09.26.21

How Basic Laws and Fundamental Rights Got Crushed in the European Patent Office

Posted in Europe, Patents at 9:32 am by Dr. Roy Schestowitz

Obey patent law while we break the law
The paradox or the irony was not overlooked

Summary: Our next series will show the sheer hypocrisy of the EPO, hiding behind the veil of (patent) law while so shamelessly violating just about every law in the books without facing any form of accountability

THE EPO under the wing of the two Frenchmen [1, 2] (3 out of 4 of the latest presidential terms were occupied by Frenchmen! Talk about diversity and tell us all about inclusion!) brought about a Vichyite regime — perhaps not surprising given the family background of this regime's architect. There’s no real concept of elections anymore (the dictator gets to choose his successor, usually an old friend), the staff is treated like dirt without any basic rights, and the patent system is turned/reduced to rubble, along with the system of justice. They still try hard to replace courts they do not or cannot control (something like UPC would allow European software patents without them ever being legalised in the first place).

“In order to fill this gap or this ‘vacuum’ we’re going to present a series here shortly.”As noted in passing (only in Daily Links), there’s still a barrage of very obviously fake ‘news’ about UPC and there are occasional puff pieces about the EPO. Nothing is being said about the ILO-AT situation even though it impacts Europe's second-largest institution and so many people.

In order to fill this gap or this ‘vacuum’ we’re going to present a series here very shortly. At the same time we will be in touch with European officials who are attentive to these issues.

ILO screenshot

09.25.21

[Meme] When the EPO Watches Everything (‘Dissidents’, Media, Etc.) and Isn’t Being Watched by Anybody

Posted in Europe, Patents at 11:19 am by Dr. Roy Schestowitz

AC, EPO, IU, EC, Justice, best in the world!

Summary: The EPO is taking Europe for a wild ride; Everything is a vehicle for the very same agenda, with nobody left to hold it accountable or ask any tough questions… (even the media is in the EPO's back pocket or back seat)

Virtual Oversight

Posted in Europe, Patents at 10:53 am by Dr. Roy Schestowitz

EPO Home
This past Friday’s update

Summary: “eMeetings” that simulate an impression of oversight are like ‘ViCo’ to simulate access to justice; will that ever change and will oversight be restored at EPOnia, Europe’s second-largest institution?

THE ‘sofa surfers’ from dozens of nations will ‘meet’ again in a few weeks to discuss the EPO. Don’t expect António Campinos to be criticised for his mishandling of Benoît Battistelli‘s unlawful “strike regulations”. Don’t expect them to bring up patent quality either (while the EPO grants loads of European software patents using the excuse of “Hey Hi” or “4IR” or whatever).

“Europe is under attack by a cabal of self-serving interest groups that prey on scientists and imperil science.”We’ll soon commence another series and we’re still in contact with political offices in Europe. Many people will be watching the actions — or inaction — of the misadministrative council (maladministration).

As we noted yesterday, "The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It’s About Patent Law (or Any Law)" because as of this moment, with the constant lobbying for an unconstitutional UPC, the EPO comes across as little but a front group of litigation companies and multinational monopolies, neither scientists nor Europe. In the process, the perception and practice of law in Europe rapidly erodes. There are many comments to that effect here, and to quote one little portion: “For EPLA, its promoters asked the opinion of CJEU. We all know the result: not conform to Union law, cf. C 1/09. And EPLA was dead.”

Europe is under attack by a cabal of self-serving interest groups that prey on scientists and imperil science. How many scientists are even in the panels below? Not many.

EPO calendar
It’s all “eMeetings” for ‘essential services’ like monopolies

09.24.21

[Meme] Some People Are Just Above the Law

Posted in Europe, Patents at 5:39 am by Dr. Roy Schestowitz

‘Herd immunity’ for EPO managers and their friends (the herd of nepotism)

Europol. You're under arrest! No, that's impossible. I'm an EPO manager.

Summary: A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?

The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It’s About Patent Law (or Any Law)

Posted in Europe, Patents at 3:41 am by Dr. Roy Schestowitz

Video download link | md5sum 947bdc12bc6c62024fd91ec991e4791b

Summary: There’s no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight

THE EPO reaffirms its conceited attitude by refusing to acknowledge that it broke the law, even when international tribunals unequivocally state so. We should not be too shocked that António Campinos is covering up for Benoît Battistelli, who basically set up a job for him and his friends from Alicante (millions of euros per year). What else can be expected from a family that crashes cars while drunk and then invokes "immunity"?

EPO newsToday is Friday, so we can expect some more shallow pieces like the ones shown on the left (including cover-up of privacy abuses using buzzwords like "clown computing").

As I’ve noted in the video (which was not scripted in any way), the EPO loves using COVID-19 for PR stunts, even though the EPO has done nothing about it except increase the price of vaccination (a price hike which is definitely a negative thing that harms the public interest). Earlier this week, as we noted in Daily Links, the EPO issued yet more patent monopolies on cancer [1, 2] and in past years we already explained the ethical implications.

“In short, the media is totally failing to do its job; not only does it not inform the public but it actively misinforms everyone on those important issues.”I’m sad to say and was saddened to discover that major political parties in Europe are falling for the propaganda of the EPO and sometimes Team UPC as well. The liars invest a lot in control of the media and publicity stunts (now it’s Slovenia). We’ll say more about this in weeks to come. In short, the media is totally failing to do its job; not only does it not inform the public but it actively misinforms everyone on those important issues.

09.23.21

[Meme] President Campinos Addresses the Legacy of Battistelli’s “Strike Regulations”

Posted in Europe, Patents at 6:04 pm by Dr. Roy Schestowitz

EPO meme part 1 - Campinos

EPO meme part 2 Kongstad

EPO meme part 3 Battistelli

EPO meme part 4 Punchline

Summary: A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers

[Meme] The EPO’s Carte Blanche and ‘Diplomatic Immunity’ Card

Posted in Europe, Patents at 3:24 pm by Dr. Roy Schestowitz

EPO card: No moral damages, No apology either

Summary: EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)

As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

Posted in Europe, Patents at 3:03 pm by Dr. Roy Schestowitz

Earlier this month: Two Months of ILO-AT Non-Compliance at the EPO and a Decade of a Docile Administrative Council That Approves Illegal Proposals

Extension of strike judgments to all staff

Summary: SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO’s attitude and stance, which is perhaps unsurprising but still extremely disappointing

MORE than two months after the historic judgements of ILO-AT the EPO‘s President, António Campinos, writes internally to staff about Benoît Battistelli‘s strike regulations being ruled unlawful. Almost a decade too late!

The staff union is rightly upset and understandably circulates another publication among members. We’ve decided to reproduce it below, in full, as HTML:

23 September 2021
su21024cp – 0.2.1/5.1/5.2

Extension of strike judgments to all staff “No moral damages. No apology.” What next?

In his Communiqué of 14 September, Mr Campinos finally detailed the Office’s approach regarding the strike judgments of the 132nd session of the ILOAT. The Office intends to apply the outcome of the judgments to all staff on strike since July 2013 only insofar as they concern excessive strike deductions or for unauthorised absence on 2 and 3 July 2013. No moral damages will be awarded to those who neither filed a complaint in front of the Tribunal nor an application to intervene1. In a meeting with the Central Staff Committee (CSC) on 15 September, Mr Campinos even strongly excluded any form of apology from the Organisation to its staff.

The Office intends to conclude all payments by the end of the year. For the time being, we strongly recommend that you maintain your pending complaints and applications to intervene. This paper provides more details.

Meeting with the President: Lessons (not) learnt
On 15 September, the staff representation could address for the first time directly with Mr Campinos

the ILOAT strike judgments of 7 July. The staff representation argued that all EPO staff had been adversely prejudiced by the violation of their fundamental right to strike and by abuses of power. An International Organisation cannot take a fundamental right from its staff, give it back more than 8 years later and pretend that nothing happened. In his reply, Mr Campinos threatened to reduce cash injections into the pension reserve funds if he were to grant moral damages to all staff. Mr Campinos added that we should understand that in our Organisation, it’s just about moving money from one place to another. One could expect that upper management could be held accountable for designing HR policies violating fundamental rights, but Mr Campinos preemptively warned anyone who could point the finger at his services which he fully entrusts with further reforms.

The staff representation then suggested that the Organisation takes responsibility for mistakes of the past by at least apologizing to its staff. Mr Campinos bursted out in anger and shouted that he would not apologize and that we would never get an apology from him. With this statement, Mr Campinos confirms that he not only takes full responsibility for the continued policies during the first 3 years of his mandate, but also fully endorses the Battistelli administration. Mr Campinos reproached the staff representation to be not constructive when willing to discuss events that happened ages ago and added that we may have won this one but we don’t win 8 out of 10 of our

_____________
1 According to Laurent Germond, Director Employment Law, the Office identified 38 complaints still pending in front of the Tribunal, some of them being joined by interveners.


cases. Here, Mr Campinos confused quality and production: in terms of legal procedures, some are more fundamental than others.

In the meeting, Laurent Germond, Director Employment Law, recalled that the Tribunal’s statute does not foresee any class action procedure and that complaints will remain of an individual nature. The Office intends to apply the outcome of the judgments to all staff on strike since July 2013 only insofar as they concern excessive strike deductions or for unauthorised absence on 2 and 3 July 2013.

SUEPO expresses its solidarity to all staff in the HR Department who are now striving to conclude all payments by the end of year and have to repair the damages caused by their upper management.

What next?

Concerning the still running procedures against the strike regulations, we recommend the following:

I. Case AT-5 5167: Mr Battistelli abused his power by not organising the UNITY ballot

In his Communiqué of 14 September and as confirmed in front of the staff representation, Mr Campinos excludes the award of moral damages to all staff who were deprived of their right to vote in the ballot for the strike of the “UNITY initative” of 16 May 2014.

SUEPO recommends that complainants and those who file applications to intervene (see instructions here) maintain their procedures.

II. Case AT-5 5179: the SUEPO called strike of 2 July 2013 was lawful

In his Communiqué of 14 September and as confirmed in front of the staff representation, Mr Campinos intends to apply the outcome of Judgment 4433, but only partially, to all those employees who participated in the industrial action of 2 and 3 July 2013. The unlawful deductions for unauthorised absence will be reimbursed, the threatening letter from Principal Director Human Resources (Ms Bergot at the material time) will be removed from the personal file, but no moral damages will be awarded.

SUEPO recommends that complainants and those who file applications to intervene (see instructions here) maintain their procedures.

III. Management review MR/2021-0025
Excessive strike deductions of the January 2021 for the December 2020 strike

Mr Campinos had rejected the management review in a decision dated 21 June 2021.

In his Communiqué of 14 September, Mr Campinos announces that the outcome of Judgment No. 4435 will be applied to all those employees who went on strike since the introduction of CA/D 5/13. This concerns as well the deductions made on the January 2021 salary slip which are now expected to be reimbursed with interests at 5% per annum, less the amounts which could have been deducted on the basis of 1/30th (as applicable prior to the introduction of CA/D 5/13).

SUEPO considers it not necessary that all concerned staff file a mass appeal against the rejection decision for MR/2021-0025 dated 21 June 2021.


IV. Case AT-5 5244: Excessive strike deductions of 1/20th are unlawful and punitive

The extension of the outcome of Judgment No. 4435 concerns the strike deductions during the period of October 2013 until April 2016 covered by this case and which are now expected to be reimbursed with interests at 5% per annum, less the amounts which could have been deducted on the basis of 1/30th (as applicable prior to the introduction of CA/D 5/13).

As long as the payments are not concluded, SUEPO recommends that complainants and those who file applications to intervene (see instructions here) maintain their procedures.

Conclusion
The still pending complaints and the filing of hundreds of applications to intervene since the announcement of the strike judgments on 7 July may have been one of the reasons for Mr Campinos to extend the outcome of some of the judgments to all staff.

We regret that Mr Campinos only decided to opt for a partial extension of the outcome excluding noticeably moral damages. This shows once again that in order to fully safeguard their rights, EPO staff must go to litigation.

SUEPO Central

As a side note, I was having a very productive today. Had a long (and long-distance) call with political entities willing to do something about EPO abuses. Tons of time and energy has been poured into it (research and talking/communicating), but it needs to be done and we hope to have some breakthrough soon. We’ll refrain from sharing any more details as they can jeopardise the process at this relatively early stage.

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