Bonum Certa Men Certa

English Translation of Süddeutsche Zeitung Article About Benoît Battistelli, Željko Topić, and EPO Tyranny

Süddeutsche Zeitung



Summary: A recent report from Süddeutsche Zeitung explains the great degree to which Battistelli and his right-hand man Topić exercise total control over the EPO

We quickly enough (more than we had expected) received an English translation of the article from Süddeutsche Zeitung. The Techrights story that we published earlier today will be greatly helped by the following article's text (coherent translation):



Süddeutsche Zeitung No. 268, Friday, 21 November 2014

[English translation]

Uprising in the Realm of the Sun King



Benoît Battistelli is President of the European Patent Office; now his staff are challenging him on the streets. Their accusation: The Boss is overstepping the limit with all the powers at his command

By Katja Riedel and Christopher Schrader

Munich - More and more people are gathering this Thursday lunchtime in front of the European Patent Office (EPO) building near the Hackerbrücke in Munich. At first they’re about a hundred, and then in their hundreds. Since that Thursday, about half the staff have been on strike – and the issue is not money. It’s a matter of basic rights, as the people on the megaphones emphasise: “Yes to reform, no to this President”, so the slogans run.

This President: That’s Benoît Battistelli, 64 years old, boss of the Office since 2010. The protest, during which the demonstrators are aiming to march to the French General Consulate, marks a new climax in a conflict which has been festering for more than two years at the EPO, whose headquarters are located in Munich, and in which both sides, both the Union and the President, have wheeled out the heavy artillery.

"The EPO has 38 Member States and its offices are not subject to local laws – it is effectively “a state within a state”. And it’s state in a state of war."Until just before Christmas, according to their direst threats, the staff are intending to gradually bring the institution to a stand-still if the President does not signal that he is ready to negotiate. In that respect, in March this year Battistelli was still brimming with confidence: “In my view, the conflict has reached a peak. I am sure that in six months things will look different,” he told the Süddeutsche Zeitung at that time. He seems to have been mistaken.

In the mini-state there were many privileges – then the new boss brought a new broom

It all started with Battistelli’s arrival in 2010. The Frenchman, a graduate of the elite administrative academy ENA, was elected by a narrow majority on the Administrative Council to the top job at the international organization. The EPO has 38 Member States and its offices are not subject to local laws – it is effectively “a state within a state”. And it’s state in a state of war.

Originally, Battistelli was supposed to remain in office until July 2016 but this summer the Administrative Council extended his contract despite all the furore. Battistelli took over in July 2010 to remove the privileges which had become established in this mini-state, in Munich as well as at the other locations in Berlin, The Hague, and Vienna. He wants a leaner organization, fewer perks for the staff, who earn 121,000 Euro a year – on average. “We’re sitting very pretty here,” says an insider. Two years after taking office, however, sharper words were being exchanged between the President and the staff representatives. So much so, in fact, that even those who support his aims at reform are now accusing Battistelli of being brutal in his management style.

They’ve come up with a nickname for him – the “Sun King”. His opponents accuse him of exploiting the enormous range of powers which come with his position. In fact, the President has the power to decide on all minutiae related to personnel, in the remotest corner of the Office. He only needs the agreement of the Administrative Council for his proposals for reform, which determine the rights of the personnel.

And what gets discussed at those meetings, at which the representatives of the Member States take part, most of them chief executives of national patent organizations, not necessarily empowered in every state, is behind locked doors: The minutes of the debates are secret, and only some of the decisions are published.

"This summer Battistelli also dismissed the elected staff representatives, and announced a new election – based on his own rules. The EPO management does not recognise the Staff Union as a negotiating partner, and Union officials were recently forced to vacate their rooms in the Office. Battistelli has also reserved the right for himself to approve any ballots concerning strikes."The staff union SUEPO, which has now called the third strike this year, is not pulling its punches either. Even the festivities to celebrate the 40th anniversary of the Office last year were interrupted by a chorus of catcalls from critics outside the hall. SUEPO looks after the welfare of just under 7,000 staff members, and it’s getting clear majorities for its calls to strike. As far as Battistelli is concerned, though, the union is only fronting for a small radical minority, as he told the SZ.

The conflict has escalated this year, behind closed doors. A number of events have caused irritation for Mr. Battistelli: For example, the Dutch Vice-President, Wim van der Eijk, was declared to be in a conflict of interest by an internal Board of Appeal, and, much to the annoyance of the management, he is no longer permitted to take part in proceedings about patent oppositions. In addition to that, there have been ugly rumours circulating for the last two years about the Croatian Vice-President Željko Topić and his former activities. Croatian newspapers have reported accusations which relate in particular to his time as the Director of the Croatian State Office for Intellectual Property. Topić disputes these reports and Battistelli has taken a stand against the rumour-mongering. In a memorandum sent to all staff members in February 2013 he declared that all the accusations were groundless. Critics expressed some surprise at this “unconditional amnesty” issued by the President months before the conclusion of an internal inquiry.

This September, the long-time press chief and senior management figure Oswald Schröder, departed from the EPO under mysterious circumstances. Officially it was stated that this was a separation by mutual agreement.

And now the reason why this Thursday the demonstrators were wearing T-shirts emblazoned with the slogan “Hands off Aurélien”. At the beginning of November, a French patent examiner in Munich was suspended and escorted from the building by security personnel. Neither the management nor the attorney representing the person concerned were prepared to comment on the details of the accusations which had led to his suspension after a long time working on an internal board of appeal. Employees of the EPO do not have legal protection via national courts and only have recourse to this body. In the event of disciplinary proceedings, employees do not have the right to legal counsel nor are they allowed to remain silent with regard to accusations.

This summer Battistelli also dismissed the elected staff representatives, and announced a new election – based on his own rules. The EPO management does not recognise the Staff Union as a negotiating partner, and Union officials were recently forced to vacate their rooms in the Office. Battistelli has also reserved the right for himself to approve any ballots concerning strikes.

All in all, these are decisions which according to expert opinion are in contravention of European Human Rights. The management, however, exonerates itself from criticism by referring to decisions of the Administrative Council: “All we are doing is implementing the reforms,” says an official from Battistelli’s office.

On the other hand, the reforms which have been adopted allow the President to decide a lot of the details for himself. Those who want to contest his decisions are in a weak position: According to internal rules, the only recourse available is via the International Labour Organization Tribunal in Geneva, which is so overburdened that it takes many years to rule on the cases that come before it. By the time that any of Battistelli’s decisions are subject to legal scrutiny, it is more than likely that the man will already be drawing his pension.

Caption: Stormy times for Benoît Battistelli, President of the EPO in Munich.



Later this week we are going to elaborate on SIPO scandals, continuing what started with the case of Rikard Frgacic and the Ivan Kabalin story.

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024