We have just been sent a copy [PDF]
of the written declaration sponsored by Pierre-Yves Le Borgn' (mentioned here before) and signed by 82 members of the Parliamentary Assembly of the Council of Europe. Rollbacks of fundamental rights at the European Patent Office are clearly not being tolerated. Here is the declaration as HTML:
Doc. 13836
25 June 2015
Rollback of fundamental rights at the European Patent Office
Written declaration No. 596
This written declaration commits only those who have signed it On 17 February 2015, the Hague Court of Appeal condemned the European Patent Office (EPO), arguing that its internal dispute settlement system led to a rollback of fundamental rights enshrined in the European Convention of Human Rights and the European Social Charter. The Court considered that the EPO could not invoke its immunity when a trade union is deprived of any means to challenge violations of the personnel's rights, for want of any legal remedy before the International Labour Organisation Administrative Tribunal or via any other internal procedure.
An international organisation cannot become a place of lesser law, sheltered by its jurisdictional immunity. Restraining the right of association, reducing the right to go on strike, preventing the personnel from being entitled to collective bargaining, depriving all organisations from any effective remedy and failing to carry out a court decision are all unacceptable developments. We call on the 38 member States of the EPO, all members of the Council of Europe, to bring this situation to an end and urge the EPO's management to comply with the decision of the Hague Court of Appeal.
Signed (see overleaf)
Doc. 13836 Written declaration
Signed1:
LE BORGN' Pierre-Yves, France, SOC AGRAMUNT Pedro, Spain, EPP/CD ALAVEZ RUIZ Aleida, Mexico ALLAIN Brigitte, France, SOC ANDERSON Donald, United Kingdom, SOC ANDREOLI Paride, San Marino, SOC BARILARO Christian, Monaco, ALDE BENTON Joe, United Kingdom, SOC BIES Philippe, France, SOC BðLGEHAN Gülsün, Turkey, SOC BLONDIN Maryvonne, France, SOC BOCKEL Jean-Marie, France, EPP/CD BONET PEROT Sílvia Eloïsa, Andorra, SOC CANTU SEGOVIA Eloy, Mexico CHAOUKI Khalid, Italy, SOC CHRISTOFFERSEN Lise, Norway, SOC CILEVIÃÅS Boriss, Latvia, SOC CORSINI Paolo, Italy, SOC CROZON Pascale, France, SOC DAVIES Geraint, United Kingdom, SOC DÃÂAZ TEJERA Arcadio, Spain, SOC DOKLE Namik, Albania, SOC DURRIEU Josette, France, SOC FLEGO Gvozden Srećko, Croatia, SOC FLYNN Paul, United Kingdom, SOC FOURNIER Bernard, France, EPP/CD FRESKO-ROLFO Béatrice, Monaco, EPP/CD GABÃÂNIOVàDarina, Slovak Republic, SOC GIOVAGNOLI Gerardo, San Marino, SOC GOSSELIN-FLEURY Geneviève, France, SOC GROSS Andreas, Switzerland, SOC GUNNARSSON Jonas, Sweden, SOC GUTIÃâ°RREZ Antonio, Spain, SOC GUZENINA Maria, Finland, SOC HAGEBAKKEN Tore, Norway, SOC HAIDER Monica, Sweden, SOC HARANGOZÃâ Gábor, Hungary, SOC HEINRICH Gabriela, Germany, SOC IORDACHE Florin, Romania, SOC IWIà ÆSKI Tadeusz, Poland, SOC JANSSON Eva-Lena, Sweden, SOC JURATOVIC Josip, Germany, SOC KARLSSON Niklas, Sweden, SOC KOX Tiny, Netherlands, UEL LE DÃâ°AUT Jean-Yves, France, SOC LESKAJ Valentina, Albania, SOC LONCLE François, France, SOC LUND Jacob, Denmark, SOC MAHOUX Philippe, Belgium, SOC MAIJ Marit, Netherlands, SOC MARKOVIÃâ Milica, Bosnia and Herzegovina, SOC MARTINEL Martine, France, SOC
_________ 1. SOC: Socialist Group EPP/CD: Group of the European People's Party ALDE: Alliance of Liberals and Democrats for Europe EC: European Conservatives Group UEL: Group of the Unified European Left NR: Representatives not belonging to a Political Group
Doc. 13836 Written declaration
MAURY PASQUIER Liliane, Switzerland, SOC MEALE Alan, United Kingdom, SOC MESTERHÃÂZY Attila, Hungary, SOC MULIÃâ Melita, Croatia, SOC NACHTMANNOVàOþga, Slovak Republic, SOC NEGUTA Andrei, Republic of Moldova, SOC NICOLETTI Michele, Italy, SOC OBRADOVIÃâ Žarko, Serbia, SOC OHLSSON Carina, Sweden, SOC PÃâSLARU Florin Costin, Romania, SOC PETRÃÂK ýubomir, Slovak Republic, SOC QUÃâ°RÃâ° Catherine, France, SOC RAWERT Mechthild, Germany, SOC ROCHEBLOINE François, France, EPP/CD RODRÃÂGUEZ Soraya, Spain, SOC ROSEIRA Maria de Belém, Portugal, SOC ROUQUET René, France, SOC SÃÂEZ Ãâ¬lex, Spain, SOC SCHENNACH Stefan, Austria, SOC SCHMIDT Frithjof, Germany, SOC SCHWABE Frank, Germany, SOC SEKULIÃâ Predrag, Montenegro, SOC SIMENSEN KÃÂ¥re, Norway, SOC STRIK Tineke, Netherlands, SOC SUTTER Petra, De, Belgium, SOC TAKTAKISHVILI Chiora, Georgia, ALDE TOMLINSON John E., United Kingdom, SOC VÃâSAITÃâ Birutė, Lithuania, SOC VORUZ Eric, Switzerland, SOC VRIES Klaas, de, Netherlands, SOC VUÃÅKOVIÃâ Nataša, Serbia, SOC XUCLÃ⬠Jordi, Spain, ALDE
_____________________________ Total = 82
The European Patent Office (EPO) was set up forty years ago. It currently employs about seven thousand highly qualified people, most of whom work at its offices in Germany (Munich) and the Netherlands (Ryswick). In 2014 alone, it received 274 000 patent applications from companies all over the world. Its budget of EUR 2 000 million makes it the second largest European institution after the Commission.
There have been a huge number of complaints about the EPO. Cases of staff suffering from depression (including four suicides since 2012), a climate of intimidation caused by the creation of an internal investigation unit, and restrictions on the right to strike have been reported by the trade union, SUEPO, which is now banned from EPO premises. Among other things, the union is complaining about management’s plan to lower the cost of registering patents at the price of employees' health.
Is the Commission aware of this situation and what is being done to investigate it? Also, what are the grounds for the immunity granted to the European Patent Office, which allegedly derives from the fact that it is extraterritorial, thus making it impossible for any legal action to be taken to protect workers' rights?
During this time in a Galaxy far away ....
The Administrative Council just extended for 3 years VP5 (Raimund Lutz) the man who finds everything perfectly legal (when national courts and parliamentaries don't)...
AND
VP1 (who will be 70 at the end of his mandate whereas max. pension age at EPO is 67....
AND
Battistelli starts his new mandate with secret salarial conditions ...
AND
the AC did not bother to comment on the on-going spying on staff reps/unionists nor on public spying
All is fine in Eponia !!
Many years ago I gave a promise to the Office, and with it to the general public of Europe, that I would examine patents and only grant those with a high probability of validity as far as I could establish. In return for this the office made a promise to look after me. We had an agreement, which I considered to be binding. I have kept my promise so far and I intend to keep my promise. Unfortunately this is not made easier by the fact the some people in the Office have decided to withdraw the promise made by the office to me by changing the whole substance of my working conditions without my agreement. If I am to keep my promise, this must be tolerated, however, since there is no functioning legal system which will tell them to stop, so I have no defence. None the less, I intend to keep my promise, since I believe, and all the evidence I've seen confirms, that valid patents are important for the general public and the whole patent system. It would be really nice if someone could persuade the office to revert to keeping it's promise. I do hope these initiatives are a step along the way.