Bonum Certa Men Certa

Cases Against the European Patent Office (EPO) and the Demise of Transparency International (Which EPO Partly 'Absorbed')

Article about Transparency International



Summary: Accountability at the EPO takes two steps forward (two new ILO cases) and one step backward (Transparency International going more or less defunct in Germany), but workers continue to speak out and demand change

"EXCEPTIONAL public delivery" from the ILO is expected very soon (later this month). This was mentioned here about a week ago and a few days ago this news from ILO came out, specifying exactly which cases were set apart to be published separately, probably because they are more important. To quote the news:



The Tribunal will exceptionally deliver in public four judgments adopted at its 123rd Session separately and earlier than the remaining 93 judgments adopted at the same session.

The four judgments are: - No. 3723: Atil No. 2 v. WMO (application for execution of Judgment 3348) - No. 3750: Mngola v. Global Fund - No. 3785: Fritz No. 2 v. EPO - No. 3796: Vermeulen v. EPO

Those judgments will be announced in public on Wednesday, 30 November 2016 at 3 pm at the ILO (Room XI, floor R2).

They will be published on the Tribunal's website (ilo.org/trib) shortly after the delivery.

Geneva, 15 November 2016

Dražen Petrović, Registrar


These two EPO cases (third and fourth above) are probably of high impact and more profound than, e.g. the van Breda case which SUEPO is pressing on [PDF] (more to do with finance and illness, less with human rights), but we shall know for sure at the end of this month.

"Put simply, the EPO hires some of the potential overseers/critics, which is a common technique that only the affluent can afford to pull off (oil companies habitually do this in countries that they pollute)."Making the EPO wholly accountable or holding particular managers accountable where they deserve it has gotten rather difficult not just because of impunity/immunity (with ILO being years behind, drowning in additional EPO complaints) but also entryism. Put simply, the EPO hires some of the potential overseers/critics, which is a common technique that only the affluent can afford to pull off (oil companies habitually do this in countries that they pollute).

Transparency International (TI) 'merger' or overlap with the EPO was noted here before, giving as a prominent example Jana Mittermaier, ex-Transparency International worker and now PR person for the EPO (or "Mittermaier the Liar" as I cautiously called her the other day, after she had relayed the management's lies about its union-busting activity).

"TI, say what?"

That's what one reader told us about them.

"TI is in crisis, too," this readers added. "Have you read the very bad news about recent Transparency International "issues"?"

We were actually not aware of it, but it's very fresh news (days old in the press, as recent as a couple of days ago, i.e. Friday). "Read Stuttgarter Zeitung (in German)," our reader told us, "and perhaps better to understand read in English" the following:

Transparency International is in crisis. The organization needs to cut costs and restructure its international secretariat in Berlin. At the same time, Transparency is fighting against its workers’ council in the local courts. In a bid to ease tensions, Transparency has also now made changes to its leadership.

[...]

The current court case in the Berlin labour court highlights the difficulties Transparency has in dealing with its own staff. The organisation is currently restructuring its Berlin-based international secretariat. The secretariat is the backbone of the global organisation, supporting the national chapters in their work. But over time, a number of well-paid executives have assembled near the top during the tenure of managing director Cobus de Swardt, who has been at the helm of Transparency for nearly a decade. This week, the South African national has lost some of his responsibilities to a newly-appointed second managing director, according to information obtained by correctiv.org.

To cut costs, Transparency sought to flatten hierarchies and cut staff. The organisation’s workers council attempted to strengthen employee rights by establishing a so-called finance committee (German: Wirtschaftsausschuss). Such a committee can for example demand management to disclose certain financial information. Transparency’s management is trying to prevent the formation of this committee, even filing a legal case against it.


This bodes negatively not just for the EPO but also for Germany. And it's not all that much better in The Hague, where a Dutch speaker (speaking on behalf of the EPO) got away with saying on Dutch television that he would snub the highest court in the country!

“A disaster for the whole European Patent system is on its way, watch the soon upcoming decisions of the German Bundesverfassungsgericht on its constitutionaly [sic].”
      --Anonymous
Neanderthal standards in the Netherlands towards journalists and bloggers too can be tolerated? Remember that the EPO threatens me over my writings about the EPO and it also banned/blocked IP Kat to suppress access/publication. Where were Dutch politicians when the EPO threatened publishers and around the same time spoon-fed Dutch 'journalists' some libel to spread (publish) about an accused judge whom Battistelli does not like?

What on Earth has the EPO become and how is it allowed to get away with these actions in supposedly civilised nations that sport international courts? Many EPO insiders keep asking those same kinds of questions. In Merpel's latest writings there is an implicit/subtle call for outside intervention. There are 20+ comments in that first comment thread (about the accused judge), but to quote a little selectively (there's some noise among the signal there), this is "so sad" and "disaster for the whole European Patent system is on its way, watch the soon upcoming" (link to comment). The full comment says: "This is all so sad. The mere fact that the members of the boards of appeal just carry dealing with their cases instead of loudly protesting against this incredible situation demonstrates how little remains of their independence and judicial status. A disaster for the whole European Patent system is on its way, watch the soon upcoming decisions of the German Bundesverfassungsgericht on its constitutionaly [sic]."

“In case it is decided to ignore your suggestions at the next administrative council we will have all our answers and better get ready for the end of the EPO.”
      --Anonymous
In reply to that latter part one person wrote: "Please note that - different from what had been envisaged in the court's outlook for 2016 - a decision (unfortunately) does not seem to be "soon upcoming" at all. This does not change by frequently claiming that the opposite was the case. Apart from that, bearing in mind the possible political impact of the decision and the manner the German Constitutional Court recently dealt with similar matters, I would be rather sceptical that any meaningful guidance can be expected, let alone a convincing solution."

There are also some pro-Battistelli comments there (however few) and these take up a lot time and energy from the on-topic discussions.

“How many months more before your already widely dysfunctional institutions will descend into chaos?”
      --Anonymous
"Thank you so much Merpel," one reader wrote. "A most accurate and detailed summary of the deeply sad situation under this president. I hope (I am sure) that this analysis will circulate to all interested parties. In case it is decided to ignore your suggestions at the next administrative council we will have all our answers and better get ready for the end of the EPO."

Experience suggests that politicians care about these scandals only if/when they have something to politically gain from them. Some people now compare this to US politics (and election), noting that "the 24/7 freak show doing business under the brand of "US politics" hardly gives you any ground for gloating. How many months more before your already widely dysfunctional institutions will descend into chaos?"

“Maybe someone in the new US Administration will set their sights on the EPO.”
      --Anonymous
One reply to this said: "Maybe someone in the new US Administration will set their sights on the EPO. The failure to provide a truly independent judicial review instance could arguably count as a breach of TRIPS. Grounds for an action against the EPO contracting states? Let's see..."

We sure hope that some outside intervention (ILO is too slow and TI is virtually defunct) will save the EPO. If often seems like the Office and the supine Organisation cannot be saved anymore (as it's too late, they've been rendered dysfunctional from the inside, compromising the very core structure as envisioned in the EPC).

Recent Techrights' Posts

It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
 
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.
Kyndryl Holdings Inc Falls Almost 15% in 2 Days, What Does That Tell Us About IBM?
The "Big Blue" 'shell game' isn't working
Companies That Say They Are "Hey Hi" (AI) Leaders Don't Really Do Well, They Have Mass Layoffs Because Hype and Storytelling Won't Live Up to Shareholders' Expectations
Microsoft's investment in slop is not going well
Gemini Links 07/05/2026: Unicode and "RSS 4 Noobs (Getting Started)"
Links for the day
During IBM's Annual Event/Bash IBM's Stock Fell to (Almost) Lowest Level in a Year, Insiders Explain "IBM is on the Brink of Collapse."
Anthropic - like IBM - pays the media for puff pieces, exaggerations, and obvious vapourware
Servers Became "Cloud", VR Became "Metaverse", Now Bots Become "Agents" (of Slop)
Changing the name of things won't prevent rejection, only delay the negative reaction some more
Links 07/05/2026: "The ‘Perfect Storm’ Hanging Over Britain’s Public Debt" and "Internet Shutdowns Spread in Africa"
Links for the day
OSI Partners With Microsoft to Help Pretend Proprietary (GitHub) 'Celebrates' Open Source
And a Microsoft operative announced this as well
Links 07/05/2026: "Most Vibe-coded (Slop) Tools Are Not for You" and "Prepare for the PCB Shortage"
Links for the day
SLAPP Censorship - Part 69 Out of 200: Microsoft's Graveley Strangles, Gets Arrested, Charged, Then Asks for Apology From Those Who Reported It by Recycling Garrett's Plea for Apology
Garrett realised that his "funny" lawsuit wasn't so funny anymore
Codecs and Software Patents - Part III - AOMedia Video 1 (AV1) and Antitrust Issues
As we'll show in later parts, this already results in bans of some hardware sales in Europe
The Corrupt Lecture the Non-Corrupt - Part XV - Talking About Responsibility and Accountability While Failing to Hold Themselves Accountable
what outlet is there for justice or for the Rule of Law?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 06, 2026
IRC logs for Wednesday, May 06, 2026
Gemini Links 07/05/2026: Dissociated Jekyll And Hyde, New Antenna 2.0.0
Links for the day
Google Slop Contains Serious Errors, Google Has Just Been Sued for 1.5 Million Dollars by One Victim of It
If he wins, the floodgates will open for millions of other people
Keeping Server Costs Under Control in Age of Zombie-Majority Net
The Web has become such a sordid mess not just due to chatbots and LLM bots
People Work for Microsoft Because They Fear No Other Company Would Hire Them
Why do people still work at Microsoft?
The Register MS Does "Microsoft Says", Fails to Accept XBox is Dying and Slop is a Failure
The real news today isn't some tweets from Microsoft
IBM Seems to be Imitating the European Patent Office's "Young Professionals" (YPs) With Client Innovation Center (CIC), Which is About Mass-Hiring Inexperienced People on Very Low Salaries (Sometimes Unlivable)
So the future of IBM now is college students without experiences?
IBM Spammers With LLM Slop Discourage Discussion About IBM Problems and Layoffs
they would likely not bother had those discussions not hurt IBM's management [...] There is a similar problem this year in IRC
The Register MS is All About MS After the Site Overhaul, Now They Are a Platform of "Microsoft Says"
They rewrite history for sponsors [...] Microsoft says. Hence, it must be true!
Pop the Slop Bubble, Don't Ask When It'll Pop or Expect Others to Pop It for You
It has all along been sold on a lie and it relied a great deal on corrupted (captured) media which played along with deliberate lies because it got paid to do this [...] The slop bubble is similar to the fake-coins bubble
SLAPP Censorship - Part 68 Out of 200: Based on Their Particulars of Claims, Microsoft's Graveley and Garrett Seem Like the Same Person (Exactly Same Words Used, Sloppily Recycled)
almost identical (even a description of who they are and how they feel)
The Operating Systems statCounter Cannot Identify or Classify
Is it possible that statCounter just cannot properly decipher and classify systems brought by and controlled by eastern Asia as opposed to Europe and North America?
Gartner Group Paid The Register MS. And Now The Register MS is a "Gartner Says" Rag.
Follow the money
IBM Allegedly Used Apptio to Target and Sack (RA) Productive or 'Expensive' Employees, Are Apptio Staff Now Subjected to Layoffs?
Apptio is one of several companies that IBM buys only to sink together with the IBM boat, RMS Watson
Gemini Links 06/05/2026: "Who Knows That You Blog?" and New Official Antenna by Michael Nordmeyer
Links for the day
Links 06/05/2026: Apple Accepts That It Misled People on Slop and Begins Blocking Software/Games Made With Slop
Links for the day
Microsoft's XBox Exodus Carries on: Corporate VP of Gaming Ecosystem Organization and Corporate VP of XBox Devices and Ecosystem Both Leave Microsoft
Don't expect what's left of the media to properly report the true scale of the XBox cuts and executive-level departures
Codecs and Software Patents - Part II - AV1 and HEVC Not Really Safe
We are, in effect, looking at a sort of cartel (like the one which came out of Germany with MP3)
The Corrupt Lecture the Non-Corrupt - Part XIV - Antisemitism Inside the EPO
A sensitive topic for the European Patent Office (EPO)
Gemini Links 06/05/2026: Childhood Memories, Intense People, and Natural Web Exploration
Links for the day
Links 06/05/2026: Narges Mohammadi in Critical Condition and Copyright Infringement Rampant in Reddit
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 05, 2026
IRC logs for Tuesday, May 05, 2026