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

Qualcomm Arduino Takes Aim at Raspberry Pi
Qualcomm is a Microsoft partner
Arduino is Now a Patent Bully (Qualcomm)
Qualcomm has just bought Arduino
Many Years of Microsoft Cancellations and Faked (Acquired) Revenue "Growth"
XBox is basically the "next Skype"
Microsoft's Non-Denying Denial About XBox's Death is Already Being Shattered to Pieces
Like Microsoft's 'open' 'hey hi', heralding meaningless non-committing agreements with AMD is little more than vapourware
 
Links 08/10/2025: Y2K38 Bug is a Vulnerability, Chat Control in Europe a Threat
Links for the day
Microsoft Windows is No Longer an Operating System, It's Surveillance Project
Why is this even legal to preload on PCs outside the US?
How and Why Once-Legitimate Sites Turn Into Slopfarms
Many sites will go offline and many social control networks will shut down once they realise or even openly admit they spend money and time gardening a bunch of bots and slop
UbuntuPIT Became a Slopfarm and Gnoppix Tarnishes Its Own Brand With Slop
It fits all the characteristics of mildly-edited (if at all) slop
Slopwatch: Linux Journal and Other Slopfarms
GAFAM needs to go the way of the dodo
Gemini Links 08/10/2025: "Seek Seek Revolution" and Gradient Backgrounds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 07, 2025
IRC logs for Tuesday, October 07, 2025
Stagnation of the Economy and What Free Software Can (or Could) Do For It
If your economic model is based on a pyramid of lies, it won't last very long
Social Control Media is Sinking
it would rightly seem like the era of centralised "social" sites (they're not social, they're about controlling the users) is ending, not overnight but gradually
Participation in Cancel Culture Detrimental to One's Career
A cautionary tale
Passion Wins
we've increased the number of birds we feed to 100+
How Solderpunk and Sean Conner Started Gemini Protocol (and, Collectively, Geminispace) Back in 2019
Based on the "official" history
The Comment TheLayoff.com Has Just Censored for Criticising a Ridiculous Puff Piece of IBM Management
If comments get censored for their "style" rather than their substance, then society will be worse off
The Power of Writing Down Facts
The more we write and publish, the more people will know what happened
Slopwatch: UbuntuPIT Joins the Slopfarms Club
Slopfarms gonna slop
Links 07/10/2025: Privacy at Risk, GAFAM Remains Off the Hook
Links for the day
Gemini Links 07/10/2025: Modern Retro Console Idea and Batch vs Bash
Links for the day
Links 07/10/2025: International Criminal Court (ICC) Convicts Ali Kushayb; Moroccan Imprisoned for 'Offensive' Shirt
Links for the day
Links 07/10/2025: EU' Chat Control is Back, US Cracks Down on Democracy
Links for the day
Techrights Pursues Justice and Truth Because, Without Those, Society Descends Into Chaos
most people reject dogma and pseudoscience
Upcoming Talks by Richard Stallman in Helsinki, Göteborg, and Rome
Join with him and share the software
Something Bad is Happening in the Open Source Initiative (OSI)
The latest OSI blog post is from a Microsoft operative and a few weeks ago the Executive Director left
TLS 1.3 Dominates Geminispace (99% of Known Capsules)
it's nowadays safe to assume almost every capsule can handle TLS 1.3
Why soylentnews.org Has Been Having Technical Difficulties Lately
The network has been going up and down quite a lot this past week
A Statement Against Violence
The facts are on our side
They've Run Out of Things to Rebrand or Label as "AI"
The next few years will be interesting because if Microsoft lays off tens of thousands of workers each year, there won't be much left except mountains of debt and dying brands
The Register MS is Still Being Paid to Participate in the "AI" Ponzi Scheme Which Will Crash the Economy
The Register MS is hoping to get lucky by tricking people into a scam
Richard Stallman Confirms His Talk in Göteborg This Coming Friday
"The hosts say that the list will not be given to the state"
Most of the "Linux" Results This Morning in Google News Are LLM Slop From the Same Slopfarm, Plagiarising Phoronix
The main question is, does Google even care at this point?
Gemini Links 07/10/2025: Civil War and "Goodbye Web"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 06, 2025
IRC logs for Monday, October 06, 2025
Evidence Contradicting Microsoft's Non-Denying Denials and Expectation of Many Layoffs Soon
"Microsoft has had this constant drip of layoffs for months."
The "AI Revolution" is Going Very Well, Right?
money that does not exist and alleged potential that is pure fiction
Links 06/10/2025: Scam Altman Himself Admits He Runs a Scam Based on a Bubble, US Administration Adopts “War From Within” Narrative to Crush Opposition/Dissent
Links for the day
Slopwatch: Fake Ubuntu 'Articles' and Google News Helps People Who Plagiarise Phoronix Using LLMs
Michael Larabel can't possibly be happy about that
6,000 Pages/Articles a Year
Today in one month from now the site turns 19
When Things Become So Ubiquitous That They're Almost Nameless
The notion or the concept of software freedom isn't tied to any particular brand or project, so it should still resonate
At Least 3 Richard Stallman Talks in Europe Confirmed So Far, Next Week in Rome There's Another
Dr. Stallman has not announced this yet
IDG Seems to Have Abandoned Sandra Henry Stocker's UNIX/Linux Column
Unless we hear otherwise or see some update/s, this may mark another death blow from IDG
Gemini Links 06/10/2025: Winter Nights and "Virtue Signaling"
Links for the day
Links 06/10/2025: Scientific Awards and Typhoon Matmo
Links for the day
IP Kat Gone Bonkers, Pushing Slop in Patents (Likely Illegal, With Severe Consequences)
AstraZenecaKat: "Last time, this Kat covered some practical steps on how to ensure client confidentiality when using AI tools (IPKat)."
Links 06/10/2025: Grokipedia as Malicious Slop, US 'Martial Law' a "New Normal"
Links for the day
Fake Economics and Clown Computing Circuses
who's gonna pay for these scams?
Nobel Prize in Economics Does Not Exist, It's Propaganda From Sveriges Riksbank
"It is that time of the year when it is important to remind people that there are no Nobel Prizes for professional wrestling, astrology, or economics"
Rust is Eating Linux
That's a recipe for problems
Cindy Cohn (Executive Director of EFF) is a Millionaire, Earned Almost $30,000 Per Month Before Departing While the EFF Lost Money
EFF is "Big Business"
Non-Denying Denial From Microsoft (Again) Regarding the End of XBox Consoles
It's kind of hilarious that even the site chosen by Microsoft to relay its BS, based on past loyalty, isn't quite buying it
Bringing Back Lost Articles From the 1990s: Microsoft Products Leave Door Open to NSA
Nothing has changed since then
When the Slop Bubble Pops People Will Say Richard Stallman Was Right (Again)
What was once known as Computer Science turned into "IT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 05, 2025
IRC logs for Sunday, October 05, 2025
Links 06/10/2025: Science, Hardware, and Andrej Babis Making a Comeback
Links for the day