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● 07.04.23

Gemini version available ♊︎

●● This Coming Friday ILOAT Will Rule on the New Career System (NO-Career System) of the EPO

Posted in Courtroom, Europe, Law, Patents at 6:32 pm by Dr. Roy Schestowitz

Image: LSC Munich thanks the members of the Election committee

Summary: The International Labour Organisation’s court (ILO’s Administrative Tribunal) is the last resort of EPO staff; a lot of the catastrophes we’ve been seeing — now formally extended to the European Union because of an illegal and unconstitutional Unitary Patent — can be attributed to a corporate coup inside an organisation that oddly enough operates outside the Rule of law

=> formally extended to the European Union because of an illegal and unconstitutional Unitary Patent

THE EPO‘s election isn't for management. For managers, it is a system of bribery and nepotism, not democracy or “best for the job”. Benoît Battistelli cheated his way into a seat (then he attacked the staff which António Campinos continues to attack, after Battistelli essentially gave him the highest position). When talking about an election at the EPO remember it’s about staff, mostly examiners, choosing representation — a right long fought for.

=> EPO | isn't for management | Benoît Battistelli | António Campinos

“In a sense, every now and then ILO issues some important rulings and Campinos tries to meddle in the process.”

The Local Staff Committee Munich published a letter in which Ion Brumme, who had antagonised illegal policies of Battistelli, praised ILO Judgment 4482. As a reminder, back in 2018 ILO gave Brumme his job back and Campinos would then ask him to leave (which he declined). In a sense, every now and then ILO issues some important rulings and Campinos tries to meddle in the process. Sometimes he does not even obey the rulings. This meddling is a matter of public record and even that alone should alarm everyone about the Unified Patent Court. EPO is a corrupt dictatorship that does not respect the legal system. Not its own, not others’ either. Why does the European Union tolerate and even enable such dictatorial behaviour?

“Besieged and oppressed EPO staff translates into hundreds of thousands of European monopolies that ought not exist in the first place.”

In the coming few days another important decision will come from ILO (its Administrative Tribunal, ILOAT, to be precise). We look forward to it. Among the issues at stake there might — inter alia — be European software patents. Examiners keep cautioning that they’re pressured to grant patents they oughtn’t, under increasingly cumbersome conditions.

=> important decision will come from ILO | issues at stake | European software patents

The following letter from Brumme is a “big “Thank you” to the election committee”; it turns out that things were hard because of “the regulations concerning data protection” among other things (of course the EPO’s management just bypasses or violates regulations concerning data protection with complete impunity).

The original is a PDF, but here’s HTML/plain text/GemText for wider availability:

European Patent Office 80298 Munich Germany
Local Staff Committee Munich MNSTCOM@epo.org Reference: sc23013ml Date: 22/04/2023
Open Letter To: Election Committee
cc. Social Dialogue
Subject: LSC Munich thanks the members of the Election committee
Dear colleagues,
On behalf of the outgoing Staff Committee Munich, I would like to thank you for your excellent work on the Election Committee. This year’s Staff Committee Election 2023 was a historic moment. After nine years and following ILO Judgment 4482 the organisation of the elections has once again been entrusted entirely to an Election Committee nominated by the General Assembly of all staff. This stands in stark contrast to the previous two elections, which were organised by the EPO management.
The significance of ILO Judgment 4482 cannot be overstated, as it unequivocally deemed the previous legislation as illegal, given its blatant violation of the fundamental right to Freedom of Association. This judgment effectively brought an end to a chapter characterized by severe social conflict. Today, a step towards true Freedom of Association at the EPO has been accomplished, and your contribution played a pivotal role.
We know that your task was not an easy one. In many aspects you had to navigate unchartered territory, especially regarding the new election rules, the electronic voting and the regulations concerning data protection. We are aware of the difficulties you encountered and of the long hours you devoted to this important task. Your commitment ensured the smooth operation of the elections.
Once again, I express, on behalf of the Staff Committee Munich, my sincere gratitude for your efforts.
With kind regards,
Ion Brumme
Vice-Chair of the Local Staff Committee Munich, Haar und Brüssel

The next post will present a more recent publication from the Local Staff Committee of Munich and Brussels (LSCMN). EPO staff is being crushed; maybe the actual goal is to make people feel miserable, desperate to meet targets while merely fighting for survival with a mental health crisis. Scientists cannot work under such conditions, and moreover it seems like the EPO does not want scientists anymore; it wants semi-automated rubber-stampers with scientific credentials. Besieged and oppressed EPO staff translates into hundreds of thousands of European monopolies that ought not exist in the first place. █

=> mental health crisis

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