New Series: Administrative Tribunal of the ILO and the European Patent Organisation (EPO) Working Outside the Law, in Effect Colluding Against Very Vulnerable People
Part of a pattern. EPO's Administrative Council and ILO's Administrative Tribunal do not value human rights... or even humans.
THE other day we promised we'd start a new series about the ILO Administrative Tribunal in Geneva and its role in facilitating great abuse at the understaffed EPO. Tomorrow we shall "officially" start, commencing with official documents. We plan to cover EPO affairs every day this month, i.e. the same as January and February.
The state of the justice system, especially courts (or tribunals, mostly a semantic distinction), isn't good. We shall focus on specific examples of that, especially those dealing with labour disputes and patents. We must limit our scope due to our limited capacity.
Before we begin the new series we'd like to draw attention to something which was noted already in Daily Links (a couple of days ago).
"I quickly made a Meme," the FFII's president told me, asking if we can "just cite" this thing.
In case that's not obvious, this is inherently and deeply unconstitutional. It's like a sort of monarchy. We might expect this from China or Russia, not Europe.
"Mention the article in the tweet," I was told, as "it is to the point."
I agree!
These farcical patent courts are illegal and unconstitutional. We won't stop protesting them. Watchtroll has just openly promoted these, so it's clear who stands to benefit.
Having a UPC appeal without the required judges just serves to show that there is not even a fundamental legal basis. These are merely kangaroo 'courts' - so much so that even the patent maximalists and litigation profiteers seem concerned. They published "UPC already in infringement of article 6 ECHR?"
Well, it's in infringement of many other things too, including international conventions. This is a case of EPO capture by litigation fanatics, with their corruption spilling over to the EU and to the legal system, even bypassing national courts in the process. To quote patent maximalists: (these are not UPC opponents, but they too are concerned now)
The Unified Patent Court, UPC, is a brand-new judicial court that opened its doors in June 2023 to deal with European patent infringement. The Unified Patent Court Agreement (UPCA) instituting this court explains that it should be devised to ensure expeditious and high-quality decisions, following its the 6th considering of the UPCA. The quality, and the highest one, is also referred to as for the selection of judges that compose this court following article 15(1) of the UPCA.Nonetheless, despite the checked quality of the selected and appointed judges, the aim of expeditious decision seems to have gain the upper hand over legal standard: with less than a dozen of decisions issued by the internal Court of Appeal of the UPC, this Court of Appeal already appears to have failed to follow the rule of law for the composition of the Court of Appeal’s panels.
August & Debouzy's patent litigation team together with its European Law Brussels’ Office have analyzed the legal situation at stake.
This is part of a pattern. They're basically departing from the rule of law, international norms, the EPC etc. to promote stuff like European software patents even at the litigation level, sometimes to the point of bypassing the highest courts in pertinent nations. This leads to a lawless state of affairs, where sovereign citizens aren't even protected by their own constitution. Sort of like EPO and other IOs (international organisations). ILO serves its "clients", i.e. the EPO, not the complainants. Likewise, UPC serves the EPO, not the defendants or the EPO's victims.
For the battle over influence - and for moral advantage over an increasingly aggressive Russia - we'll need to weed out these remnants of autocracy and corruption at the core of the EU. Nothing hurts us more than hypocrisy. █