Bonum Certa Men Certa

English-Speaking Media Catches Up With Latest Twists in EPO Fiasco, Including Appeal to the European Court of Human Rights

This was publicly debated by Dutch authorities yesterday

House of Representatives (Netherlands)



Summary: Actions about or against EPO management have accelerated ahead of next month's Administrative Council meeting, whose head is leaving after alleged orders/commands from his government (half a year after we exposed his conflict of interest/s)

AS we noted a few weeks ago, under the surface and behind the silence there was something brewing. The EPO scandals recently culminated in the apparent firing of Battistelli's 'boss' (someone told us that the government forced his resignation -- an EPO tactic where it's made to look like early retirement) and the European Court of Human Rights may soon step in. Yesterday we reposted SUEPO's statement (which had also been sent by E-mail, based on a new comment from IP Kat).



This morning, the British media covered this latest twist (it's in the front page of The Register right now). Kieren McCarthy wrote:

The staff union of the European Patent Office on Tuesday applied to the European Court of Human Rights in an effort to force greater accountability on the organization and its president, Benoit Battistelli.

The EPO has carried out a years-long campaign of surveillance, intimidation and disciplinary hearings against staff who have opposed Battistelli's reform efforts: a campaign that would be illegal under the laws of the countries in which the organization resides.

But when the staff union, SUEPO, sued to force the organization to follow those laws, EPO management claimed immunity due to its status as an international organization. After a protracted legal battle, the Dutch Supreme Court ultimately agreed with that argument, and shortly thereafter EPO's president Battistelli sacked another staff union representative, sparking more protests.

SUEPO is appealing that decision to the human rights court by making the case that the immunity provision only holds if an organization has effective internal remedies. It argues that the EPO does not, and that its own systems are also severely lacking.


Even blogs of the patent microcosm are starting to respond to the damage caused by Battistelli's poor leadership and yesterday Kluwer wrote this:

EPO trade union files complaint against The Netherlands before European Court of Human Rights



[...]

In several other EPO member states – France, Germany, for instance – and at the European Union, the disastrous social climate at the EPO has been on the agenda repeatedly as well. Last month, the USF, the largest federation of Unions of the Public Service wrote a letter to the members of the European Parliament, stating: ‘Countless reports in the media about dismissed staff representatives, other scandals and a total loss of trust of the staff in the current EPO president, Mr. Battistelli, are evidence of the seriousness of the situation at the EPO.’ Recently, in a series of articles on this blog (I, II, III, IV), the negative consequences of the EPO policy for patent quality were questioned as well.

Crucially however, Battistelli still seems to have support of enough members of the EPO’s supervisory Administrative Council, which could have taken more measures against the authoritarian president than it has been willing to.

The complaint before the ECHR is the latest attempt to do something about the EPO crisis. In the Dutch newspaper Nederlands Dagblad, lawyer Liesbeth Zegveld explained it is directed against The Netherlands, ‘because it has actively promoted upholding the EPO’s immunity’. According to Zegveld, the Dutch government has a diplomatic interest in doing this, ‘as it hopes for international organizations to settle in the Netherlands’. It wasn’t immediately clear when a decision can be expected from ECHR, but it will probably take quite some time. A brochure of the court of 2012 indicates the aim is to finalize cases within three years.


EPSU, which has generally been supportive of SUEPO (as recently as a few months ago), tweeted me about it this morning. "Unions @EPOorg launch complaint against Dutch State with #ECHR as justice denied to workers," EPSU stated. Over at IP Kat there are now rumours about what will happen after Jesper Kongstad's (JK) departure:

Perhaps JK taking over as head honcho at the EPO could be Battistelli's "Plan B" in the (perhaps unlikely) event that someone at the AC points out that BB [Battistelli] will be beyond mandatory retirement age from August next year? After all, if it cannot be BB himself, then it would have to be a "trusted" acolyte... if only to keep the lid on the explosive secrets that we all know are just waiting to be uncovered.


Secrets like that money which got spent building Battistelli a palace at the expense (losses) of a Dutch contractor?

Comments

Recent Techrights' Posts

The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
 
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025