, for precaution…

“Please feel free to publish.”

She also wrote about this in Twitter yesterday. Tweets of relevance follow:

Over the years I have come across similar tricks — usually in political contexts. This is designed to drive appellants to exhaustion, causing them to lose morale/health, become broke, or both. It’s a game where those with deeper pockets always win. ILO seems fine with it. After a century of its existence it became another FIFA. The EPO’s lawyers made a fortune from this abuse — at times physical — of vulnerable people. How well do they sleep at night?

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