Bonum Certa Men Certa

English-Speaking Media Catches Up With Latest Twists in EPO Fiasco, Including Appeal to the European Court of Human Rights

This was publicly debated by Dutch authorities yesterday

House of Representatives (Netherlands)



Summary: Actions about or against EPO management have accelerated ahead of next month's Administrative Council meeting, whose head is leaving after alleged orders/commands from his government (half a year after we exposed his conflict of interest/s)

AS we noted a few weeks ago, under the surface and behind the silence there was something brewing. The EPO scandals recently culminated in the apparent firing of Battistelli's 'boss' (someone told us that the government forced his resignation -- an EPO tactic where it's made to look like early retirement) and the European Court of Human Rights may soon step in. Yesterday we reposted SUEPO's statement (which had also been sent by E-mail, based on a new comment from IP Kat).



This morning, the British media covered this latest twist (it's in the front page of The Register right now). Kieren McCarthy wrote:

The staff union of the European Patent Office on Tuesday applied to the European Court of Human Rights in an effort to force greater accountability on the organization and its president, Benoit Battistelli.

The EPO has carried out a years-long campaign of surveillance, intimidation and disciplinary hearings against staff who have opposed Battistelli's reform efforts: a campaign that would be illegal under the laws of the countries in which the organization resides.

But when the staff union, SUEPO, sued to force the organization to follow those laws, EPO management claimed immunity due to its status as an international organization. After a protracted legal battle, the Dutch Supreme Court ultimately agreed with that argument, and shortly thereafter EPO's president Battistelli sacked another staff union representative, sparking more protests.

SUEPO is appealing that decision to the human rights court by making the case that the immunity provision only holds if an organization has effective internal remedies. It argues that the EPO does not, and that its own systems are also severely lacking.


Even blogs of the patent microcosm are starting to respond to the damage caused by Battistelli's poor leadership and yesterday Kluwer wrote this:

EPO trade union files complaint against The Netherlands before European Court of Human Rights



[...]

In several other EPO member states – France, Germany, for instance – and at the European Union, the disastrous social climate at the EPO has been on the agenda repeatedly as well. Last month, the USF, the largest federation of Unions of the Public Service wrote a letter to the members of the European Parliament, stating: ‘Countless reports in the media about dismissed staff representatives, other scandals and a total loss of trust of the staff in the current EPO president, Mr. Battistelli, are evidence of the seriousness of the situation at the EPO.’ Recently, in a series of articles on this blog (I, II, III, IV), the negative consequences of the EPO policy for patent quality were questioned as well.

Crucially however, Battistelli still seems to have support of enough members of the EPO’s supervisory Administrative Council, which could have taken more measures against the authoritarian president than it has been willing to.

The complaint before the ECHR is the latest attempt to do something about the EPO crisis. In the Dutch newspaper Nederlands Dagblad, lawyer Liesbeth Zegveld explained it is directed against The Netherlands, ‘because it has actively promoted upholding the EPO’s immunity’. According to Zegveld, the Dutch government has a diplomatic interest in doing this, ‘as it hopes for international organizations to settle in the Netherlands’. It wasn’t immediately clear when a decision can be expected from ECHR, but it will probably take quite some time. A brochure of the court of 2012 indicates the aim is to finalize cases within three years.


EPSU, which has generally been supportive of SUEPO (as recently as a few months ago), tweeted me about it this morning. "Unions @EPOorg launch complaint against Dutch State with #ECHR as justice denied to workers," EPSU stated. Over at IP Kat there are now rumours about what will happen after Jesper Kongstad's (JK) departure:

Perhaps JK taking over as head honcho at the EPO could be Battistelli's "Plan B" in the (perhaps unlikely) event that someone at the AC points out that BB [Battistelli] will be beyond mandatory retirement age from August next year? After all, if it cannot be BB himself, then it would have to be a "trusted" acolyte... if only to keep the lid on the explosive secrets that we all know are just waiting to be uncovered.


Secrets like that money which got spent building Battistelli a palace at the expense (losses) of a Dutch contractor?

Comments

Recent Techrights' Posts

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
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
 
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
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