Bonum Certa Men Certa

Cases Against the European Patent Office (EPO) and the Demise of Transparency International (Which EPO Partly 'Absorbed')

Article about Transparency International



Summary: Accountability at the EPO takes two steps forward (two new ILO cases) and one step backward (Transparency International going more or less defunct in Germany), but workers continue to speak out and demand change

"EXCEPTIONAL public delivery" from the ILO is expected very soon (later this month). This was mentioned here about a week ago and a few days ago this news from ILO came out, specifying exactly which cases were set apart to be published separately, probably because they are more important. To quote the news:



The Tribunal will exceptionally deliver in public four judgments adopted at its 123rd Session separately and earlier than the remaining 93 judgments adopted at the same session.

The four judgments are: - No. 3723: Atil No. 2 v. WMO (application for execution of Judgment 3348) - No. 3750: Mngola v. Global Fund - No. 3785: Fritz No. 2 v. EPO - No. 3796: Vermeulen v. EPO

Those judgments will be announced in public on Wednesday, 30 November 2016 at 3 pm at the ILO (Room XI, floor R2).

They will be published on the Tribunal's website (ilo.org/trib) shortly after the delivery.

Geneva, 15 November 2016

Dražen Petrović, Registrar


These two EPO cases (third and fourth above) are probably of high impact and more profound than, e.g. the van Breda case which SUEPO is pressing on [PDF] (more to do with finance and illness, less with human rights), but we shall know for sure at the end of this month.

"Put simply, the EPO hires some of the potential overseers/critics, which is a common technique that only the affluent can afford to pull off (oil companies habitually do this in countries that they pollute)."Making the EPO wholly accountable or holding particular managers accountable where they deserve it has gotten rather difficult not just because of impunity/immunity (with ILO being years behind, drowning in additional EPO complaints) but also entryism. Put simply, the EPO hires some of the potential overseers/critics, which is a common technique that only the affluent can afford to pull off (oil companies habitually do this in countries that they pollute).

Transparency International (TI) 'merger' or overlap with the EPO was noted here before, giving as a prominent example Jana Mittermaier, ex-Transparency International worker and now PR person for the EPO (or "Mittermaier the Liar" as I cautiously called her the other day, after she had relayed the management's lies about its union-busting activity).

"TI, say what?"

That's what one reader told us about them.

"TI is in crisis, too," this readers added. "Have you read the very bad news about recent Transparency International "issues"?"

We were actually not aware of it, but it's very fresh news (days old in the press, as recent as a couple of days ago, i.e. Friday). "Read Stuttgarter Zeitung (in German)," our reader told us, "and perhaps better to understand read in English" the following:

Transparency International is in crisis. The organization needs to cut costs and restructure its international secretariat in Berlin. At the same time, Transparency is fighting against its workers’ council in the local courts. In a bid to ease tensions, Transparency has also now made changes to its leadership.

[...]

The current court case in the Berlin labour court highlights the difficulties Transparency has in dealing with its own staff. The organisation is currently restructuring its Berlin-based international secretariat. The secretariat is the backbone of the global organisation, supporting the national chapters in their work. But over time, a number of well-paid executives have assembled near the top during the tenure of managing director Cobus de Swardt, who has been at the helm of Transparency for nearly a decade. This week, the South African national has lost some of his responsibilities to a newly-appointed second managing director, according to information obtained by correctiv.org.

To cut costs, Transparency sought to flatten hierarchies and cut staff. The organisation’s workers council attempted to strengthen employee rights by establishing a so-called finance committee (German: Wirtschaftsausschuss). Such a committee can for example demand management to disclose certain financial information. Transparency’s management is trying to prevent the formation of this committee, even filing a legal case against it.


This bodes negatively not just for the EPO but also for Germany. And it's not all that much better in The Hague, where a Dutch speaker (speaking on behalf of the EPO) got away with saying on Dutch television that he would snub the highest court in the country!

“A disaster for the whole European Patent system is on its way, watch the soon upcoming decisions of the German Bundesverfassungsgericht on its constitutionaly [sic].”
      --Anonymous
Neanderthal standards in the Netherlands towards journalists and bloggers too can be tolerated? Remember that the EPO threatens me over my writings about the EPO and it also banned/blocked IP Kat to suppress access/publication. Where were Dutch politicians when the EPO threatened publishers and around the same time spoon-fed Dutch 'journalists' some libel to spread (publish) about an accused judge whom Battistelli does not like?

What on Earth has the EPO become and how is it allowed to get away with these actions in supposedly civilised nations that sport international courts? Many EPO insiders keep asking those same kinds of questions. In Merpel's latest writings there is an implicit/subtle call for outside intervention. There are 20+ comments in that first comment thread (about the accused judge), but to quote a little selectively (there's some noise among the signal there), this is "so sad" and "disaster for the whole European Patent system is on its way, watch the soon upcoming" (link to comment). The full comment says: "This is all so sad. The mere fact that the members of the boards of appeal just carry dealing with their cases instead of loudly protesting against this incredible situation demonstrates how little remains of their independence and judicial status. A disaster for the whole European Patent system is on its way, watch the soon upcoming decisions of the German Bundesverfassungsgericht on its constitutionaly [sic]."

“In case it is decided to ignore your suggestions at the next administrative council we will have all our answers and better get ready for the end of the EPO.”
      --Anonymous
In reply to that latter part one person wrote: "Please note that - different from what had been envisaged in the court's outlook for 2016 - a decision (unfortunately) does not seem to be "soon upcoming" at all. This does not change by frequently claiming that the opposite was the case. Apart from that, bearing in mind the possible political impact of the decision and the manner the German Constitutional Court recently dealt with similar matters, I would be rather sceptical that any meaningful guidance can be expected, let alone a convincing solution."

There are also some pro-Battistelli comments there (however few) and these take up a lot time and energy from the on-topic discussions.

“How many months more before your already widely dysfunctional institutions will descend into chaos?”
      --Anonymous
"Thank you so much Merpel," one reader wrote. "A most accurate and detailed summary of the deeply sad situation under this president. I hope (I am sure) that this analysis will circulate to all interested parties. In case it is decided to ignore your suggestions at the next administrative council we will have all our answers and better get ready for the end of the EPO."

Experience suggests that politicians care about these scandals only if/when they have something to politically gain from them. Some people now compare this to US politics (and election), noting that "the 24/7 freak show doing business under the brand of "US politics" hardly gives you any ground for gloating. How many months more before your already widely dysfunctional institutions will descend into chaos?"

“Maybe someone in the new US Administration will set their sights on the EPO.”
      --Anonymous
One reply to this said: "Maybe someone in the new US Administration will set their sights on the EPO. The failure to provide a truly independent judicial review instance could arguably count as a breach of TRIPS. Grounds for an action against the EPO contracting states? Let's see..."

We sure hope that some outside intervention (ILO is too slow and TI is virtually defunct) will save the EPO. If often seems like the Office and the supine Organisation cannot be saved anymore (as it's too late, they've been rendered dysfunctional from the inside, compromising the very core structure as envisioned in the EPC).

Recent Techrights' Posts

SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
 
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026