Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part L (50, Final): 2010 - 2022: Business as Usual?

Series parts:

  1. responsible for the adoption of Battistelli's "Strike Regulations"
  2. "unanimous"
  3. The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes
  4. The EPO’s Overseer/Overseen Collusion — Part IV: The Founding States
  5. The EPO’s Overseer/Overseen Collusion — Part V: Germany Says “Ja”
  6. The EPO’s Overseer/Overseen Collusion — Part VI: A Distinct Lack of Dutch Courage
  7. The EPO’s Overseer/Overseen Collusion — Part VII: Luxembourgish Laxity
  8. The EPO’s Overseer/Overseen Collusion — Part VIII: Perfidious Albion and Pusillanimous Hibernia
  9. The EPO’s Overseer/Overseen Collusion — Part IX: More Holes Than Swiss Cheese
  10. The EPO’s Overseer/Overseen Collusion — Part X: Introducing the Controversial Christian Bock
  11. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?
  12. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection
  13. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain
  14. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal
  15. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…
  16. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper
  17. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc
  18. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord
  19. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States
  20. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group
  21. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”
  22. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania
  23. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria
  24. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania
  25. fresh faces from the EPO's "captured states"
  26. The EPO’s Overseer/Overseen Collusion — Part XXVI: A Trojan Horse on the Budget and Finance Committee
  27. The EPO’s Overseer/Overseen Collusion — Part XXVII: Cypriot Complicity
  28. The EPO’s Overseer/Overseen Collusion — Part XXVIII: Benoît and António's Loyal “Habibi”
  29. The EPO’s Overseer/Overseen Collusion — Part IXXX: The EPOnian Micro-States - Monaco and Malta
  30. The EPO’s Overseer/Overseen Collusion — Part XXX: San Marino and the Perfidious Betrayal of Liberty
  31. The EPO’s Overseer/Overseen Collusion — Part XXXI: The Abstentionists
  32. The EPO’s Overseer/Overseen Collusion — Part XXXII: “Plucky Little Belgium”?
  33. The EPO’s Overseer/Overseen Collusion — Part XXXIII: Swedish Scepticism
  34. The EPO’s Overseer/Overseen Collusion — Part XXXIV: An “Extremely Dubious” Proposal
  35. The EPO’s Overseer/Overseen Collusion — Part XXXV: Slovakian Scruples
  36. The EPO’s Overseer/Overseen Collusion — Part XXXVI: Serbian Sour Grapes
  37. The EPO’s Overseer/Overseen Collusion — Part XXXVII: Stubbornly Independent Slovenia
  38. The EPO’s Overseer/Overseen Collusion — Part XXXVIII: Ensnared in the Tentacles of the SAZAS Octopus
  39. The EPO’s Overseer/Overseen Collusion — Part XXXIX: On the Slippery Slope to Capture
  40. The EPO’s Overseer/Overseen Collusion — Part XXXX: The Idiosyncratic Italians
  41. The EPO’s Overseer/Overseen Collusion — Part XXXXI: Public Service or Self-Service?
  42. The EPO’s Overseer/Overseen Collusion — Part XXXXII: A Parcel of Rogues?
  43. The EPO’s Overseer/Overseen Collusion — Part XXXXIII: A Legal No-Man's Land
  44. The EPO’s Overseer/Overseen Collusion — Part XXXXIV: Immunity = Impunity?
  45. The EPO’s Overseer/Overseen Collusion — Part XXXXV: In the Shadow of “Waite and Kennedy”
  46. The EPO’s Overseer/Overseen Collusion — Part XXXXVI: An Erosion of Fundamental Rights Protection?
  47. The EPO’s Overseer/Overseen Collusion — Part XLVII: Institutionalised Injustice at the EPO?
  48. The EPO’s Overseer/Overseen Collusion — Part XLVIII: The Unkindest Cut of All
  49. The EPO’s Overseer/Overseen Collusion — Part XLIX: The Rise and Fall of Battistelli's “Social Democracy”...
  50. YOU ARE HERE ☞ 2010 - 2022: Business as Usual?


EPO: Business as Usual
Benoît Battistelli and Jesper Kongstad have been replaced by António Campinos and Josef Kratochvíl.
But has anything of substance really changed? EPO insiders remain sceptical



Summary: The concluding part of this very long series explains that Battistelli's departure has solved almost nothing and delegates from member states aren't doing anything to tackle the EPO's deepening crisis

With this part we have finally reached the finishing line of our marathon series about the EPO's "Strike Regulations" - a key component of Battistelli's sinister plan to deprive EPO staff of their fundamental right to freedom of association.



From ILOAT Judgment No. 4430, it is very clear that the "Strike Regulations" proposed by the President of the Office in CA/57/13 [PDF] of 7 June 2013 were incompatible with the obligations of the EPO's member states to uphold and protect the fundamental rights of EPO staff.

"It took just over eight years until justice was finally done when Battistelli's "Strike Regulations" were struck down by the ILOAT on 7 July 2021."But due to Battistelli's nefarious influence over the organisation's governing body, these inherently flawed regulations were rubber-stamped by the Administrative Council - which gave its "unanimous" endorsement to decision CA/D 5/13 [PDF] on 27 June 2013.

It took just over eight years until justice was finally done when Battistelli's "Strike Regulations" were struck down by the ILOAT on 7 July 2021.

There can be little doubt that the judgments of the ILOAT's 132nd and 133rd Sessions amount to a damning verdict on "le Système Battistelli" and the toxic management culture which held sway over Europe's second largest international organisation between 2010 and 2018.

As the EPO staff union SUEPO put it succinctly:

"What was once a model organisation for Europe has revealed itself as an institution that has breached the fundamental rights of its employees – for more than eight years."


USF on EPO
The European public sector union USF reported on the ILOAT Judgments of the 132nd Session which confirmed serious and persistent breaches of the fundamental rights of EPO staff over a period of eight years.



"However, at the 168th and 169th meetings of the Administrative Council in October and December 2021, there were no signs that the gravity of the situation had registered with the Council delegates."The ILOAT judgments which rescinded the EPO's "Strike Regulations" and "Social Democracy" have belatedly revealed the severe deficiencies in the organisation's governance and management culture and finally exposed them to the light of public scrutiny.

However, at the 168th and 169th meetings of the Administrative Council in October and December 2021, there were no signs that the gravity of the situation had registered with the Council delegates.

Heads in the sand
At the meetings of the Administrative Council which took place in October and December 2021, there were no signs that the gravity of the situation had registered with the Council delegates.



This may be due to the zealous efforts of the EPO's internal "spin doctors" who have been doing their best to paper over the cracks.

The current "PR strategy" appears to be to depict the "Strike Regulations" and "Social Democracy" as unfortunate blunders by a "rogue President" who has long since departed.

"The current "PR strategy" appears to be to depict the "Strike Regulations" and "Social Democracy" as unfortunate blunders by a "rogue President" who has long since departed."But this is an unacceptably simplistic and sanitised narrative. It conveniently omits any mention of the pivotal roles played by the Administrative Council and the EPO's dysfunctional internal justice system in this grotesque fiasco.

In the meantime, many of the Council delegates responsible for the adoption of Battistelli's "Strike Regulations" in June 2013 and "Social Democracy" in March 2014 are gone.

Some have sailed off into the sunset of retirement while others have been promoted to new positions in the civil service of their home countries and are no longer responsible for European "IP" affairs.

It should also be recalled that some of the delegates responsible for rubber-stamping these Orwellian measures have been prodded into early retirement or resignation after becoming implicated in serious irregularities on their home pitches.

"With the passage of time, a lot of new faces have appeared on the Council."Those who remain from the "old guard" of the Battistelli era seem to be busy covering their tracks and insisting to anybody who will listen to them that there is nothing amiss and that everything is hunky-dory in the never-never land of EPOnia.

With the passage of time, a lot of new faces have appeared on the Council. However, it is extremely doubtful as to whether these newcomers - in particular the fresh faces from the EPO's "captured states" - are adequately briefed and properly informed about the mess that their predecessors have left behind for them to clear up.

One thing is certain: Battistelli's inglorious exit from the EPO in 2018 did not resolve the organisation's governance crisis which continues to fester under his anointed successor, António Campinos.

Battistelli inside hourglass
Battistelli's inglorious exit from the EPO in 2018 has not resolved the organisation's governance crisis.



As Kluwer Patent Blog put it in a recent posting which reported on some EPO-related judgments of the ILOAT's 133rd Session:

Years after the departure of president Battistelli at the EPO, the ILOAT cases keep unveiling details about the climate of fear and harassment under his presidency which have been so often described by staff members. Although he was succeeded in July 2018 by António Campinos, one of Battistelli’s closest allies Elodie Bergot, who used to be Battistelli’s principal director for human resources, is currently chief corporate policies officer. Some have linked the recently announced reshuffle at the EPO, in which Bergot will apparently face a considerable loss of influence, to the ILOAT decisions.


Over at the EPO, well-informed insiders predict that Battistelli's "tarnished" legacy - many would consider "toxic" to be a more accurate descriptor - will continue to plague the organisation as it slowly gears up to commemorate the 50th anniversary of the signing of the European Patent Convention on 5 October 1973.

EPC at 50 years
Preparations are underway to commemorate the 50th anniversary of the EPC, but as long as Battistelli's "toxic" legacy continues to plague the organisation, there doesn't seem to be a lot to celebrate.



In the meantime, it remains to be seen whether the members of the Administrative Council will continue to adopt the "ostrich position" at the upcoming 170th Meeting scheduled for 22 March 2022 (warning: epo.org link), or whether they will finally manage to pull their heads out of the sand and begin to tackle the manifold problems facing the European Patent Office after more than a decade of chronic mismanagement and cronyism.

"One thing is certain: Battistelli's inglorious exit from the EPO in 2018 did not resolve the organisation's governance crisis which continues to fester under his anointed successor, António Campinos."If the Council fails to step up to the plate, it is more than likely that the EPO will soon find itself engulfed by a new wave of unrest - especially now that the ILOAT has confirmed that staff of international organisations enjoy the fundamental right to "freedom of association" and do not need to beg permission from their employer to engage in "industrial action"!

Recent Techrights' Posts

Debian Developer at Sirius Was Under the Wrong Impression That Staff Must Check or Should See E-mail All the Time (24/7 Work Attention is an Occupational Health Hazard)
My personal and professional experience with a Debian Developer (DD) at work
Techrights More Productive Than Ever Before
Today we finally crossed the 1,900-page milestone
 
Navalny is Dead, This Week We Might Know if the US Will Kill Assange
Olaf Scholz backs Julian Assange’s battle to avoid US extradition
What Quality and Equality Mean
racial lines
From 91% to 33% or Less: How Microsoft Has Lost Australia
Historically Australia was quite a stronghold for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 04, 2024
IRC logs for Monday, March 04, 2024
[Meme] Record EPO 'Productivity'
Patent applications granted
Job Groups 5 and 6 at the European Patent Office (EPO) Another Case of EPO Discrimination
an under-reported (or entirely not covered) backlash from last summer
[Meme] Microsoft Fan: "Microsoft is in a panic from the continued loss of its user base"
Published a couple of weeks ago
Android Has Reached New Highs in Mexico, According to Web-Derived Data (Android Now Almost a Majority of the "Market")
Not far from 50%, i.e. half of the "market"
In defence of Albanian women: Outreachy & Debian favoritism scandal
Reprinted with permission from Daniel Pocock
Links 04/03/2024: Old Crisis Looming, UPC Already in Infringement of Article 6 ECHR
Links for the day
The Right to Disconnect (Meme and Very Recent References)
relatively new press
Links 04/03/2024: Techno-Babble in Tech Job Ads and Vision Pro Already Breaking Apart
Links for the day
Europe's Adoption of GNU/Linux, by Country (Now About 6%)
in Switzerland, for instance, adoption of GNU/Linux has been profoundly low
[Meme] 'Debating' People by Subscribing Them to Lots of SPAM
Rebuttal? No, spam.
From Sexual Harassment of Women to Yet More Cybercrimes
They can be prosecuted
Not Only Has Adoption of Windows Vista 11 Flatlined/Plateaued, Now It is Going Down!
Did many people delete Vista 11 and install GNU/Linux instead?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 03, 2024
IRC logs for Sunday, March 03, 2024
Venezuela: Windows Below 70% (Laptops and Desktops), GNU/Linux Up to 7%
It's a lot higher in Cuba
ICYMI: ZDNet Financially Controlled by Microsoft
a history of censoring SJVN's Microsoft-critical articles
Argentina Joining the 4% 'Club' (GNU/Linux on Desktops and Laptops)
Data as ODF
Transparency Sets Society Free
"Convenient delusions" aren't bliss but temporary relief
[Meme] The EPO, Europe's Second-Largest Institution, Which is Contracting With Belarus
Socialist EPO
The European Patent Office's (EPO) Illegal Ban on Mass Communication Gets in the Way of Democracy
The scientific process (patents apply to science) must allow scrutiny, both from within and from the outside
Links 03/03/2024: Depression in Hong Kong, Sex 'Apps' and STIs
Links for the day
Links Gemini 03/03/2024: NixOS and NextCloud, Back Into Ricing
Links for the day
The Debian family fallacy
Reprinted with permission from Daniel Pocock
GNU/Linux Peaking in Europe, Android Measured as Higher or More Prevalent Than Windows
Android topping Windows
For Every Action There's a Reaction
Gates lobbying Modi
Like in Africa, Android Takes Control, Raking in Almost All the 'Chips' in Asia
So Microsoft has no OS majority except in Japan and Russia (and tiny Armenia).
Links 03/03/2024: Goodbye, Navalny (Funeral Reports)
Links for the day
Gemini Links 03/03/2024: A Wild Devlog Appeared and GrapheneOS Ramble
Links for the day
Gemini at 3,800+
total number of known capsules at above 3.8k
Be a Navalny
We salute Mr. Navalny
Mozilla Firefox is Back in ~2% Territories, Jeopardising Its Status as Web Browser to Test/Target/Validate With
Some new stats
[Meme] Russian Standards of Law: The Executive Branch Decides Everything
the president's kangaroo court
Up Next: The Tricky Relationship Between the Administrative Tribunal of the ILO and the European Patent Organisation (EPO)
We've moved from presidents who run a republic by consent to corrupt, unqualified, dictatorial officials who bribe for the seat (buying the votes)
IRC Proceedings: Saturday, March 02, 2024
IRC logs for Saturday, March 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Beware Imposter Sites of Techrights (Not Techrights.com or Techrights.org)
Only trust pages accessed through the domains controlled by us
Italy visa & residence permit: Albanian Outreachy, Wikimedia & Debian tighten control over woman
Reprinted with permission from Daniel Pocock