Bonum Certa Men Certa

Translation: What If the European Patent Office Were to Torture?

Floris Bakels
The official photo of the presiding Dutch judge Floris Bakels, which one can find publicly here.



Summary: Increased pressure on Dutch courts to enforce a judgment against the European Patent Office in spite of unacceptable claims of immunity

EARLIER today, only a few hours after making the initial request (it had been mentioned here this afternoon), we got an excellent English translation of the article ‘Wat als het octrooibureau martelt?’ (with the quotes in the headline as these are not the author's words).



"Latest Dutch news report about EPO matters," as our translator put it, has something unique in it.

The original article by the NRC Handelsblad can be found here. English translation can be found below or as PDF with improved formatting.

What if the European Patent Office were to torture?



Trade Unions

The Supreme Court of the Netherlands [De Hoge Raad] cannot resolve the conflict at the European Patent Office on its own. Mediation may offer a solution.

Eppo König

30 January 2016

On Friday, one of the most senior Judges in the Netherlands issued a very unusual appeal to the European Patent Office in Rijswijk and its staff unions: make a serious attempt at mediation. This was the suggestion which came from Floris Bakels, Vice-President of the Supreme Court [De Hoge Raad], in the courtroom.

A day earlier, EPO staff had held a demonstration in The Hague to protest against the atmosphere of "intimidation" and the dismissal of union members at the European Patent Office (EPO), which with 2700 employees is the largest international organization in the Netherlands.

Three suicides

In 2013, an employee committed suicide by jumping out of the office in Rijswijk. In Germany there were two further suicides at the EPO. Since then the staff union SUEPO and the staff committee have called for an independent investigation. The French President Benoît Battistelli does not want this. In an interview with the NRC, he said, "Well, first of all suicides are always personal tragedies. I think it is not appropriate to instrumentalise these incidents for tactical purposes against the President and the management. This man [...] had just been given a permanent contract. We do not know what caused him to do this." "The Labor Inspectorate in the Netherlands has no reason to intervene in such a case. We are not a Dutch institution."

The EPO, which examines national patent applications and grants European patents, is accused by the staff unions of conducting a reign of terror that has driven some of its employees to suicide. The French President of the EPO, Benoît Battistelli, for his part speaks of "sabotage" of his reform policy.

The call for mediation was remarkable for a number of reasons. "Ordinary" judges often suggest mediation, but the Supreme Court normally only examines whether lower courts have done their job properly and delivers final judgments. The call for mediation goes further: it effectively means the recognition of staff unions as social partners.

The call is complicated by an additional "strain factor" because Guillaume Minnoye, the Flemish Vice President of the EPO and director in Rijswijk was in the audience. On Nieuwsuur [a current affairs programme on Dutch television] the night before Minnoye had predicted that the EPO would disregard an adverse ruling of the Supreme Court.

Inviolability



The ruling of the Court, which will probably come after the summer, will not bring any immediate solution to the conflict. The Supreme Court may answer an important question: how far does the legal immunity of the EPO as an international organization extend? This question is relevant not only for the EPO, but also for about thirty other international organizations in the Netherlands, such as the European Commission and the International Criminal Court.

The Appeal Court of The Hague ruled last year that the EPO must recognise its staff unions. E-mails from the unions must not be blocked, the unions must be consulted on working conditions and President Battistelli should not prevent strikes.

But the EPO disregarded this ruling, because it would not be bound by national legislation. The EPO has 38 member states and has offices in the Netherlands, Germany, Austria and Belgium. All 7,000 employees should be subject to the same laws and regulations, according to the EPO.

The Netherlands wants to be a good host for international organizations and thus the State has sided with the EPO. The government acted in a Janus-faced manner this week. On Thursday the government announced an independent investigation into the working conditions at the EPO in Rijswijk. A day later the attorney for the State stood before the Supreme Court and pleaded that the office is immune.

Both parties bring extreme examples to prove their case. The EPO refers to the mothers of Srebrenica. The mothers of murdered Muslim men may not sue the United Nations because the UN as an international organization is immune.

The lawyer for the staff unions went further. The EPO deploys detectives to investigate staff and to interrogate them without a lawyer, he said. What if the EPO now permits them to engage in torture? Could the state now still claim that the EPO has immunity?


In our view, based on things that we showed here before (and also things we are aware of and have not shown yet), the EPO does engage in torture. It is, at the very least, mental torture.

"For readers' information," wrote one of our sources, here is "more contact information at the Dutch Ministry of Economic Affairs." It may be better targeted than national delegates, especially for matters of justice rather than governance of the European Patent Organisation.

For readers' information: The Dutch Secretary of State at the Ministry of Economic Affairs who is responsible for EPO matters is Martijn Van Dam, as reported in the Dutch press. His official Web page is here (in Dutch). His E-mail address at the Ministry is m.vandam@minez.nl

The current Minister is Henk Kemp. His E-mail address is h.kamp@minez.nl

Dutch citizens need to become more familiar with the EPO situation and more actively involved, even politically, in order to resolve it. What's being done by Battistelli, Minnoye and others is degrading the image of The Hague in the world and gradually becomes an embarrassment for the whole country.

Minnoye has just been publicly mentioned in the following way:

Minnoye has an impressive track record of opening his mouth before putting his brain into gear.

Remember this classic from January 2015: http://ipkitten.blogspot.de/2015/01/judicial-independence-epo-responds-to.html

His latest performance on Dutch TV got a mention in the Dutch press today: Wat als het octrooibureau martelt("What if the EPO tortures ?") https://www.nrc.nl/handelsblad/2016/01/30/wat-als-het-octrooibureau-martelt-1586149


As we noted the other day, Minnoye had put himself in the firing line. Here is another new comment about this whole situation:

The Dutch Government is wrong to say that the question of human rights is irrelevant to the question of immunity. The ceding of sovereignty to an international organization is conditional upon adherence by the organisation to human rights standards equivalent to those prevailing in the country concerned. Otherwise a country could duck its human rights obligations simply by founding or joining an international organization. This condition of equivalence (the rights need not be explicitly the same, but must deliver the same effect) is implicit in all treaties or conventions setting up IOs.

The Dutch Court of Appeal indeed found that the protection available to SUEPO and the EPO staff was inadequate, both in terms of the ways in which the staff could not enjoy normal Union rights, and also in terms of the lack of any effective remedy in the form of timely access to a suitable court (the ILOAT only taking complaints from individuals, not unions, refusing oral hearings, and taking many years to render its judgments).

The Seat Agreement with the Netherlands and the Protocol on Privileges and Immunities is a standard one, which does not contain any special clauses. It accords a limited immunity, and in theory enforces co-operation with the Dutch Authorities on labour law and health law. Of course this co-operation has always been resisted by the EPO.

For these reasons the Vice-President of DG1 is on very shaky ground when he proposes to defy any negative Supreme Court ruling. The Dutch Government would also be gravely embarrassed by such defiance. If the Supreme Court decision is favorable to the EPO and the Dutch Government, it merely postpones the inevitable until case (against the Dutch Government) reaches the European Court of Human Rights.


In the coming days we will gradually make visible more political actions against the EPO in Europe. We just need to anonymise a few things so as not to compromise the ongoing processes.

"Decadence is a difficult word to use since it has become little more than a term of abuse applied by critics to anything they do not yet understand or which seems to differ from their moral concepts."

--Ernest Hemingway



Update (6/2/2016): SUEPO has produced this additional (alternative) translation of the article above [PDF].

Recent Techrights' Posts

The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
 
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
Independence and Software Freedom
Much work remains to be done
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well