02.20.17

Lack of Justice in and Around the EPO Drawing Scrutiny

Posted in Europe, Patents at 4:51 am by Dr. Roy Schestowitz

Abject poverty when it comes to human rights cannot be compensated for with a generous salary

Heiko Maas saleSummary: The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers

THE EPO has been reasonably quiet this year; the same goes for SUEPO, which came under severe and almost mortal attacks. ILO has barely helped as Team Battistelli mostly ignores it even when it rules against Team Battistelli. It’s more of that “above the law” attitude.

We recently became aware of this site which speaks of the Administrative Tribunal of the ILO. It also has this update:

Latest news: In the meantime the High Court of The Netherlands (Hoge Raad) maintained the international organisation’s immunity, despite severe human rights violations. Contrary to what the judges ruled a complainant has no means of accelerating a trial with the Administrative Tribunal of the ILO – in any case Articles 15 and 7bis of the Tribunal’s rules cannot be considered such means in “normal” lawsuits (cases of conflict), cf. http://www.ilo.org/tribunal/about-us/WCMS_249195/lang–en/index.htm . The two Articles were translated and interpreted wrongly by the Attorney General of the High Court – which the complainant’s Borgersbrief indicated, yet the judges seem to have ignored it. They went even further by ruling that the absence of such acceleration means is not a reason to remove the organisation’s immunity – that not only the complainant’s career was destroyed by the decision impugned, but also her health permanently harmed, did apparently not matter (I wonder in which case the organisation’s immunity would be disproportionate then….any clue??).

It is inexcusable that the EPO can enjoy immunity under these circumstances, for reasons we already explained in posts such as:

  1. Battistelli is an Autocrat Above the Law and It’s OK, Holland’s High Council Says
  2. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses
  3. Media Blasts EPO Over Immunity Amid Suicides, Battistelli’s Behaviour Compared to Dominique Strauss-Kahn’s
  4. Leaked: Team Battistelli, Exploiting a Controversial Decision From the Netherlands, is Trying to Squash SUEPO
  5. The EPO’s Freedom to Disregard the Law and Abuse Employees is “Being Taken up by the Council of Europe”
  6. The Netherlands With Its Bizarre Decision to Let the EPO Violate Dutch Law, Now in English
  7. “Team Battistelli Continues With Intimidation Tactics”
  8. The European Patent Office Officially Dishonours Justice, So It’s Time for SUEPO to Become Clandestine
  9. Culture of Terror at The European Patent Office Escalates Thanks to Dutch Government’s Complicity

We are attempting to gather more information on the above case, but in the mean time all we have is the list of ILO decisions regarding EPO staff. Occasionally we look more closely at a few.

Yesterday we explained why the EPO is becoming a threat to the European Union. It’s not just about reputation issues but also growing disdain that leads to revocation of memberships, such as Britain’s. Responding to the British press, one person asked: “Does [the EPO] do anything useful at all, apart from making headlines with complaints about their boss?”

And here is the latest comment, taking note of Germany’s failure as well (Maas has his own interests):

The EPO staff has no fundamental rights at all.

I read in the comment of Int.og: ¨ The host country may not be able to do anything directly, but as with anyone under diplomatic immunity they could say that he is no longer welcome, and ask him to leave.¨. This could surely be a possible reaction of Germany and The neteherlands.

The German prime minister Angela Merkel said to the new US President Trump:

“Germany and America are bound by common values — democracy, freedom, as well as respect for the rule of law and the dignity of each and every person, regardless of their origin, skin color, creed, gender, sexual orientation, or political views. It is based on these values that I wish to offer close cooperation, both with me personally and between our countries’ governments.”

Mr Heiko Maas, Federal Minister of Justice and Consumer Protection is well informed that there is a bad copy of Donald Trump President of the European Patent Office: namely Benoit Battistelli of french nationality. He is a bad copy because he has no respect for the rule of law, even not for the European Patent Convention, and the dignity of each and every person.

A nice overview you can find in the document for the Bavarian State Parliament published on 02 February 2017: Request – finally ensure the fundamental rights of the staff of the European Patent Office! https://www.bayern.landtag.de/www/ElanTextAblage_WP17/Drucksachen/Basisdrucksachen/0000009500/0000009748.pdf

It is for me and many others not clear what the reason is why Mr. Maas did nothing until now and many people working at the EPO have to suffer day after day.

And along the same lines, another comment:

A corporate dictatorship with diplomatic immunity?

I find it deeply disturbing that a commercial organisation can attain a status comparable to a sovereign nation, operate as a dictatorship, then be essentially immune to any government intervention, merely because it’s “international”.

So is Google, Microsoft and Apple, but that doesn’t make them immune to government intervention.

Frankly I think the EPO is an abomination that should be exterminated and replaced with something that is fully accountable in every jurisdiction in which it operates, starting with its present Gangster-in-Chief.

According to this new comment from IP Kat, the EPO has “more than one hundred examiners retiring and leaving this year,” probably running away from Battistelli’s sinking ship. To quote:

Again and again the rumours about over recruitment appear…..
Yes there are a few directorates where the stocks are decreasing, but there are many more where the stocks are still increasing.
Overall in the EPO the stocks are very very slowly going down.
With more than one hundred examiners retiring and leaving this year, without recruitment the stocks would increase again next year.
Why is this so hard to understand?
We were shown a simulation which predicts exactly this for our directorate, so also we have to recruit.
It made sense, and shows that there is enough work overall.
It doesn’t make me happy that the new examiners do searches while I do much more examination, but it’s fair since I have enough!

We are in the meantime attempting to contact the above-mentioned people, for there are clearly stories that ought to be told.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/02/20/epo-as-an-entity-above-the-law/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 21/6/2021: Rocky Linux 8.4, IPFire 2.25 - Core Update 157, and SUSE Linux Enterprise 15 SP3

    Links for the day



  2. There Are Bigger Scandals Than Revisionism and Brand Dilution at the Linux Foundation

    There are some misconceptions that need tackling; back in February (more than 4 months ago) the so-called 'Linux' Foundation decided to associate with yet another controversial drive that has nothing to do with Linux; some people think it's a new thing and leap to conclusions



  3. Techrights Video Gallery Without JavaScript

    Some of the improvements made this morning to the gallery of recent videos



  4. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  5. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  6. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  7. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  8. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  9. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  10. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  11. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)



  12. [Meme] IRC Wars in a Nutshell

    In terms of large IRC networks, we’re in trouble (unless we self-host) because they seem to be dividing themselves along political lines rather than anything technical or something of an on-topic/relevant substance. Using networks for Free software projects/organisations to push one’s political agenda is not acceptable because it’s starting to seem like in IRC space, FN has become the Front Nationale (French) and LC is Liberal Coalition. Both FreeNode and Libera Chat have managed to turn from technical platforms into political parties, in effect using technical networks (intended for technical projects) to push someone's political agenda and thus misusing them for personal gain. There’s no free lunch. As it turns out, FreeNode’s new owner (Andrew Lee) has just outed himself as a huge Donald Trump supporter who speaks of “these fuckers who stole that shit” (he meant the election, which he insists Trump actually won in 2020).



  13. IBM Handles More Removals of Signatures From Its Hate Letter Against Richard Stallman

    Less than a day ago IBM processed a request for removal (from its hate letter); as someone put it in a letter to us, also less than a day ago: “When all of this started in 2019, the Red Hat GNU developers showed off their colours. The best way to attack an organisation is from the inside. Using GNU developers was a dead giveaway. Google and Microsoft are very much on the team with IBM. I believe they’ve made headway into the Free/Libre software community and have persuaded senior Debianties to go along with them.” That same message, from an anonymous GNU maintainer, said: “The strategy to target major distributions is clear and present danger. I’m not sure what arguments of persuasion are being used, but I’m pretty sure their main tool is currency. RMS needs a lot of strategic support from experts who will rally to the Free Software cause. He needs great lawyers, some corporate minds, and intelligence specialists.” Sometimes it seems or feels like by simply buying Red Hat (the staff) IBM infiltrated the GNU Project and now it is vainly making claims like 'GNU is IBM' and thus IBM et al can command/tell the FSF who should run FSF, not only GNU. Such entryism isn’t hard to see; “An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation” has meanwhile garnered 6,758 signatures. The opposite letter is only decreasing in support (signatures lost).



  14. Links 20/6/2021: Debian GNU/Linux 10.10 “Buster” Released and LF Revisionism Resumes

    Links for the day



  15. The EPO's Enlarged Board of Appeal Has Already Lost the Case in the Court of Public Opinion

    Personal views on the sordid state of the Enlarged Board of Appeal (EBoA), which by extension bodes poorly for the perception of independence in every Board of Appeal (BoA); the patent tribunals have been captured by patent maximalists who either stack the panels or intimidate judges into ruling in a particular way



  16. Virtual Injustice -- Part 12: Carl Josefsson – Down But Not Out!

    António Campinos still controls Josefsson, who controls all the judges, so in effect all the legal cases (including some about European software patents) are manipulated by the Office the judges are supposed to judge



  17. Links 19/6/2021: Wine 6.11 and Proton 6.3-5 RC

    Links for the day



  18. IRC Proceedings: Friday, June 18, 2021

    IRC logs for Friday, June 18, 2021



  19. Virtual Injustice -- Part 11: Perceptive Comments and Caustic Criticism

    The EPO‘s management managed to silence a lot of the critical media (handouts and threats from Benoît Battistelli and António Campinos), but silencing comments is a lot harder; though we don’t know which ones were moderated out of existence…



  20. Links 18/6/2021: Mir 2.4, ActivityWatch 0.11, Microsoft Breaks Its Own Repos

    Links for the day



  21. [Meme] When the 'Court' Drops

    As the EPO sneakily outsourced courts to American companies and parties in dispute depend on their ISP for “access to justice” there’s a catastrophic impact on the very concept of justice or the right to be heard (sometimes you don’t hear anything and/or cannot be heard)



  22. The EPO's Virtual Injustice and Virtual ('News') Media

    A discussion of this morning's post (part 10 in a series) about the shallow media/blog coverage that followed or accompanied last month's notorious EPO hearing



  23. Links 18/6/2021: LibreOffice 7.2 Beta, Elementary OS 6.0 Beta 2, and Linux Mint 20.2 “Uma” Beta

    Links for the day



  24. The Self-Hosting Song

    Cautionary tales about outsourcing one's systems to companies that could not care less about anyone but themselves



  25. IRC Proceedings: Thursday, June 17, 2021

    IRC logs for Thursday, June 17, 2021



  26. [Meme] Swedish Justice

    The EPO‘s patent tribunals have been mostly symbolic under the Benoît Battistelli and António Campinos regimes; giving them back their autonomy (and removing those who help Battistelli and Campinos attack their autonomy) is the only way to go now



  27. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere

    The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media



  28. Links 18/6/2021: RasPad 3 and Pushing Rust Into the Linux Kernel

    Links for the day



  29. Heli Pihlajamaa Promoting Software Patents to Patent Maximalists

    "Ms Pyjamas" from the EPO is promoting illegal software patents to a bunch of patent zealots (CIPA)



  30. The Lying by Team UPC, Led Again by Kevin Mooney

    Team UPC, or specifically Mr. Mooney, lies to the public about the prospects of the UPC; similarly, EPO and EU officials keep bringing up false claims about the UPC, so while the UPC itself has likely died for good the lies have not


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts