Bonum Certa Men Certa

Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

EPO and Life

Summary: The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!

TODAY we have some better news to share about the EPO, which participated in the parade of UPC lies a few days ago, in effect promoting illegal agenda (António Campinos keeps showing he's no better than Benoît Battistelli, he's just equally good at lying and breaking the law).



"New Ways of Working," [euphemism warning] according to the Central Staff Committee of the EPO, got "[s]topped by the [Administrative] Council" (wait, what??? The Administrative Council 'stopped' something proposed by the Office???).

In the words of the Central Staff Committee: "The guidelines on New Ways of Working (CA/77/21) were originally tabled for opinion on the agenda of the 169th meeting of the Administrative Council (CA/69/21) on 14 December 2021. On the day of the meeting, the document was rescheduled as for information only. The meeting report published on 21 December 2021 by the Office remains silent about the details. In fact, major concerns expressed by Member States, in particular host states and large states, took away the hope of a positive opinion. The topic of the New Normal remains controversial with the potential to drift into a governance crisis and further attacks on staff working conditions. Today, there is no certainty as to whether these issues will be solved in the March or June 2022 Administrative Council meetings, or even later in the future. More than one year after the Willis Towers Watson survey, the New Normal [euphemism warning] topic is now back to square one."

"Citizens of Europe deserve to know better (than the face-saving whitewash in the EPO’s site) what’s happening in Europe’s second-largest organisation..."Circulated among staff of the EPO was the following publication -- a "paper [which] explains in detail what happened in the Council," according to the Central Staff Committee.

You don't get to enjoy both immunity and secrecy. Citizens of Europe deserve to know better (than the face-saving whitewash in the EPO's site) what's happening in Europe's second-largest organisation and in light of recent violations of the law on an unprecedented scale (Trojan horse for European software patents and many other bad things) it is imperative that full transparency is moreover imposed, revealing the gory situation of an ill patent office which hopes to hijack and subvert all patent courts across the EU, just as it subverted its own tribunals.

The Central Staff Committee has explained things as follows:

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Munich, 21-01-2022 sc22001cp – 0.2.1/4.2.2/4.4

New Ways of Working: Stopped by the Council



The guidelines on New Ways of Working (CA/77/21) were originally tabled for opinion on the agenda of the 169th meeting of the Administrative Council (CA/69/21) on 14 December 2021. On the day of the meeting, the document was rescheduled as for information only. The meeting report published on 21 December 2021 by the Office remains silent about the details. In fact, major concerns expressed by Member States, in particular host states and large states, took away the hope of a positive opinion. This paper explains what happened.

Warning signs in Board 28

Board 28 is a sub-group of the Administrative Council. It usually meets a few weeks before the coming meeting of the Administrative Council. According to the minutes of the Board 28 meeting of 19 November 2021 (B28/8/21), there were already warning signs that the guidelines on New Ways of Working remained controversial among the delegations:

“Some members indicated that their internal consultation process was not finalized yet. Some asked for clarification about the future organization of the activities of the Office or the potential impact on the social package benefitting EPO employees” (emphasis added)

From “for opinion” to “for information”

The guidelines on New Ways of Working (CA/77/21) were originally tabled “for opinion”, this means that a vote were to take place and, if positive, the Guidelines could be implemented by the Office.

Shortly before the meeting of the Administrative Council on 14 December 2021, Mr Campinos received various feedback from the delegations showing that the text “New Ways of Working” remained controversial. The document was then rescheduled as for information only. This is rather unusual. In this way, a vote on the document is postponed and no implementation can take place.

During the meeting, the delegations which took the floor against the document were essentially the host states and founding countries of the European Patent Convention:

Major concerns: too generous, governance issues and lack of clear legal basis

Germany

As a host state, Germany considered that it should have been involved earlier in the consultation process, as the guidelines have the potential to change the working basis of the Organization. Germany referred to Article 6 EPC which states that the Organization shall be located and have its headquarters in Munich. Germany found that it would be difficult to reconcile Article 6 EPC with the minimum compulsory presence of only 20 days. Indeed, an employee may combine 20 days of work in the Office in Munich with 20 days in Berlin to meet the requirement of 40 days per year in the Office.

Germany pointed out that the rules of the EU Commission required a stronger link to the place of employment. In this respect, Germany asked that the length of the “pilot” should be reduced from three years to one or two years to allow frequent revision. In its view, a period of three years allows staff to change their way of life and bears the risk that EPO employees get used to the new situation irreversibly. In addition, Germany pointed to a lack of a legal basis of the guidelines. Indeed, the Office does not foresee any amendment to the Service Regulations although Article 55a ServRegs still defines that “Permanent employees in active employment shall normally perform their work on the Office’s premises”. Furthermore, Germany asked for an impact assessment on the Protocol on Privileges and Immunities (PPI).

Germany considered that the document did not address the concerns raised earlier on the sense of belonging and the quality of the work. In its view, the Office was currently capitalizing during the pandemic on already existing strong teams and staff used to work with each other efficiently. On the other hand, the Office was not taking active measures to integrate new employees. Furthermore, Germany wondered whether all appropriate measures were currently being taken to ensure the confidentiality of unpublished patent applications.

Finally, Germany noted that working conditions of EPO employees could be reduced by shortening the home leave for instance.

France

France expressed concerns on the reduction of the minimum presence at work and considered that a better balance should be found. It also saw in the proposal decentralization aspects difficult to reconcile with collaboration, the sense of belonging and the development of an international Office culture. France even asked that the Office issues a report on the “New Normal” every six months.

The Netherlands

The Netherlands supported the positions of Germany and France and found the proposed guidelines too generous and difficult to revert: “Granting rights is easier than revoking rights.” It requested further discussions with the Ministry of Foreign Affairs and the Ambassador for International Organizations. In its view, the proposal raised many questions on the Protocol on Privileges and Immunities (PPI) even after the latest updates provided by Mr Ernst (Vice-President International and Legal Affairs). The Netherlands added that the role of the Office was to provide a consistent service and asked how data protection rules would apply if employees worked from their home country. Without specifically addressing the expatriation allowance, the Netherlands wondered whether the generous compensations and benefits would still make sense with teleworking. Finally, in its view Information Security would be at risk because it would also depend upon the behavior of employees working in other EPC Contracting States.

Denmark

Denmark stated that teleworking may become irreversible and that the Building Investment Program should be adapted accordingly. In its view, the Office should not have been so generous in granting teleworking at the beginning of the pandemic. The duration of the pilot should be reduced with a yearly revision. Otherwise, it would be difficult for the Office to solve potential problems arising from a lack of consistency in the work and quality. The minimum presence of 40 days in the Office per year was too low and would endanger the sense of belonging. The 60 days of teleworking in another EPC contracting state combined with other leave would amount to almost 6 months outside the country of employment. In this respect, Denmark asked for a revision of the salaries and allowances. Finally, Denmark pointed out the lack of clarity in the limitation or suspension of teleworking (Article 7(4) of the guidelines) and the exceptional circumstances (Article 5(1)) triggering compulsory teleworking.

Other countries

Croatia supported the intervention of Germany, remained very skeptical with respect to IT Security with increased teleworking and wondered why the office was only lately applying for an ISO 27001 certification on information security management. The United Kingdom supported the idea of reducing the period of the “pilot” and asked whether the Building Investment Program would be postponed by another three years. Sweden, Italy and Finland supported United Kingdom’s view. Sweden noted that the concrete proposals made in the guidelines were far-reaching. In its view, the world is fast-changing and a pilot project should therefore be shorter. Italy asked for a benchmark with other International Organizations (European Commission, WIPO, EUIPO). Although supportive of the document, Spain also acknowledged risks in the sense of belonging. Switzerland warned that staff might use German IP addresses not corresponding to their actual location to circumvent the rules. It also saw a risk of unequal treatment among staff in the application of the rules leading to an increase in conflicts at the EPO.

Conclusion

The 169th session of the Administrative Council in December 2021 showed again that the topic of the New Normal remains controversial with the potential to drift into a governance crisis and further attacks on staff working conditions. Today, there is no certainty as to whether these issues will be solved in the March or June 2022 Administrative Council meetings, or even later in the future. More than one year after the Willis Towers Watson survey, the New Normal topic is now back to square one.

The Central Staff Committee


Notice that they describe as "too generous" the working conditions that already deteriorate, along with salaries. So the motivations or the rationale of the sceptics may be exceedingly insincere. Is there a glimmer of hope for oversight? Or does the Council want the Mafia (running the Office) to be even crueler to the staff?

Recent Techrights' Posts

Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
Techrights Should be Even Faster Now
We're now better off
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
 
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?
The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
10,000+ dollars a week even without campaigning for more funds
Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
Links for the day
Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
Links for the day
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025
Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
So bury-brigading and click-farming control what people see
Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
Geminispace does not need to outsource trust
The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
Active Twitter account
Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
Links for the day
Announcements and Administrivia
This week we're going out for two days in a row to celebrate an achievement that's very respectable
Gemini Links 29/01/2025: Japan, GTD, and More
Links for the day
Sir, Yes, Sir. The Life of EPO Patent Examiners.
If working for the EPO makes it harder to sleep at night, take action
How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
insights into the pressure examiners are under
LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
Links for the day
Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
the intellectual level of people who infest the Web through "Twitter" or "X"
This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
Then they post about it to Microsoft's LinkedIn
Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
62 years have passed since his "young nerd" days and he's still at it
Claim: Facebook Deletes Posts of IBM Red Hat Critics
As always, follow the money (advertisers)
Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
Links for the day
Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
Links for the day
More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
breaking the law for profit
Network Improvements Tomorrow
"Network maintenance" down in London
Sharing is Caring (But Advocating Copyleft Makes You a "Target")
GPLv3 does not close all the loopholes which the "Affero" helps close
Articles About Free Speech at Facebook
'Facebook vs Linux' story is now receiving a lot more media coverage
We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
"Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
Only a fool would visit BetaNews in search of actual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 28, 2025
IRC logs for Tuesday, January 28, 2025
The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
Do not negotiate with evil
The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
Of course Wikipedia is funded by Gates
Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
Gemini Links 29/01/2025: Neovim Telescope and Writing Less
Links for the day