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

European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026