Bonum Certa Men Certa

The Council of Europe Slams the EPO as Political Pressure Grows for EPO Management to Obey the Law

An emergency

Summary: Battistelli et al. come under yet more fire as politicians -- many of whom from Battistelli's home country -- become better informed of the EPO's management fiasco, abuses, and scandals

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


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 BÄ°LGEHAN 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 CILEVIÄŒS Boriss, Latvia, SOC CORSINI Paolo, Italy, SOC CROZON Pascale, France, SOC DAVIES Geraint, United Kingdom, SOC DÍAZ 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 GABÁNIOVÁ Darina, Slovak Republic, SOC GIOVAGNOLI Gerardo, San Marino, SOC GOSSELIN-FLEURY Geneviève, France, SOC GROSS Andreas, Switzerland, SOC GUNNARSSON Jonas, Sweden, SOC GUTIÉRREZ Antonio, Spain, SOC GUZENINA Maria, Finland, SOC HAGEBAKKEN Tore, Norway, SOC HAIDER Monica, Sweden, SOC HARANGOZÓ Gábor, Hungary, SOC HEINRICH Gabriela, Germany, SOC IORDACHE Florin, Romania, SOC IWIŃSKI Tadeusz, Poland, SOC JANSSON Eva-Lena, Sweden, SOC JURATOVIC Josip, Germany, SOC KARLSSON Niklas, Sweden, SOC KOX Tiny, Netherlands, UEL LE DÉAUT Jean-Yves, France, SOC LESKAJ Valentina, Albania, SOC LONCLE François, France, SOC LUND Jacob, Denmark, SOC MAHOUX Philippe, Belgium, SOC MAIJ Marit, Netherlands, SOC MARKOVIĆ 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 MESTERHÁZY Attila, Hungary, SOC MULIĆ Melita, Croatia, SOC NACHTMANNOVÁ Oľga, Slovak Republic, SOC NEGUTA Andrei, Republic of Moldova, SOC NICOLETTI Michele, Italy, SOC OBRADOVIĆ Žarko, Serbia, SOC OHLSSON Carina, Sweden, SOC PÂSLARU Florin Costin, Romania, SOC PETRÁK Ľubomir, Slovak Republic, SOC QUÉRÉ Catherine, France, SOC RAWERT Mechthild, Germany, SOC ROCHEBLOINE François, France, EPP/CD RODRÍGUEZ Soraya, Spain, SOC ROSEIRA Maria de Belém, Portugal, SOC ROUQUET René, France, SOC SÁEZ Àlex, Spain, SOC SCHENNACH Stefan, Austria, SOC SCHMIDT Frithjof, Germany, SOC SCHWABE Frank, Germany, SOC SEKULIĆ Predrag, Montenegro, SOC SIMENSEN KÃ¥re, Norway, SOC STRIK Tineke, Netherlands, SOC SUTTER Petra, De, Belgium, SOC TAKTAKISHVILI Chiora, Georgia, ALDE TOMLINSON John E., United Kingdom, SOC VÄ–SAITÄ– Birutė, Lithuania, SOC VORUZ Eric, Switzerland, SOC VRIES Klaas, de, Netherlands, SOC VUÄŒKOVIĆ Nataša, Serbia, SOC XUCLÀ Jordi, Spain, ALDE

_____________________________ Total = 82

The latest item on IP Kat beat us to it. Merpel writes: "Altogether more than 100 parliamentarians from 32 countries have now expressed their anxieties and concerns regarding the persistent erosion of fundamental rights experienced by EPO staff over the past year and a half at the hands of the current regime, which presumably still enjoys the substantial support of the Administrative Council which has notional control of the organisation."

Merpel also found this political intervention in the European Parliament:

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?

Over at IP Kat there are some interesting comments from what appears to be EPO staff. The first:

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)...


VP1 (who will be 70 at the end of his mandate whereas max. pension age at EPO is 67....


Battistelli starts his new mandate with secret salarial conditions ...


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 !!

Second comment speaks of betrayal:

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.

There are many more anonymous comments in there. The management of the EPO seems to have become besieged by an increasingly informed workforce, Parliament, and public. This can't end well for Battistelli. His time is running out.

Recent Techrights' Posts

Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Congratulations to Debian Project Leader (DPL) Andreas Tille
It would not be insincere to say that Debian has issues and those issues need to be tackled, eventually
David Graeber, village wives & Debian Outreachy internships
Reprinted with permission from
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day
Links 20/04/2024: Apple is Censoring China’s App Store for the Communist Party of China
Links for the day
Links 20/04/2024: Accessibility in Gemini and Focus Time
Links for the day
20 April: Hitler's Birthday, Debian Project Leader Election Results
Reprinted with permission from Daniel Pocock
September 11: Axel Beckert (ETH Zurich) attacks American freedoms
Reprinted with permission from Daniel Pocock
20,000 victims of unauthorized Swiss legal insurance scheme
Reprinted with permission from Daniel Pocock
Matthew Garrett, Cambridge & Debian: female colleague was afraid
Reprinted with permission from
Neil McGovern & Ruby Central part ways
Reprinted with permission from
Links 20/04/2024: Chinese Diplomacy and 'Dangerous New Course on BGP Security'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 19, 2024
IRC logs for Friday, April 19, 2024
The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company
Links 19/04/2024: Running a V Rising Dedicated Server on GNU/Linux and More Post-"AI" Hype Eulogies
Links for the day
Gemini Links 19/04/2024: Kolibri OS and OpenBSD
Links for the day
[Video] Novell and Microsoft 45 Years Later
what happened in 2006 when Novell's Ron Hovsepian (who had come from IBM) sealed the company's sad fate by taking the advice of Microsoft moles
[Meme] EPO “Technical” Meetings
an institution full of despots who commit or enable illegalities
EPO “Technical” Meetings Are Not Technical Anymore, It's Just Corrupt Officials Destroying the Patent Office, Piecewise (While Breaking the Law to Increase Profits)
Another pillar of the EPO is being knocked down
Red Hat Communicates the World Via Microsoft Proprietary Spyware
Red Hat believes in choice: Microsoft... or Microsoft.
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024