Bonum Certa Men Certa

EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

As with most headlines that have question marks in them, the answer might be "no" (with caveats)

Summary: Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)

WE are still on holiday (11,000KM from home), but we continue to receive new EPO leaks. Sooner or later we expect a lot of the ugliness to come out and be made public. But is this enough to save the EPO? Well, that depends on what "saving" means. Battistelli's policies are going to make a lot of staff redundant and also cause great pain to European businesses (especially the smaller ones, i.e. the vast majority).



"The motion to fire Battistelli," Petra Kramer wrote some days ago, "has been rejected, the motion evaluate the limits of immunity has been adopted."

If Battistelli lost his immunity, that might serve to bring some justice, but is it not too late? Time is running out.

As SUEPO noted, workers' bodies speak out about the European Court of Human Rights, but they never had any concrete/real leverage over Battistelli. He just ignores everyone who does not agree with him and if/when he can, he punishes too (firings, demotions, mental torture etc.). EPO has become like a consulate of Turkey in Bavaria, complete with its own sultan. Nominations for the Central Staff Committee closed about 5 days ago and only the brave 'dared' apply. No wonder...

"Two staff unions at the European Patent Agency," said one statement, "filed a complaint against the Netherlands with the European Court of Human Rights (ECtHR) for violation of article 6 ECHR in combination with articles 10, 11 and 13 of the Convention."

Another said: "The long-running conflict at the European Patent Office (EPO) over abuses of worker and trade union rights is now heading to the European Court of Human Rights (ECHR). SUEPO, the trade union at the EPO has filed a complaint against the Netherlands for failing to protect workers. The courts there ruled that Dutch law has no jurisdiction leaving the workers in a legal limbo. The workers have been supported by the FNV trade union and the matter has been taken up in the Dutch parliament."

There is also this new PDF in SUEPO's Web site, published several days ago to say:

Amsterdam 8 May 2017 – Today, two staff unions at the European Patent Agency, VEOB and SUEPO, filed a complaint against the Netherlands with the European Court of Human Rights (ECtHR) for violation of article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.

The European Patent Organisation (EPO), which is located i.a. on Dutch territory, is infringing on the right of the unions to take collective action and to enter into collective negotiations. These are internationally recognized rights that are also guaranteed by article 10 (right to freedom of expression) and article 11 (right of freedom of assembly and association) of the ECHR. For years now, there has been a culture of intimidation by EPO-management that has severely affected the work environment. The EPO is making it impossible for the unions to effectively serve the interests of their members. Though an organization like the EPO ordinarily enjoys immunity from jurisdiction, this does not apply if the unions do not have an effective legal remedy through which to (internally) address the problems. According to standard ECtHR-case law, a national court can them assume jurisdiction.

In its judgment of 15 February 2015, the Appeals Court in The Hague held that the unions in and of themselves did not have an effective legal remedy within the EPO. The Appeals Court assumed jurisdiction and then ruled largely in favour of the unions. The EPO filed a cassation appeal, primarily in light of the dismissal of its immunity claim. The State of the Netherlands joined the cassation procedure as a party on the side of the EPO. In its judgment of 20 January 2017, the Supreme Court ruled that EPO enjoys immunity from jurisdiction after all. The consequence of this verdict for the unions is that they do not have a true legal remedy by which to address the violations of their ECHR-rights.

As state party to the Convention, the Netherlands is obliged to ensure that the ECHR is safeguarded on its territory. As this is impossible in the light of the Supreme Court judgment, the Netherlands is violating article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.

The unions are represented by lawyer Liesbeth Zegveld.


There is some additional press coverage from what is typically a SUEPO-hostile site:

The Staff Union of the European Patent Office (SUEPO) has brought the Netherlands to the European Court of Human Rights amid rising tensions and alleged abuse at the EPO.

In a blog post on 9 May, SUEPO said that it previously sought protection from the Dutch courts in the form of an injunction to prevent the violation of EPO workers’ rights.

But the Supreme Court of the Netherlands upheld the EPO’s immunity, failing to “discharge their duty of care, thereby allowing a breach of fundamental rights on their soil and de facto condoning, if not endorsing, the EPO’s abuses”.


We have some new leaks coming and these ought to demonstrate not only why ECHR should take on the case but also why immunity must be removed and ILO be subjected to greater scrutiny. The deeper we look at this whole situation, the easier it becomes to see that ILO's Administrative Tribunal is part of the problem. It gives the illusion of access to justice -- something that it never delivers. ILO might as well tell the truth to Dutch authorities and ECHR; it has absolutely no control over labour rights at the EPO and at this stage, as a mater of urgency, immunity must be removed and Team Battistelli held accountable for very serious abuses, either as professionals or as civilians.

ECHR cases can take years to deal with (up to 3 years, their Web site states); that's longer than it will take for Battistelli to totally destroy the EPO, culminating in mass layoffs. We don't ever know what will be left of SUEPO and VEOB by that stage.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day