Bonum Certa Men Certa

The EPO's Staff Union Cautions the Administrative Council That the Office Once Again Violates the EPC (Typically With the Council's Complicity)

More newspeak

Professional Mobility (CA/32/22)
Professional Mobility (CA/32/22) isn't as lovely as it sounds and it's not even legal



Summary: The delegations are warned in advance that they be be conned into -- once again -- breaking the law by authorising unlawful proposals

THE EPO's staff union, SUEPO, has written to national representatives about 19 days prior to this month's meeting, which will also decide the future (or lack thereof) of António Campinos. Remember that Campinos performed no better than Benoît Battistelli; he perpetuates the same illegal agenda, including European software patents.



"Remember that through so-called 'cooperation' agreements (money) the EPO tends to bribe the so-called 'voters', so they end up voting in favour of illegal proposals."SUEPO Central wrote the following "OPEN LETTER" on Professional Mobility (CA/32/22), explaining to union members, various colleagues, and maybe other stakeholders (it's an open letter after all) that this letter "has been sent to the Delegations of the Administrative Council. The proposal CA/32/22 is in the agenda of the 171th AC meeting of 29 June 2022."

As usual, EPO management is breaking the law and violating the EPC rather directly. How can any sober delegate not see this and accordingly antagonise it? Remember that through so-called 'cooperation' agreements (money) the EPO tends to bribe the so-called 'voters', so they end up voting in favour of illegal proposals. That is how defunct and corrupt this institution has become!

Here's what the letter says:

10 June 2022 su22034cl – 0.3.1

To the Chairperson and the Heads of Delegation of the Administrative Council of the European Patent Organisation

OPEN LETTER

Professional Mobility (CA/32/22)

Dear Mr Chairperson, dear Heads of Delegation,

At the 171th meeting of the Administrative Council the package of the measures gathered under the title "Professional Mobility" with number CA/32/22 is on the agenda. By a CSC letter dated 17.05.2022 you have been informed already about the flawed consultation of the EPO staff representation on the underlying President’s proposal GCC/DOC 06/2022, such that a decision of the Administrative Council on CA/32/22 at this stage would be affected by severe legal uncertainties.

Moreover, already a superficial lecture of the document raises very worrisome concerns about the future working conditions of the staff being seconded under the framework to be established by the proposal.

Relating to the secondment of EPO employees to private or public bodies, the following topics are a source of concern and must be clarified before adoption:

- The lack of indications in the document on whether or not EPO employees may or should perform tasks within the Departments defined by Article 15 EPC, while being seconded to a public or private body at the same time; - The absence of any information on the scope and limits of tasks compatible with the secondment to public or private bodies; - The omission of essential details like the salary scales and allowances to be paid to seconded EPO employees, when performing tasks out of their place of employment; - The potential loss of immunities for the EPO employees seconded to public or private bodies, which may lead e.g. to loyalty conflicts, unexpected tax burdens or to immigration hurdles; - The lack of definition of the jurisdiction available to EPO employees for disputes arising during or derived from secondment.

With respect to the secondment of national experts to the EPO, we believe that seconded national experts may earn factual or legal entitlement to an employment at the EPO,




whereas their selection and supervision fall out of the powers of the Office, which de facto would bypass the internal selection procedures of the EPO. Further, it is not apparent that seconded national experts can enjoy the privileges and immunities of EPO employees, which may have consequences for them relating taxation or immigration.

We are very concerned about the fact that the proposal CA/32/22 implies full financing by the EPO of activities well beyond its core activities and thus incompatible with its mission. It is also remarkable that, according to this proposal, both seconded EPO employees and seconded national experts to the EPO will be mainly paid in the future by the Office, which surely will affect the financial results of the EPO in the long term.

We further suspect that the adoption of CA/33/22 may jeopardize the validity of the sovereign acts emanating from the competent departments of the Office, which may affect the Organisation's immunity from jurisdiction and execution under Article 3 PPI. We also think that the inviolability of the documents and archives of the Organisation can be hardly guaranteed under the framework created by the proposal.

We therefore request that the Administrative Council in its 171th meeting consider the proposal CA/32/22 as a document for information rather than for decision, pending a valid consultation and the required clarifications described in the present letter.

Finally, the wide range of the aims of the document allow for an ample decentralisation of the EPO operations. Beyond the apparent incompatibilities with the EPC, the Protocol Privileges and Immunities or the Centralisation Protocol, we believe that the timing for a decentralisation of the EPO is not appropriate in view of the recent perturbing political challenges for Europe, which require the strongest unity among the Member States. For these reasons, we suggest that the Administrative Council suspends the adoption of the professional mobility package until the celebration of the next Conference of ministers under Article 4a EPC.

Yours sincerely,

Thomas Czogalla

Acting Chair of the SUEPO Central Executive Committee

Copy: President of the European Patent Office, Mr. A. Campinos


Notice they've sent a copy to the -- in in his very own words -- "f***ing president".

Recent Techrights' Posts

Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
 
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025
IBM's Chronic Neglect Won't Save Anything and It Might Even Get IBM Sued
The problem is likely a lack of manpower, not deliberate shoddiness
Gemini Links 17/02/2025: Ideal OS, AuraRepo Alpha, and Simple Code
Links for the day
The "Cool Kids" Are Already Using GNU/Linux, Microsoft is Just Cheating
The future and the present are Linux
Links 17/02/2025: War on Dissent and Bloggers, Nationalism a Growing Theme
Links for the day
IBM Going International (and India)
It's Monday and a national holiday
GeekWire: Microsoft Bribes Us While We Cover Microsoft Affairs (Spin Doctoring), Hence We Are "Independent"
What good is a "journalist" sponsored by the very same company he or she writes about?
The Attacks on LinuxQuestions.org
Going to Clownflare only worsens the problem
The GNU Manifesto Turns 40 Next Month
The guardian of Free software (definition, licences, philosophy, hosting and so on) has managed to endure and persevere for 40 years. Very few others can say the same.
Microsoft Lunduke Belongs in 4Chan
Assuming Microsoft Lunduke is aware of the full context, he is now trolling not one but two decent organisations
In Europe and in India Richard Stallman Need Not Duck Anymore, People Trying to Cancel His Talk Have No Sway
the last time a talk by Dr. Stallman got canceled was about a year ago
Back From a Short Break
We can now resume and try to stick to the usual pace
Links 17/02/2025: LLMs Failing and Patreon Support Becoming a Burden to Bloggers
Links for the day
Links 17/02/2025: Blogroll Conundrum; Research, Scientists Under Siege
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 16, 2025
IRC logs for Sunday, February 16, 2025