Bonum Certa Men Certa

More European Politicians Take on the EPO for Ignoring the Rule of Law

Marc TarabellaSummary: The wrath of European politicians remains a problem for Benoît Battistelli and his team (Team Battistelli), which has thus far used a political fluke to claim immunity from the law and even snub court rulings

OVER A HUNDRED European politicians have already complained about the EPO's scandals, but little has actually happened politically. Not much has been practically changed. Law enforcement cannot do much because the EPO -- as odd as it may seem -- enjoys immunity. The EPO's management therefore ignores the law and ignores court orders. It's like the Mafia.



"Marc Tarabella," wrote SUEPO earlier today, "a Belgian member of the European Parliament has posed questions to the European Commission" and a translation into English [PDF] was provided as follows. Quoting Tarabella (shown above):

Parliamentary questions



29 June 2015

Question for written answer to the Commission Rule 130 Marc Tarabella (S&D)

E-010497-15

Subject: Serious problems of governance in the European Patent Office (EPO)

Attempts have been made recently to alert public opinion to the particularly harmful social climate that has prevailed for several months in the EPO (expulsion of trade unions, harassment, multiple suicides, invasion of privacy, etc.). The situation has become very worrying for the 7 000 people employed by the EPO, who are facing extreme pressure from management, which is imposing intolerable productivity targets on employees without even offering them the minimum guarantees provided for under national labour laws.

The Hague Court of Appeal, in a decision dated 17 February 2015, ruled that trade union rights had been seriously breached and urged the EPO to amend its internal rules. However, EPO President Benoît Battistelli rejected this ruling under the pretext that it would violate the EPO’s immunity.

The EPO therefore seems to be unacceptably abusing its status as an international organisation in order not to provide the basic guarantees of European democracy.

1. What is the relationship between the Commission and the EPO?

2. Knowing that the Commission sets great store by respect for fundamental rights in Europe, where does it stand in general terms on these issues?

Original language of question: FR

Last updated: 1 October 2015

Legal notice



Another (much more recent) question was also translated into several languages [PDF]. The English translation, much like the above, shows that the main concern is the EPO ignoring the rule of law:

Motion by Gesthuizen/Kerstens concerning adherence by the European Patent Organisation to international legislation – Adoption of the budgetary statements of the Ministry of Economic Affairs (XIII) and the Animal Health Fund (F) for 2016 – Main content



Lower House of the States General



Session year 2015-2016

34 300 Adoption of the budgetary statements of the Ministry of Economic Affairs XIII (XIII) and the Animal Health Fund (F) for 2016

MOTION BY MEMBERS GESTHUIZEN AND KERSTENS

Proposed 15 October 2015

The House, having heard the deliberations, is of the opinion that the conduct of directors of international organisations which has no relationship to their international representation but which does result in a breach of national rules, should not be covered by diplomatic immunity;

finds that in April 2014 the government presented a Plan of Approach with measures No. for taking more severe action against persons with diplomatic immunity who have 22 breached the law of the Netherlands,

finds that those measures only address traffic fines and criminal offences and do not address breaches of employee rights as established at the European Patent Organisation by the Court;

requests the government, within the limits of the treaties, to do all that is possible to force the European Patent Organisation to adhere to international legislation,

and proceeds to the order of the day.

Gesthuizen

Kerstens

Parliamentary paper-34300-XIII-22 ISSN 0921 – Lower House, session year 2015-2016,

7371 The Hague 2015 34 300 XIII, no. 22


Recall the political interventions back in July and back in March or thereabouts (after Battistelli had arrogantly waived the law). The pressure on the EPO's management is increasing; severe action is just a matter of time because these scandals simply cannot be swept under a rug.

Incidentally, watch how 'transparency' works at the EPO. Earlier today David Brophy wrote that "the issue of poisonous priorities (and poisonous divisionals) is the subject of a referral to the European Patent Office (EPO) Enlarged Board of Appeal which is pending under reference G 1/15. [...] According to an announcement appearing yesterday on the EPO website, but carrying a date of October 2 (is this an error, the IPKat wonders, given that the date is exactly one month prior to the website publication date?), the President has decided to stay all proceedings before examination or opposition divisions where the outcome depends entirely on the answers that the Enlarged Board may give in G 1/15."

Revisit what we wrote earlier today about the relentless attacks on the Enlarged Board of Appeal. Outside scrutiny cannot be tolerated, as if the EPO is a country of its own, governed (without elections) by a few managers with big egos. Their reaction to anyone who dares to question their conduct is similar to that of the Saudi government. EPO managers derive their confidence from the silly immunity, whereas the Saudi regime derives it from the oil it sits on top of.

European politicians need to work together to put an end to the lawlessness of the EPO. No organisation should be exempted from laws, human rights guidelines and so on.

"The government is not trying to destroy Microsoft, it’s simply seeking to compel Microsoft to obey the law. It’s quite revealing that Mr. Gates equates the two."

--Government official



Comments

Recent Techrights' Posts

Hiring for Tech Roles Based on Perceived Loyalty is No Better Than Hiring to Meet Diversity Quotas
What we're seeing right now is a national security disaster and it is almost purely about technology
S.E.O. SPAM by Serial Sloppers With L.L.M. Garbage is Hurting Linux
We continue to run Slopwatch
IBM Says That Half of Its "Assets" is Basically Pure Fiction ("Goodwill")
It times get tough, IBM can sell "Goodwill" at the local pawn shop and pay back the lenders, right?
 
Links 01/02/2025: Belated Happy New Year 2025 and Gabbro 0.1.2
Links for the day
Links 01/02/2025: Administrative Chaos and Aviation Disasters Persist
Links for the day
Arrested: Albanian Outreachy whistleblowers, Sonny Piers GNOME & Debian connections
Reprinted with permission from Daniel Pocock
Links 1/2/2025: LLM Hype Revisited, Linuxwashing by Oumi
Links for the day
Growing Evidence That the Patent Industry Has Become a Major Scam
Seeing that the patent "industry" has turned to serious crimes (sometimes to cover up corruption) and seeing that the net negative is clearer for all to see, people who argue for abolition of all patents will have a field day
Planet Ubuntu Overrun by LLM Slop? Faizul "Piju" 9M2PJU Seems to be Publishing Fake Articles About "Linux"...
Maybe it is "assisted" by LLM slop, but slop is slop and it introduces many problems
Gemini Links 01/02/2025: LLMs, Analog Computer, and BorgBackup
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 31, 2025
IRC logs for Friday, January 31, 2025
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
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
"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
Techrights Should be Even Faster Now
We're now better off
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
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
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?
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
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
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 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