Bonum Certa Men Certa

The Council of Europe Slams the EPO as Political Pressure Grows for EPO Management to Obey the Law

An emergency



Summary: Battistelli et al. come under yet more fire as politicians -- many of whom from Battistelli's home country -- become better informed of the EPO's management fiasco, abuses, and scandals

We have just been sent a copy [PDF] of the written declaration sponsored by Pierre-Yves Le Borgn' (mentioned here before) and signed by 82 members of the Parliamentary Assembly of the Council of Europe. Rollbacks of fundamental rights at the European Patent Office are clearly not being tolerated. Here is the declaration as HTML:



Doc. 13836

25 June 2015

Rollback of fundamental rights at the European Patent Office



Written declaration No. 596

This written declaration commits only those who have signed it On 17 February 2015, the Hague Court of Appeal condemned the European Patent Office (EPO), arguing that its internal dispute settlement system led to a rollback of fundamental rights enshrined in the European Convention of Human Rights and the European Social Charter. The Court considered that the EPO could not invoke its immunity when a trade union is deprived of any means to challenge violations of the personnel's rights, for want of any legal remedy before the International Labour Organisation Administrative Tribunal or via any other internal procedure.

An international organisation cannot become a place of lesser law, sheltered by its jurisdictional immunity. Restraining the right of association, reducing the right to go on strike, preventing the personnel from being entitled to collective bargaining, depriving all organisations from any effective remedy and failing to carry out a court decision are all unacceptable developments. We call on the 38 member States of the EPO, all members of the Council of Europe, to bring this situation to an end and urge the EPO's management to comply with the decision of the Hague Court of Appeal.

Signed (see overleaf)




Doc. 13836 Written declaration

Signed1:

LE BORGN' Pierre-Yves, France, SOC AGRAMUNT Pedro, Spain, EPP/CD ALAVEZ RUIZ Aleida, Mexico ALLAIN Brigitte, France, SOC ANDERSON Donald, United Kingdom, SOC ANDREOLI Paride, San Marino, SOC BARILARO Christian, Monaco, ALDE BENTON Joe, United Kingdom, SOC BIES Philippe, France, SOC BİLGEHAN Gülsün, Turkey, SOC BLONDIN Maryvonne, France, SOC BOCKEL Jean-Marie, France, EPP/CD BONET PEROT Sílvia Eloïsa, Andorra, SOC CANTU SEGOVIA Eloy, Mexico CHAOUKI Khalid, Italy, SOC CHRISTOFFERSEN Lise, Norway, SOC CILEVIÄŒS Boriss, Latvia, SOC CORSINI Paolo, Italy, SOC CROZON Pascale, France, SOC DAVIES Geraint, United Kingdom, SOC DÍAZ TEJERA Arcadio, Spain, SOC DOKLE Namik, Albania, SOC DURRIEU Josette, France, SOC FLEGO Gvozden Srećko, Croatia, SOC FLYNN Paul, United Kingdom, SOC FOURNIER Bernard, France, EPP/CD FRESKO-ROLFO Béatrice, Monaco, EPP/CD GABÁNIOVÁ Darina, Slovak Republic, SOC GIOVAGNOLI Gerardo, San Marino, SOC GOSSELIN-FLEURY Geneviève, France, SOC GROSS Andreas, Switzerland, SOC GUNNARSSON Jonas, Sweden, SOC GUTIÉRREZ Antonio, Spain, SOC GUZENINA Maria, Finland, SOC HAGEBAKKEN Tore, Norway, SOC HAIDER Monica, Sweden, SOC HARANGOZÓ Gábor, Hungary, SOC HEINRICH Gabriela, Germany, SOC IORDACHE Florin, Romania, SOC IWIŃSKI Tadeusz, Poland, SOC JANSSON Eva-Lena, Sweden, SOC JURATOVIC Josip, Germany, SOC KARLSSON Niklas, Sweden, SOC KOX Tiny, Netherlands, UEL LE DÉAUT Jean-Yves, France, SOC LESKAJ Valentina, Albania, SOC LONCLE François, France, SOC LUND Jacob, Denmark, SOC MAHOUX Philippe, Belgium, SOC MAIJ Marit, Netherlands, SOC MARKOVIĆ Milica, Bosnia and Herzegovina, SOC MARTINEL Martine, France, SOC

_________ 1. SOC: Socialist Group EPP/CD: Group of the European People's Party ALDE: Alliance of Liberals and Democrats for Europe EC: European Conservatives Group UEL: Group of the Unified European Left NR: Representatives not belonging to a Political Group




Doc. 13836 Written declaration

MAURY PASQUIER Liliane, Switzerland, SOC MEALE Alan, United Kingdom, SOC MESTERHÁZY Attila, Hungary, SOC MULIĆ Melita, Croatia, SOC NACHTMANNOVÁ Oľga, Slovak Republic, SOC NEGUTA Andrei, Republic of Moldova, SOC NICOLETTI Michele, Italy, SOC OBRADOVIĆ Žarko, Serbia, SOC OHLSSON Carina, Sweden, SOC PÂSLARU Florin Costin, Romania, SOC PETRÁK Ľubomir, Slovak Republic, SOC QUÉRÉ Catherine, France, SOC RAWERT Mechthild, Germany, SOC ROCHEBLOINE François, France, EPP/CD RODRÍGUEZ Soraya, Spain, SOC ROSEIRA Maria de Belém, Portugal, SOC ROUQUET René, France, SOC SÁEZ Àlex, Spain, SOC SCHENNACH Stefan, Austria, SOC SCHMIDT Frithjof, Germany, SOC SCHWABE Frank, Germany, SOC SEKULIĆ Predrag, Montenegro, SOC SIMENSEN KÃ¥re, Norway, SOC STRIK Tineke, Netherlands, SOC SUTTER Petra, De, Belgium, SOC TAKTAKISHVILI Chiora, Georgia, ALDE TOMLINSON John E., United Kingdom, SOC VÄ–SAITÄ– Birutė, Lithuania, SOC VORUZ Eric, Switzerland, SOC VRIES Klaas, de, Netherlands, SOC VUÄŒKOVIĆ Nataša, Serbia, SOC XUCLÀ Jordi, Spain, ALDE

_____________________________ Total = 82



The latest item on IP Kat beat us to it. Merpel writes: "Altogether more than 100 parliamentarians from 32 countries have now expressed their anxieties and concerns regarding the persistent erosion of fundamental rights experienced by EPO staff over the past year and a half at the hands of the current regime, which presumably still enjoys the substantial support of the Administrative Council which has notional control of the organisation."

Merpel also found this political intervention in the European Parliament:



The European Patent Office (EPO) was set up forty years ago. It currently employs about seven thousand highly qualified people, most of whom work at its offices in Germany (Munich) and the Netherlands (Ryswick). In 2014 alone, it received 274 000 patent applications from companies all over the world. Its budget of EUR 2 000 million makes it the second largest European institution after the Commission.

There have been a huge number of complaints about the EPO. Cases of staff suffering from depression (including four suicides since 2012), a climate of intimidation caused by the creation of an internal investigation unit, and restrictions on the right to strike have been reported by the trade union, SUEPO, which is now banned from EPO premises. Among other things, the union is complaining about management’s plan to lower the cost of registering patents at the price of employees' health.

Is the Commission aware of this situation and what is being done to investigate it? Also, what are the grounds for the immunity granted to the European Patent Office, which allegedly derives from the fact that it is extraterritorial, thus making it impossible for any legal action to be taken to protect workers' rights?


Over at IP Kat there are some interesting comments from what appears to be EPO staff. The first:



During this time in a Galaxy far away ....

The Administrative Council just extended for 3 years VP5 (Raimund Lutz) the man who finds everything perfectly legal (when national courts and parliamentaries don't)...

AND

VP1 (who will be 70 at the end of his mandate whereas max. pension age at EPO is 67....

AND

Battistelli starts his new mandate with secret salarial conditions ...

AND

the AC did not bother to comment on the on-going spying on staff reps/unionists nor on public spying

All is fine in Eponia !!



Second comment speaks of betrayal:



Many years ago I gave a promise to the Office, and with it to the general public of Europe, that I would examine patents and only grant those with a high probability of validity as far as I could establish. In return for this the office made a promise to look after me. We had an agreement, which I considered to be binding. I have kept my promise so far and I intend to keep my promise. Unfortunately this is not made easier by the fact the some people in the Office have decided to withdraw the promise made by the office to me by changing the whole substance of my working conditions without my agreement. If I am to keep my promise, this must be tolerated, however, since there is no functioning legal system which will tell them to stop, so I have no defence. None the less, I intend to keep my promise, since I believe, and all the evidence I've seen confirms, that valid patents are important for the general public and the whole patent system. It would be really nice if someone could persuade the office to revert to keeping it's promise. I do hope these initiatives are a step along the way.



There are many more anonymous comments in there. The management of the EPO seems to have become besieged by an increasingly informed workforce, Parliament, and public. This can't end well for Battistelli. His time is running out.

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day