Bonum Certa Men Certa

Further Attacks on EPO Staff and the Appeal Boards; Former EPO Boards of Appeal Member Speaks About EPO Scandals

It's easy for her to speak out about these scandals now that she's retired (just like Siegfried Broß)

EPO circus
Image credit: Sheikh it Sheikh it‏



Summary: In the process of devaluing EPO workers and perhaps preparing them for a large round of layoffs information is also revealed about further repressions against the independence of the Boards of Appeal

THE EPO is rumoured to be heading towards layoffs (700-1000 in number, i.e. 10-15% of staff), as we noted yesterday morning and CA/3/18 seems to be stripped apart by Battistelli, as we noted last night. "New Art. 53(1)(f) must be suppressed in the proposal CA/3/18," another source told us overnight. "That was decided in the Board 28 meeting on Wednesday. So, the status of "permanent staff" is maintained. But the other foreseen changes probably stay in CA/3/18 (still to be confirmed)."

"We certainly hope that the German Constitutional Court is paying attention to this."We are hearing these things (about layoffs and "permanent staff" status) from multiple independent sources, so it's likely to be true. As time goes by rumours become concrete and eventually the press too reports these as facts (albeit belatedly, sometimes as much as a month late).

Here's another new comment related to this (not many people will have noticed it):

Another curious detail is that in order to designate his deputy the President of the Boards of Appeal needs to have the approval of the President of the Office (CA/D 4/17). https://www.epo.org/modules/epoweb/acdocument/epoweb2/257/en/CA-D_4-17_en.pdf The background to this arrangement can be found in CA/53/17. https://www.epo.org/modules/epoweb/acdocument/epoweb2/258/en/CA-53-17_en.pdf


We certainly hope that the German Constitutional Court is paying attention to this. Our next post will be about the German Constitutional Court.

Catarina HoltzIn the meantime, however, mind the following new comment from Catarina Holtz, [1, 2], who describes herself as "former legally qualified member of the EPO Boards of Appeal, former Appellate Court Judge Stockholm" when she says: (probably in a rush due to a few trivial typos)

I am very impressed, Herr Bausch, with your astute observations. But, there is a problem for every international organisation, which tells us why we cannot succeed going national with our complaints. Why? Because all of them work in a deficient legal environment. There is no other constitution than the convention under which it works, there is no Parliament or Government, with their respective functions, governed by the people who voted them into office. one to adopt laws, the other to excute them. And above all, there is no access to any court to deal with complaints, be they staff grudges against treatment of them, or parties to cases who feel discriminated. ILO is the single way out and as some have already observed, the EPO might just disregard them. And mark this, this is the situation for each and every international organisation from the UN down (remember the Kompass case?). Study the case law of the ECHR on cases where staff of such isntitutions have tried to be heard, eg. Waite and Kennedy v. Germany or Heinz v. the conctracting states to the EPO. These are examples of why there is no access to the ECtHR, the states and the organisation are immune. So the effort of the EU to become a member of the ECHR is commendable, that would give staff and others a venue to be heard. The rest is not silence, but a continuous effort is required to make the powers of the EPO to see reason. What is happening there is disgraceful.


A lot of this can (and probably should) result in sanctions against Battistelli and the UPC. In a society which is based on law and order such behaviour cannot be tolerated. We don't expect ILO to intervene in any way because it's part of the problem and labour complaints/appeals arising from ILO end up in its very own Administrative Tribunal, as ridiculous as that ultimately sounds (no independence). If the EPO Boards of Appeal is controlled (indirectly) by Battistelli, who sort of appeal (against the Office) mechanism is it really? Imagine a UPC headed by Battistelli...

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