Bonum Certa Men Certa

ILO Tribunal Once Again Rules That the European Patent Office (EPO) Violates Fundamental Rights

Video download link | md5sum 21732b1739fa562b0095d4c81484c82d EPO Anti-social and Undemocratic Creative Commons Attribution-No Derivative Works 4.0



Summary: The EPO's management, namely António Campinos and his mates (it's all about nepotism rather than democracy), will need to deal with Benoît Battistelli's "reforms" having been ruled as breaching fundamental rights of staff (for the second time in a year!); one can expect Campinos, whose own "reforms" are extremely controversial and unjustified, to cover up for his mate, Battistelli, just as he did the last time, as there's practically no accountability in the EPO and judges are treated with utter disdain

The Central Staff Committee (CSC) of the European Patent Office (EPO) has just circulated an open letter among staff. "In this open letter," it said, "the Staff Committee requests an in-depth review of all parts of the Service Regulations dealing with Staff Representation, following Judgment 4482."



Here's the letter as PDF and as HTML, along with the decision it cites: [PDF]

Reference: sc22006cl Date: 03/02/2022

European Patent Office | 80298 MUNICH | GERMANY Mr António Campinos President of the EPO

By email

OPEN LETTER



Staff Representation - Review of “Social Democracy”



Dear Mr President,

With Judgment 44821, the Tribunal recently quashed several provisions of the Service Regulations introduced with the Social Democracy reform (CA/4/14 and CA/D 2/14), particularly relevant to the way that Staff Representation may organise its elections and constitute itself. After the Judgments on the strike regulations, it is the second time the Tribunal rules that a reform breached the fundamental right of freedom of association.

Through this Judgment, it appears evident that the entire Title II – Chapter 3 (and associated Circulars) in the codex, dealing with Staff Representation, should be reviewed thoroughly. This should be done before the future round of staff representation elections, due mid-20232.

We believe it is in the common interest of the Office, the Staff and its Representation to review these regulations, such that we can agree upon the necessary amendments and present these to the Council in due time. Looking at the stance that the Tribunal has taken on violations of freedom of association by the EPOrg, we are convinced that the Office shall only present the Council with amendments to the Service Regulations which find support with the Staff Representation and put an end to the hindrance to its functioning since 2014.

We therefore request to extend the mandate of the existing Working Group “StaffRep Resources”, such as to carry out a proper review and reach agreement on appropriate amendments to all parts of the Service Regulations dealing with Staff Representation.

_______ 1 See also Judgment 4482 - Extracts 2 See consideration 15 in the Judgment.




Given that the next round of elections is due mid-2023, we look forward to receiving an invitation to this effect on short notice.

Yours sincerely,

Thomas Czogalla Chairman LSC Berlin

Michael Kemény Chairman LSC Munich

Martin Schaller Chairman LSC Vienna

Jorge Raposo Chairman LSC The Hague

Alain Dumont Chairman Central Staff Committee



We'll probably publish more on this topic quite soon. We've meanwhile made a local copy of the decision (also shown in the recording made 'on the spot').

"We've meanwhile made a local copy of the decision (also shown in the recording made 'on the spot')."In the video above I mention the other case of breach of fundamental rights (The EPO’s Overseer/Overseen Collusion — parts XXXXI and XXXXII are still planned for release) and quote a portion of input received from an EPO insider. That speaks of corruption inside and around the EPO. "The way the pandemic is managed reminds me the managerial success story of the EPO," the insider told us. "Do you remember that judge that was publicly defamed as nazi? The least we can say is that the actual situation lacks transparency. Believing is fine, double-checking is better. What do I know about Pfizer? Fines amounting [to] billions of dollars. Am I supposed to trust them? Perhaps not entirely."

This isn't about opposing vaccination in general but about patents and profit motives. We've long written and spoken about this subject, sometimes in relation to the EPO specifically.

There's also this anecdote: "A long time ago I received a phonecall from professional representatives from the UK. They wanted to see me and discuss a file with representatives from the US company. For obvious reasons I will not give the name. But I remember the file, the case was clear-cut and I had planned to grant. Why did they want to see me? Well, the meeting was surreal. The Americans started to talk about, [let's] say the weather, and other similar commonplace [stuff]. And then they started to ask me if I wanted to have one of their products. They insisted in a way [to the point] that the face of the British professional representative turned green. I politely replied that this wasn't the expect behaviour from the applicants, [and] that examiners do not accepts bribes!"

"Calling "nazis" every group you do not agree with is far too easy; in some cases, like IBM, it wouldn't even be metaphorical.""In summary," the insider said, "corruption also exists at the EPO. US companies use bribes to acquire marketshare. I have read that the Green Party in Germany wants the jab to be compulsory. It is their opinion and they are of course free to think so. But what disturbs me is that they demonstrate with banners [like] "FCK NZS" (fuck nazis). This is the level of political acceptance for people that ask questions, [as] did P.C. the defamed judge."

Calling "nazis" every group you do not agree with is far too easy; in some cases, like IBM, it wouldn't even be metaphorical. In the case of the EPO, there are some roots (the institution before it was known as EPO) in Nazi Germany and Battistelli himself has an acute case of Vichy Syndrome. At one point Battistelli tried to accuse staff representatives and/or union leaders (even accusing them in front of his government) of being "nazis" and doing nazi salutes. Judging by the track record of Battistelli and Campinos, we know this is not only defamatory but a clear case of projection.

Recent Techrights' Posts

Social Control Media as a Rapid Race to the Bottom - Part III - Foreign Interference and Chaff/Flare
Why would you trust alleged 'communication' (platforms) controlled by the same people who cut your undersea cables?
[Video] Richard Stallman Explains What Intelligence in Computing Really Means and How Old That Is (Story About 1975, 50 Years Ago)
Uploaded 11 hours ago by Manuel Cuda News
Links 05/03/2025: Prioritising Science, Patents Squashed
Links for the day
New Short Clip of Richard Stallman's Thoughts on the "Hey Hi" (AI) Hype, Courtesy of Manuel Cuda News
about 6 hrs ago
 
Links 06/03/2025: Discord Wants the Public to Pay for Losses, MongoDB Shares Collapse
Links for the day
Gemini Links 06/03/2025: Remaking Sites, Gemini Capsule Turns 5
Links for the day
Links 06/03/2025: Trade Wars, Trademarks, Attacks on (and by) the Media, Digg to Relaunch
Links for the day
The Fall of the Open Source Initiative (OSI): The Problems Are Much Bigger Than the Rigged Elections
It's not only about elections
Dr. Andy Farnell on Brutality and (or of) Brute-Force Computing
"Understandably, the ecological cost of compute was never really on the minds of pure computer scientists"
IBM Absorbs More of Red Hat and There Are Several Layoff Rumours
Those are just rumours for now
Gemini Links 06/03/2025: Digg, Project Failure, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 05, 2025
IRC logs for Wednesday, March 05, 2025
Gemini Links 05/03/2025: News Processing, Misbehaving, and Git
Links for the day
GNU/Linux Cracking Past the 4% Barrier in Hungary
There are still quite a few very famous developers and Free software projects from Hungary
Meanwhile in the Matrix Room #dei:fedoraproject.org
Remember that IBM does a lot of perception manipulation
Rumour About Red Hat Layoffs Yesterday
Can somebody from Red Hat or someone who knows someone there (impacted or not) confirm that there are layoffs this week at Red Hat?
What is fixated behavior? Stalker or just a fan of Emma Raducanu?
Reprinted with permission from Daniel Pocock
In Iran, GNU/Linux Reaches New Highs, According to statCounter
Does that make sense? In light of geopolitics? Probably.
Always Safety First
We have some reasons to suspect that one of several parties (possibly not in the UK but having connections here), having suffered major and very expensive setbacks, may look to harm the messenger one way or another
Links 05/03/2025: Starbucks Debt Soars and CFO Changed, Apple Pretends to Value Privacy, "Cloudflare Blocking Privacy Focused Users From Accessing Third-Party Websites"
Links for the day
Canonical's Latest Love Letter to Microsoft (Ubuntu Promoting Proprietary Spyware With Back Doors)
Typical Canonical, promoting Microsoft (and sometimes Windows) instead of competing against them
What Microsoft and GitHub Really, Really, REALLY Do Not Want You to See or Know About
They're trying to misuse law in a completely different continent or to allege that reporting important facts is in breach of privacy law
Slopwatch: linuxsecurity.com and Other 'Linux' Sites With LLM Slop
SEO spam with machine-generated fodder, plus a person to whom English isn't a first language
GNU/Linux Climbs to Record Levels in Switzerland. Can the EU, Norway, the UK, and Switzerland Divorce GAFAM?
Germany openly speaks about becoming independent from the US. How about Switzerland?
Gemini Links 05/03/2025: Living in Interesting Times, Font, and Social Control Media with Gos v1.0.0
Links for the day
Just Because Common Currencies (Including the US Dollar) Are Considered Uncertain Doesn't Mean People Should Adopt Volatile Multi-Level (Pyramid) Schemes
the scammers are trying to "go mainstream"
Use RSS Readers Instead of Social Control Media
RSS readers were designed to save time. Social Control Media was designed to waste time.
The 'Windows Era' Already Came to an End
Microsoft said to shareholders everything would be alright because of "clown computing" and then "hey hi"
The Fall of the Open Source Initiative (OSI): Microsoft Committing the Largest GPL Violation in Human History, Then OSI Covering That Up on Microsoft's Payroll
LLMs don't make GPL violations any more noble or acceptable; it's not hard to see what OSI was paid by Microsoft for
Social Control Media as a Rapid Race to the Bottom - Part II - Think Before You Talk
The 'socmed' nonsense does not exist in our home
Links 04/03/2025: Hardware, Health, Data Breaches, Politics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 04, 2025
IRC logs for Tuesday, March 04, 2025
Luxembourg: GNU/Linux at 8% Based on Estimates
steady increases this year
Gemini Links 04/03/2025: Bicycle, Photos, and Motorola 6809 Assemblers
Links for the day
Crossbow tragedy, bigger than Kyle Clifford, social media culture
Reprinted with permission from Daniel Pocock
Microsoft OSI Apparently Still Reading Techrights Closely, Trying to Make Face-Saving PR Moves
They have long had this reactionary rhythm, wherein it feels like we can 'control' what they publish and when by merely highlighting facts about them
Links 04/03/2025: Microsoft/Korea Game Industry Association Workforce Cuts, Outlook and 365 Outage Affects Very Many
Links for the day
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock