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

IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva