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Posted in Europe, Patents at 6:42 am by Dr. Roy Schestowitz
Looking the other way to secure their own job
Guy Ryder, Director-General of ILO
Summary: ILO does not deal with cases of injustice at the EPO and barely even looks into appeals, instead issuing very short dismissals and moving on as though it’s a rubber-stamping operation
EARLIER this summer we wrote about ILO’s passive approach towards (if not utter disregard for) justice at the EPO. We complained about apathy/indifference and then mentioned the upcoming decisions from the ILO Administrative Tribunal (ILOAT) — decisions which were likely going to be more of the same [1, 2]. We haven’t until now had a chance to revisit this subject.
=> ↺ EPO | upcoming | decisions | 1 | 2
“The above serves to reaffirm the view that ILO does not provide recourse/access to justice and Dutch authorities should therefore deal with the matter accordingly, removing the immunity of the Office.”The latest set of ILOAT judgments came out on the 28th of June. As can be seen here, many of the judgments (at least 7 we can see) were, as usual, about EPO. Mr. Rouiller himself was involved in his capacity as a judge (not just Tribunal chief) in some of the judgments, for example this latest one (complaint summarily dismissed). Only one out of 7 he was not involved in, namely this one (dismissed also). The remaining 5 are:
=> ↺ here | ↺ this latest one | ↺ this one
Judgment No. 3893 (dismissed)Judgment No. 3892 (dismissed)Judgment No. 3891 (dismissed)Judgment No. 3890 (dismissed)Judgment No. 3819 (dismissed)
Some of these decisions are so similar and so short that one has to wonder if ILO even put much effort into deciding al all! Look how short all of these decisions are (compared to others). It’s like they use templates and just modify the text slightly with Rouiller taking the lead not only as judge but also as President.
“Remember that when ILO asserted over 100 cases needed to be reassessed due to inappropriate composition (internal appeals) Battistelli did not actually comply with the ruling and ILO acted as though it’s absolutely fine for him to do this.”The above serves to reaffirm the view that ILO does not provide recourse/access to justice and Dutch authorities should therefore deal with the matter accordingly, removing the immunity of the Office. Remember that when ILO asserted over 100 cases needed to be reassessed due to inappropriate composition (internal appeals) Battistelli did not actually comply with the ruling and ILO acted as though it’s absolutely fine for him to do this. What good is a Tribunal that a thug like Battistelli can simply disregard (as he did in Holland two years ago)?
ILO is a joke. Perhaps we need to spend some more time writing about ILO itself. Based on the latest judgments, ILO employees too are complaining (see judgments 3886, 3885, 3884, and 3883). Can ILO legitimately judge ILO? In 3 out of these 4 cases the complainants were awarded compensation (in Swiss francs), one case was dismissed. █
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