Bonum Certa Men Certa

Colossal Institutional Failure Surrounding the European Patent Office (EPO) and EPO Chickens Out of Debate About It

Summary: Shielded by a network of institutions, governments, and departments that facilitate the EPO's abuses by inexcusable inaction, Team Battistelli continues to hoard more money and power

I HAVE never come across anything quite as corrupt (and at the same time immune/resistant to scrutiny/above the law) as the EPO. It's truly astonishing. I thought we live in a society where the Rule of Law applies, but apparently there are some exceptions, for supposedly benevolent purposes.



A couple of days ago EPO critic Thorsten Bausch (from Hoffmann Eitle) covered an event in which Team Battistelli's 'Nemesis', Professor Bross, played a role/part, noting quite correctly that the EPO succumbed to the level of violating the EPO's own rules and founding document. To quote what is typically a pro-UPC and pro-EPO blog:

The MPI has been courageous enough to invite an eminent speaker to give a lecture on a topic that may sound curious or even somewhat provocative to some – note the question mark, though: “The Patent Granting Practice under the EPC – Erosion of the Rule of Law?” Enter Professor Dr. Siegfried Bross (German spelling: Broß), an extremely cultivated elder gentleman who speaks in a soft voice with this inimitable Swabian accent that non-Germans may remember from interviews with Albert Einstein. Before summarizing his lecture, it may be appropriate to introduce the lecturer to the international readership of this blog. Professor Bross has had a long and splendid career as a German judge; in particular, he spent twelve years (1986-1998) on the Xth Civil Panel [Zivilsenat] of the Federal Court of Justice. This Panel is, among other things, responsible for all patent cases at this court and is thus Germany’s top patent instance. And to top even that, Prof. Bross was then appointed to become one of the sixteen judges of the German Federal Constitutional Court, where he served for another twelve years until he retired in 2010.

[...]

Let us now turn to the message ofF’s lecture. His key thesis was that the basic framework of the EPC is not sustainable under the principles of the rule of law (“das Grundgerüst ist nicht tragfähig nach rechtsstaatlichen Grundsätzen”), and that the recent EPO reforms with regard to the Boards of Appeal are “ohne rechtsstaatliche Substanz” [without any substance in regard to the rule of law]. Boom.

Prof. Bross’ main criticism of the EPC framework was that it does not sufficiently respect the necessary separation of powers and does not sufficiently observe democratic rules and responsibilities. He argued that the Administrative Council and the EPO management negotiate structures without any parliamentary discussion, contrary to the established jurisprudence of the German constitutional court. He reminded the audience that the EPO legal order is not an integral part of the EU legal order nor is it identical to or even harmonized with it, even though many Member States of the EPO are also EU Member States. And he criticized the EPO Member States for having established an almost omnipotent executive with no proper checks and balances by an independent judiciary.


Quoting further fragments, highlighted by EPO insiders: "The MPI organizers of this afternoon session had hoped that Prof. Bross’s lecture would be followed by a lively discussion among a panel [...] that included, inter alia, a representative from the EPO and one from the German Ministry of Justice. [...] It is regrettable that this was not to be, since these two representatives did not show up. [...] Prof. Bross encouraged all institutions and stakeholders to get into regular discussions with each other, [...] but acknowledged that little can be done if institutions refuse to enter into such a dialogue. So much for that."

Here is the 'money quote': “States are not allowed to unite in such a way that humans become objects”

Not only states have allowed this to happen; even the ILO's Administrative Tribunal (ILOAT) enabled this by passivity, procrastination, and unwillingness to properly enforce the law. Covering what's wrong with the European Patent Office has thus far helped expose rot and dysfunction also in the EPO's AC, ILOAT, DKPTO, EC and so on. With few exceptions here and there, they're all in this together. The German Ministry of Justice is also one of the big culprits; by turning a blind eye to abuses, just like Dutch authorities that look for excuses, it becomes somewhat complicit.

A few days ago SUEPO was openly complaining about ILOAT. Institutional failure after nearly a century? Here is the original complaint [PDF], published several days ago with the following concluding words:

The ILO-AT is one of the oldest and one of the largest Administrative Tribunals. It now serves more than 65 international organisations with more than 58.000 employees. If its size is a measure, ILO-AT is uncontestably a success. But the Tribunal risks to become a victim of that success if it does not find a way to deal with its increasing workload while meeting modern standards of justice.

SUEPO believes that there are a number of fundamental weaknesses in the way the Tribunal is organized and presently operates, many originating from the past. These weaknesses must be addressed if the Tribunal is to live up to the purpose for which it was originally created, namely to be a judicial tribunal that ensures to officials of its member organisations “the firm conviction of safety and security emanating from justice, provide a judge for every dispute, and preclude the possibility of one of the parties being a judge in his own causei.”

In 10 years the Tribunal will celebrate its 100 years anniversary. We encourage the Tribunal to reflect on what it wants to stand for, and how it wants to be seen in 10 years’ time: as a modern Tribunal that, through fair and transparent procedures, provides for the necessary balance of power between international civil servants and their organisations, or as a relic of the past that is seen by many as complicit with rogue administrations, not least the EPO?

To live up to their reputation as global defenders of peace and justice, International Organisations must themselves set the example and provide their staff with a justice system that operates, and is seen to operate, to the highest standards of transparency and fair play. This imposes on the Organisations that are Members of the Tribunal, first and foremost among these the ILO itself, to support the Tribunal in modernizing its practice.


The Central Staff Committee, not to be mistaken for SUEPO in spite of overlaps, also earned some press coverage from The Register a few days ago. It speaks of Battistelli's continued pursuit of absolute power, in defiance of everything the EPC stands for:

The central staff committee of the European Patent Office has sent a letter to the organization's board warning it of proposed changes that would further undermine their rights.

The letter to the board of the EPO's Administrative Council comes one day before its preparatory meeting for the larger council meeting next month. That meeting is expected to center – yet again – on the breakdown of relations between staff and management.

On the agenda is reform of the EPO's disciplinary and investigative rules as well as its appeal process – something that has been pushed by critics of the EPO's current president Benoit Battistelli.

[...]

The exact same process of tinkering with internal policies in order to award greater powers to the president's office has happened repeatedly at all levels of the EPO, and have led to him being dubbed "King Battistelli."

The situation has grown so dire that the staff has even taken the EPO to the European Court of Human Rights in an effort to impose some rules over their treatment (EPO management claims immunity from national laws due to its status as an international organization).

Ironically, reform to the disciplinary proceedings and appeals process has been championed by one of Battistelli's fiercest critics – Dutch secretary of state for Economic Affairs, Martijn van Dam – as an example of how concerned member states are imposing some kind of accountability on a president run amok.


The EPO is a truly rogue institution, but those who guard its immunity and impunity are part of the problem, so we intend to dedicate more time and energy to exposing them too. Readers are encouraged to send us information and material that can help us pursue justice in Europe.

Recent Techrights' Posts

The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
 
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025
Links 14/01/2025: Vaccination Hesitancy Problems and Kangaroo Courts (UPC)
Links for the day
Gemini Links 14/01/2025: Introduction to GrapheneOS and Small Internet
Links for the day
Dr. Miriam Bastian From the Free Software Foundation (FSF) Gives a Talk in a Couple of Weeks at FOSDEM (Brussels, Belgium)
It's good to see people from all around the world and with very different backgrounds united around digital philosophy
Andy Farnell on Eating Your Own Dog Food
focuses on security but goes beyond that
EPO Uses the Misnomer "AI" to Attack Software Developers in Europe
The EPO is nowadays a huge pile of crimes
The European Patent Office’s (EPO) Communication on "Reform" is "Incomplete and Misleading," Says the Central Staff Committee at the EPO
This puts Europe at risk and makes it more vulnerable
[Meme] How to Lose Social Life (While Pretending to Still Have It)
Talk to people, not to microphones
Android (or AOSP) is More Free Than iOS, Both in Practice (as OEM Bundles) Both Are User-Hostile
In a perfect world, people would choose and deploy software that is entirely made up of reciprocally-licensed bits
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025
Links 13/01/2025: Conflicts, Prisoner Exchange, and Homes on Fire
Links for the day
Angola: Microsoft Windows Falls Below 10%
Microsoft has a really bad 2024 in Africa
[Meme] Twitter ("X") Has Been Grooming Radicals Since 2022
Musk's very own "grooming gang"
[Meme] What Free Speech Ought to Mean
It does not sound like RMS suggests anything other than quitting social control media
Gemini Links 13/01/2025: RestFest, Yule, and Deedum
Links for the day
Modern Web Browsers as Web Censorship Software
We continue to recommend Geminispace
Two Weeks From Now Dr. Richard Stallman Speaks at The Summit of Future 2025 (India)
he will be giving a "Keynote Address" in India
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025