Bonum Certa Men Certa

EPO Central Staff Committee Says António Campinos Became Like Benoît Battistelli After 4 Years at the Office ('Lost From Sight')

Quite likely Europe's most corrupt institution, which openly and flagrantly promotes unconstitutional, plaintiff-friendly patent courts based on illegal misinterpretations of conventions and laws

Campinos at JUVE
Credit/source: JUVE



Summary: The latest pair of meetings of the General Consultative Committee (GCC) saw António Campinos absent, just like Benoît Battistelli back in the old days; there's no social dialogue, only oppression and corruption

THE Central Staff Committee at the EPO has shared a report about two recent meetings, the latter of which going two weeks back. "Two meetings of the General Consultative Committee (GCC) took place around the turn of the year," it said. Here's the full text of the report, including the two annexes:



Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Munich,20/02/2023 sc23019cp

Report on the GCC meetings of 16 December 2022 and 8 February 2023



Dear Colleagues,

Two meetings of the General Consultative Committee (GCC) took place around the turn of the year.

Déjà-vu: President lost from sight The President of the Office chaired personally the meeting on 16 December 2022. He had already delegated chairmanship twice to VP 5 (Vice-President DG 5, Legal / International Affairs) in the past. In January 2023, he informed us that he would be delegating it again “until further notice.” Accordingly, VP 5 chaired the meeting on 8 February 2023.

When President Battistelli introduced “Social Democracy” in 2014, he stressed that the President would normally chair the meetings of the GCC as the “highest consultative body” at the EPO. At least that was how he sold it to the Administrative Council1. However, after some time, he obviously lost interest in “consulting” at the highest level with the staff representation and delegated chairmanship to VP 4 until the end of his term of office. We deeply regret that the current President seems to be adopting the practice of the former President.

We also called for a return to normality, where such important meetings should preferably take place in person. In vain: both meetings took place by videoconference.

The meeting on 16 December 2022 In the meeting, we discussed the following two items: ● Circular 356 (Resources and facilities to be granted to the Staff Committee; GCC/DOC 33/2022) - for consultation

The changes discussed in the GCC meeting were limited to provisions necessary to implement ILOAT Judgment No.4550, which ruled that restricting appointments of members of the internal Appeals Committees to elected Staff Committee members was unlawful. The Circular came into force on 1 January 2023. In the meantime, the CSC has appointed four colleagues to the Appeals Committees, so that they can start working again.

_______ 1 See document CA/4/14.




We consider that the circular plays an important role in making the work on the staff committee more attractive and effective. In our opinion, many further changes to the framework of “Social Democracy” are necessary and they must be implemented before the election of the next staff committees, who will take place soon, in spring 2023.

We have drafted a (quite positive) opinion on the limited changes, which is annexed to the present report.

● GCC Rules of Procedure (GCC/DOC 34/2022) - for information

The changes proposed by the administration are rather technical and limited in scope. We pleaded in the meeting for more profound changes. The document will be submitted again for consultation in the upcoming GCC meeting of 28 February.

The meeting on 8 February 2023

In the meeting, we discussed the following item:

● Adjustments to the Organisational Structure (GCC/DOC 01/2023) - for information

This item is actually a continuation of the adjustments presented in document GCC/DOC 32/2022, on which we have already written an opinion annexed to our report on the GCC meeting of 22 November 2022.

We have drafted an opinion on the latest changes, which is annexed to the present report.

The Central Staff Committee

Annexes: ● Opinion on GCC/DOC 33/2022 (Circular 356) ● Opinion on GCC/DOC 01/2023 (Adjustments to the Organisational Structure)




Annexes

Opinion of the CSC members of the GCC on GCC/DOC 33/2022:



Circular No. 356
Resources and facilities to be granted to the Staff Committee



The CSC members of the GCC give the following opinion on the revised Circular No. 356 on the resources and facilities to be granted to the Staff Committee as proposed in GCC/DOC 33/2022. The opinion relates solely to the amendments which concern the regulations on the Appeals Committee and the comments in the introduction. In particular, with regard to Articles 2(2), 3, 4, 6(2), 9, 11 and 13 of Circular No. 356, which were not the subject of the discussions on the Appeals Committee reform, there is a need for further discussion and, in the view of the CSC members of the GCC, a need for further changes.

The CSC members of the GCC appreciate that the meetings of the Joint Working Group Appeals Committee reform took place in an open and constructive atmosphere. Efforts in the social dialog to achieve change in the Appeals Committee go back several years. It is encouraging that discussions have now come to a common conclusion.

The ILO-AT Judgments Nos. 3694, 3785 and recently 4550 emphasised that considering the quasi-judicial functions of the Appeals Committee, its composition is fundamental. The balance sought to be achieved by the composition of this body, which includes members appointed by the Administration and by the CSC, is a fundamental guarantee of its impartiality. The Social Report for the year 2015 (CA/55/16) showed a questionable trend with only 2% of appeals allowed in 2014 and even only 0.5% in 2015.

This is why the CSC has repeatedly called for the Appeals Committee to be made functional again in such a way that staff regain confidence in it. The need to resolve disputes between the Organisation and the employees of the European Patent Office in due time and in a reliable and neutral manner is important. Having legal peace is a tremendous asset.

For the CSC appointees to the Appeals Committee, the CSC members of the GCC hence consider three points essential. Firstly, their protection is necessary so that they can freely express their opinion. Secondly, their career shall not be affected in any way by the activity. Thirdly, they shall have sufficient time resources to form a thoroughly informed opinion on the appeal cases.

The CSC members of the GCC are of the opinion that the above points are reached by the proposed amendments to Articles 6 and 7 of Circular No. 356 and further confirmed in the introduction. Positive note is also taken of the remarks in the introduction that two further items will fall within the remit of the Appeals Committee and its Secretariat: (1) the Rules of Procedure of the Appeals Committee should allow for new CSC appointees to join as observer in cases before participating as a member, and (2) the Appeals Committee should send its planning to the Appeals Committee appointees in advance of each year.




The CSC members of the GCC consider it important that a joint assessment and possible amendment to the newly introduced framework will take place in one year’s time, based on the input of all stakeholders and appreciate that an agreement in this regard could be reached.

Finally, the CSC members of the GCC would like to point to four key elements that characterised the preparatory discussions.

● Meetings took place in an open and constructive atmosphere, in which the social partners were both able to change their original view. ● Reflective thought, rather than haste, characterised the proceedings. The exchange of arguments took place both orally and in writing. ● In addition to their statements and claims, the needs of the social partners were carefully analysed and taken into account. ● The reports of the meetings were neutral and to the facts.

It is the sincere hope of the CSC members of the GCC that under the amended regulations the Appeals Committee will function and take up its duties as soon as the CSC appointees are found. May the spirit of the Joint Working Group Appeals Committee reform also spread to other areas of the social dialogue.

The CSC members of the GCC




Opinion of the CSC members of the GCC on GCC/DOC 1/2023:



Adjustments to the Organisational Structure



Introduction

As was the case for previous documents of this kind, also for GCC/DOC 1/2023, the CSC members of the GCC are of the opinion that, in view of the impact of the proposed organisational changes on staff, the document should have been presented to the GCC “for consultation”.

In addition, the CSC members of the GCC make the following comments on the organisational changes as set out in GCC/DOC 1/2023.

General observations

Comments and questions which we raised during the discussion on GCC/DOC 32/2022 in the GCC meeting of 22 November 2022 have not yet been addressed and we are looking forward to a later exchange on those. During the GCC meeting, it was explained that implementing the organisational changes followed a top-down approach, i.e. the senior manager positions are first announced and filled, only then will the teams and units be (re-)organised. For other colleagues, this means that they still have to wait until the final structure of their units is known. This uncertainty creates stress and it is perceived that until the final setup is known, many decisions are put on hold, which paralyses teams in their work.

Within DG 0

PD 0.2 Communication The document sets out that with the reform the management intends to “... dispel the notion of difference in importance between internal and external events, breaks down any perceived silos ...”. The new structure would comprise only two teams “Event management” and “Event planning and implementation”. The fear remains that the new structure would continue to have the same partition under different terms, thus resulting in keeping perceived silos, namely those of the brain and the legs: one team responsible the strategic thinking while the other team for implementation.

PD 0.8 Employment Law and Social Dialogue Advice From one directorate in the recent past, Employment Law has evolved into a principal directorate with two directorates and a further unit, emphasising its importance. Considering that management forecasts that the litigations are going down in numbers and despite the fact that social dialogue was added to the portfolio of this PD, we are not convinced of the “strong business case” for this upgrade. Still we support and further encourage the envisaged shift of focus from litigation to social dialogue. We will monitor whether the new structure can contribute to this shift.

Within DG 1

We appreciate that classification is finally being dealt with at high level and reporting directly to the COO. However, we wonder whether the transfer to DG 5 of the high-level activities in classification such as CPC implementation at national levels, or CPC training (general, advanced and field-




specific) as presented in the document is the right step. We received confirmation in the meeting from both VP 5 and the COO that the collaboration between DG 1 and DG 5 would continue successfully.

Within DG 4

We learnt from the document that external consultants conducted a future readiness study, a copy of which is not available to us. As a result, an additional directorate is now being planned to prioritise the planning and work for other directorates within PD 4.4. VP 4 seems to be convinced that a directorate in charge of financial control (whilst not calling it controlling) is important in view of the huge budget involved in the building projects. She had already installed a similar control layer in BIT. We are of the opinion that independent control of such expenses outside the respective PD and DG would be more adequate. The trend in the past was in fact to reduce units for each area (controlling, training, etc.) for which there are central entities. We propose to strengthen again an internal audit unit.

Within DG5

PD Patent Intelligence As set out in the general observations above, the final organisational changes for the directorates within PD 5.4 are yet to be seen. Many colleagues in current PD 5.4 enjoy to work with colleagues from other directorates and other sites within and outside their PD. Not knowing how their units will be reorganised, who their directors will be, and which transfers will take place between units and directorates, they are kept in an uncertain state that causes stress and unrest. In this context, we appreciate that VP 5 clarified during the meeting that the PD and two of the directors of future PD 5.4 will be based in Vienna. One of the issues the administration still needs to address is the provision of sufficient resources for PD 5.4 to fulfil their current and future tasks at the high quality level which their tasks require.

Final remarks

The conclusions drawn in our earlier opinion on document GCC/DOC 32/2022 remain valid. More particularly, the low staffing levels and the difficulties in coping with the workload in many areas has become apparent in the recent staff survey among staff in all DGs. This is not addressed by the planned reorganisations.

Constant reorganisations should be avoided and phases of consolidation are needed to reduce the stress level for our colleagues. Therefore, a “cautious approach” and proper consultation in advance should be guiding principles.

Furthermore, it appears that the goal of leaner management structures has been strictly pursued in only one DG, namely DG 1, where one single director is now responsible for up to 450 examiners, while in all other DGs many directorates have just a handful of staff. We understand the reasoning that some directors have a more specialised and heterogenous portfolio of responsibilities to manage, but the discrepancy between the directorates in DG 1 and the other DGs is glaring and the situation still seems unbalanced. Some of the core tasks of directors, such as reporting and supervising their staff, become impossible above a certain number of staff. In addition, the message sent to staff in DG 1 is that they do not deserve as much attention as staff in other DGs.


To those who have spent decades serving this patent office it must be mortifying to see how quickly the employer deteriorates.

"To those who have spent decades serving this patent office it must be mortifying to see how quickly the employer deteriorates."Based on some of the latest comments that SUEPO highlights with these links, the office is risking complete implosion because since 2010 it wasn't run by suitable people and instead milked to death by special interest groups.

We'll soon show that recruitment of examiners too is in a state of crisis.

Recent Techrights' Posts

BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
 
Gemini Links 18/06/2025: Magit and Farming
Links for the day
Slopwatch: BetaNews is Now a Slopfarm (Like Linuxsecurity) and Google News is Overwhelmed by Slopfarms
The Web is bad
Links 18/06/2025: SCOTUS Decision on Fentanylware (TikTok) Still Ignored, 4.5-Day Work Weeks
Links for the day
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025