Bonum Certa Men Certa

German Press Explains EPO Investigation Unit (I.U.), Struggles to Openly Speak to the Secretive EPO

Summary: The secretive Investigation/Investigative Unit (I.U.) of the European Patent Office (EPO) is further studied/explored by a recent article from junge Welt, an old and well-established German newspaper (since 1947)

THE EPO-centric coverage at Techrights is going to become more frequent and intensify because the more the EPO's management cracks down on dissent (even very legitimate dissent), the more passionate its critics will become. On the face of it, more and more critics come out of nowhere now, even in the media (newspapers, radio, and television). The EPO has become the poster child of European institutions going rogue. The abuse happens on many levels and later today (probably this evening) we will write about EPO abuses that relate not just to (mis)treatment of staff. There are far broader issues at hand and these issues mean that today's EPO does a huge disservice to European citizens, usually at the behest of very large corporations (many of which are not even European).



"The EPO has become the poster child of European institutions going rogue."SUEPO has shared another set of translations [PDF] of an article from junge Welt, titled "Juristisches Niemandsland" (we are from now on making local copies of documents, having seen the EPO using threats to remove critical material and muzzle critical voices).

As SUEPO puts it, "junge Welt gives on overview of the current climate at the EPO and the repressive reforms put in place by Mr Battistelli: "Employees have a fake sense of security. Protestors are being spied on and prosecuted." The article reports on the work of the Investigative Unit: "covert surveillance of public or semi-public computers, no right to remain silent and no right to a legal counsel during interrogations".

"A member of the Boards of Appeal was suspended over allegations of defamation. Staff representatives and/or union executives are subject to investigations by Control Risks and, among them, Elizabeth Hardon, SUEPO Chair. Freedom of expression and of association are under severe attack and the discussions on union recognition are just a sham and a marketing trick. The Dutch Court of Appeal ruled in favour of the union, but Mr Battistelli refused to recognise the Court. And so it goes, in the legal no man's land."

In the interests of gathering information in one place for later analysis and cross-referencing, here is the English translation of the entire article:

English translation

From: Edition of 18.09.2015, page 5 / Home News

Legal No-man’s Land



At the European Patent Office, labour and employee rights have literally been suspended. Anyone who tries to fight back gets snooped on and targeted

By Ralf Wurzbacher

EPO HQ

Regular panic on the Titanic?
At the European Patent Office in Munich the Boss looks after everything.
It’s a fiefdom.
Photo: Andreas Gebert/dpa - Bildfunk



The staff at the European Patent Office (EPO) based in Munich have their own union – or somehow they don’t. If you call SUEPO, someone says “I can’t talk to you.” That needs permission from the senior management, or, more precisely from the Boss. That’s Benoît Battistelli, a.k.a. “the Sun King” or the “Dictator”, who rules over a mini-police state. Even the attempt at contact by junge Welt seems not to have met with the approval of his apparatchiks. Conversely, it is known for certain that at the end of last year two publicly- accessible computers were bugged with spyware and cameras for weeks, so as to catch an uppity staff member in the act.

It worked. The perpetrator was caught red-fingered and promptly thrown out. The patent judge in question, as a member of the EPO Board of Appeal, is said to have spread defamatory messages about the President of the Office and other managers. But the guilty party is only one of the critics – and there are a lot of them. When Battistelli took office five years ago the mood among the staff started to get steadily worse, and has now broken out into public protest. Employees from Munich and the office at The Hague in the Netherlands have taken to the streets a number of times to protest the iron-rod rule of their French boss, most recently at the end of June, in their hundreds from the headquarters in Munich. According to the Münchner Merkur, their demands were unambiguous: “He’s got to go.”

Battistelli arrived in 2010 to make the EU patent organization “more effective” and to generate bigger profits. Part of his “reform” is a performance-based career system, under which people who take time off due to illness gets their salary docked. Anyone who nevertheless dares to feel unwell, according to a report in the online portal Telepolis, must be at home at set times so as to be examined by an EPO-appointed doctor. Discipline and control come before anything. This was why what is known as the Investigation Unit came into being, which looks into accusations against staff members. Like a tribunal, witnesses and accused are heard, but there is no right to remain silent, nor are any attorneys allowed to assist. According to SUEPO, the external investigation company Control Risks has been brought in by the management, and the Dutch press claims that a detective agency has been hired to spy on the staff.

It is no coincidence that trade unionists are particular targets for the “sniffers”, above all SUEPO executive Elizabeth Hardon. She has been threatened with legal action due to the disclosure of “confidential information”, which includes, in the EPO interpretation, the disclosure of her summons before the investigation committee. When it comes to fundamental rights such as freedom of opinion and freedom to gather, Battistelli is having none of it. Word has it that he banned a demonstration with the threat of dire consequences for future careers, and he has also taken it upon himself to dictate how strikes can be conducted and how long they can last. He has in fact never even acknowledged SUEPO as the representative body of the employees. Negotiations along those lines were recently curtailed. Staff members regard the so-called peace talks as eyewash and a nothing more than a marketing trick.

How can this be happening on German soil? As an international authority, the EPO is not subject to the law of the host country although German citizens make up a quarter of the workforce, with some 7,000 employees. The Patent Office is not an EU organization either, because not all of the 38 European participant countries are members of the Community. From the legal point of view, the EPO is practically untouchable, but not politically. Federal Minister of Justice Heiko Maas (SPD) is aware of the blatant contraventions of German labour law, and of the data protection guidelines which apply in this country. At the beginning of April his office let it be known that Germany, on the EPO Administrative Council, along with nine other countries, had abstained in the vote on Battistelli’s reforms. That’s what’s called symbol politics.

Conversely, a court at The Hague disagrees. Judges there have recently suspended the legal immunity of the Patent Office, and issued three demands: The EPO may no longer lay down the rules about labour disputes, the E-mail communications of SUEPO members may no longer be blocked, and the negotiations for union recognition must be resumed. Battistelli took due note and declared that the court does not have jurisdiction. And that’s how easy it is to rule in a legal no-man’s land.


Benoît Battistelli and many of his 'bunker mentality' colleagues come from the country that spreads "right to be forgotten" (Internet censorship), so it might not be long before trying to ban news sites or prevent sites like Techrights from appearing in search results (expanding censorship beyond the EPO's private networks). Stay tuned because we have a lot more coming.

Recent Techrights' Posts

In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
 
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025