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

The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Shows Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
 
IBM's Fedora Plans to Integrate Slop Into "Fedora Workstation as a Default Feature."
IBM does not care whether the community wants this or not
Extremism in the Free Software World is Mostly a Myth
Only the firm belief that justice applies to all will produce a just society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 06, 2026
IRC logs for Monday, July 06, 2026
Links 07/07/2026: Kernelized Secure Operating System (KSOS) and "Exploiting Thoughtcrime in LLMs"
Links for the day
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day
Not Everything Should be Electric
technology has become detrimental to society
Gemini Links 05/07/2026: Eye of the Beholder and Baldur’s Gate 3 and Alhena 5.6.5
Links for the day
GNU/Linux Market Share is Already High
GNU/Linux has fast become and is still becoming mainstream in recent years
The 9-Step IBM Algorithm: Gaming Wall Street While Shedding Off Staff and Bribing the Mainstream Media to Play Along
Any time IBM preaches manners (e.g. CoC) to the community remember that IBM works closely with and flatters the dictator
XBox is Practically 'Dead Man Walking' at This Point
writings on the wall
They Could Never Kill the Ideas of Richard Stallman (RMS), But They Are Still Trying
Killing an idea is harder than killing a person and killing a person is illegal
Only Germany Objected to Salary Adjustment (Reduction) Procedure of "Team Campinos"
"flash report on the Administrative Council of 30 June and 1 July 2026"
A "Never Slop" Policy in Quibble
"every change in the repository must be made by a human"
Series on GNU/Linux in Japan
This series can last a week or longer
75% of All the Patents Last Year Were Software
The corporate media has more or less ceased to discuss this matter
At Microsoft "the Morale of Developers is at an All-time Low"
Numerous reports today say that after at least 5 studios got marked for shutdown (mothballing) by Microsoft there are rumours about Obsidian as well
Links 05/07/2026: Data Breaches, Heat Waves, and Weinstein Rape Conviction Upheld
Links for the day
Confidentiality at Risk With Slop 'Coding'
People who continue to cheer for slop aren't just misguided fanbis and fangurls
False Narratives of Slop "Efficiency" as Debt Climbs
false stories about slop
July 8 as "D-Day" for Microsoft, Mass Layoffs Planned
Microsoft's grip on the market has slipped for a long time
GNU/Linux Leaps to 6% in Thailand
Can we expect 10% by year's end?
SLAPP Censorship - Part 128 Out of 200: Making Laws Work for Britain, Not Oversensitive Americans Looking for 'Revenge' by Lawfare
The SLAPPs are intended to protect corporations (employers like Microsoft)
EC Looking for Input on Digital Networks Act Until Next Month
New initiative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 04, 2026
IRC logs for Saturday, July 04, 2026
Gemini Links 05/07/2026: Ragebaited and Removing Lines in Emacs
Links for the day
Links 05/07/2026: "Tesla Slams Into Crowded Cafe" and "ChatGPT [Turned] Into a Sociopath"
Links for the day