Bonum Certa Men Certa

Immunity of the European Patent Office and Lack of Oversight Within the Organisation Mean That It's a Rogue Entity Above the Law

Battistelli and Kongstad
Jesper Kongstad has turned the Organisation into a lapdog -- not a watchdog -- of the Office (autocracy of Kongstad's predecessor), aiding even unprecedented secrecy around salaries



Summary: In light of remarks from the Attorney General in the Netherlands and in light of some recent and highly disturbing developments (like Board 28 folding for Benoît Battistelli), it is increasingly apparent that the EPO is disconnected from any accountability whatsoever

THE EPO's staff supports the staff union a lot more than it supports its own management. In fact, the President has a 0% approval rating. That's how grim things are. The Board, which is increasingly complicit in all this, admits there is "a crisis".



The Attorney General in the Netherlands now says that the EPO's staff union cannot hold the management accountable for breaking the law. We had the subject covered here shortly after this had made it into the Dutch media. Shortly afterwards we began seeing comments about it at a very old thread of IP Kat (which stopped its criticism of the EPO after the censorship, perhaps a prelude to legal bullying). We don't think that many people can see these comments (buried very deep inside the site, under page 2 of a very old article), so we reproduce them below. The first comment said:

hoge Raad: Dutch judges are not allowed to assume responsibility in cases against the EPOrg.

So, immunity upheld. SUEPO cannot file charges against the EPO anywhere, neither nationally or with ATILO (only for employees, not for,staff organisations).

So, what about illegal activities of the national representatives who voted in favour of rules which are illegal in their own country?


This links to this report which says: "De Europese Octrooi Organisatie (EOO) beroept zich in een geschil terecht op immuniteit van jurisdictie. Dat betekent dat de internationale organisatie niet voor de Nederlandse rechter kan worden gedaagd voor geschillen over de officiële werkzaamheden van de organisatie. De Nederlandse rechter is onbevoegd om te oordelen in een geschil tussen het in Rijswijk gevestigde Europese Octrooibureau, een onderdeel van EOO, en de vakbondsunie van het Europees Octrooibureau en de overkoepelende vakbond voor werknemers van EOO. Dat schrijft advocaat-generaal Vlas vandaag in zijn conclusie, een advies aan de Hoge Raad."

Here is a response to the initial comment:

should've read the publication (in Dutch) first, instead of just the headline....

This is the opinion of "an independent expert". He states that the European Convention on Human Rights does not require access to indpendent courts, and that the internal procedures of the EPO, as well as ATILO, allow sufficient remedies.

Well, the SUEPO does not have access to internal remedies, nor to ATILO....

The new expected date for a decision is 20 January 2017.


Another person gave a direct link to the document and said:



Thanks for the press release.

I will have to digest the actual "opinion" before commenting.


Then came a more detailed comment:



From paragraph 2:19 of the opinion of the Prosecutor (Google translated):

"The mere appeal to an alleged particularly serious breach of a norm of international law, or even a norm of jus cogens claim immunity from jurisdiction can not override . Honoring the claim immunity from jurisdiction by the courts in no way means that they held that infringement of property rights is permissible. It follows that the nature of the substantive rights at issue and the alleged severity of the infringement should not be included in the key or the proportionality requirement is met in the context of determining whether an application should be granted immunity from prosecution. I believe that the component also succeeds in this respect."

In other word, immunity is absolute, and does not depend from the nature of the infringement.

It is difficult to disagree, and a decision against SUEPO in January look improbable.

I don't blame the Dutch Government to uphold this principle of International Law though its Prosecutor - yes, when a drunken diplomat kills a little girl with its car immunity is uphold, even in front of public outcry. I note, however, that in general the Diplomat will quietly be asked to leave the hosting state to silence the controversy.

This is the least that the Dutch Government, through the AC, should require from EPO, to not appear to abide the abuses happening there.

But this will never happen, of course, and a decision in favor of battistelli and his regime in January will only embolden him and his clique.

It will be like saying "Here, Mr. battistelli: a blank cheque for you."


Separate threads, these ones nearly 4 months more recent (hence more visible), still talk about various aspects of lawlessness at the EPO. Consider the following new comment (from today):

The fear of M. Battistelli is that an independent audit checks the real situation at the EPO.

Currently all the numbers are given by M. Battistelli himself without any independent authority to supervise.


What's worse is, he produces self-commissioned propaganda with which to mislead the supposed 'overseer' (now more like "yes men" of Battistelli). Next week we will look a little deeper under the kimono of the Administrative Council and show that the Council too -- not just Battistelli -- has some skeletons in its closet. We must realise that nowadays the Council and the Board (partly overlapping) are actually complicit in all these abuses. Battistelli has turned both (by various nefarious means) into a lapdog rather than watchdog, in the same way mass surveillance in the US is now regulated or overseen by many of the same people who were responsible for it (revolving doors and private industry conflict of interests is what much of it qualifies as).

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026