11.24.15

New Heise Article Makes It Clear That ‘Nazi’-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

Posted in Europe, Patents at 3:38 am by Dr. Roy Schestowitz

Emile Zola's article
Context

Summary: The personal attacks on a judge who was illegally suspended (a so-called ‘house ban’) increasingly look like the management’s own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

READERS are advised to recall that the EPO’s media strategy right now is to frame its dissenting staff as armed and violent Nazis or Jihadists. It’s a pretext for attacking such staff, denying staff the right to free speech. Yesterday we published 7 articles about the EPO’s many abuses. In the 7th article we mentioned this new article from Heise journalist Stefan Krempl, whose previous article had a translation of (translation into English, as posted here). This time too we have a quick translation (approximately 12 hours after publication). Here it is:

European Patent Office throws out union leaders

heise online

23.11.2015 18:33 Stefan Krempl

The European Patent Office opened disciplinary proceedings against three trade unionists and suspended them. They are accused of having unlawfully counseled employees and to have blabbered too much.

“They are accused of having unlawfully counseled employees and to have blabbered too much.”The domestic bliss at the European Patent Office (EPO) in Munich remains troubled. The newest unrest is mainly caused by the agency’s harsh treatment of three leading representatives of the institution’s international trade union (SUEPO): the chairwoman of the staff representation, Elizabeth Hardon, her predecessor, as well as the treasurer have been ordered to stay away from work since last week. The EPO opened disciplinary proceedings against them and suspended them as well. They are threatened with a swift dismissal.

The unionists are accused among other things of having unlawfully counseled fellow employees as well as a recently suspended patent judge, in addition to having threatened or bullied other union members, and to have informed third parties of the ongoing internal investigations against them. An EPO-spokesman confirmed the procedure to the Münchner Merkur and the Juve professional information service.

Confidential information betrayed?

“A labour law expert having knowledge of the case declared to “Juve” that in view of the latest escalation, the legal protection of the concerned parties was reduced to a joke.”Hardon had already been threatened last September with legal measures. She was most notably inculpated of having divulged that she had been summoned before the office’s relatively recent “Investigation Unit”. Through her lawyer, the unionist had resolutely rejected the accusations in a letter to the EPO Administrative Council. The matter at stake was allegedly a single sentence in a private and confidential discussion amongst the Staff Representation, as a part of an “opinion finding process”.

“Even if the disciplinary commission were to clear Hardon and her comrades of any wrongdoings, the president of the EPO wouldn’t be bound by its conclusions and nevertheless dismiss or otherwise sanction them.”A labour law expert having knowledge of the case declared to “Juve” that in view of the latest escalation, the legal protection of the concerned parties was reduced to a joke. Even if the disciplinary commission were to clear Hardon and her comrades of any wrongdoings, the president of the EPO wouldn’t be bound by its conclusions and nevertheless dismiss or otherwise sanction them. Only at that point would the concerned parties be able to involve the International Labor Organisation’s Administrative Tribunal. But many years could pass until a final decision is pronounced, and no one can verify whether the judgement is implemented.

The Patent Office’s “Sun King”

“The Frenchman has been accused for quite a while of running the institution as if he were the Sun King.”According to some reports, about 2000 EPO-employees spontaneously gathered for a demo before the Munich seat of the organisation, which has around 7000 employees in several locations. The demonstrators’ anger was particularly directed against the organisation’s chief Benoît Battistelli. The Frenchman has been accused for quite a while of running the institution as if he were the Sun King. Even though there were strikes and demos protesting against the working conditions within the EPO before Battistelli’s time, the protest have been markedly exacerbated since his 2010 inauguration as president.

“It stated that the accusations against the jurist were insufficiently substantiated.”The EPO’s Enlarged Board of Appeals meanwhile rejected a request of the Administrative Council for removing a patent judge from his office, who had been the target of an other disciplinary procedure, in addition to having been counseled by Hardon. This emerged from the decision which the IPKat blog published. It stated that the accusations against the jurist were insufficiently substantiated. This raised the suspicion that the real intent was to get rid of a “bothersome judge”. The Administrative Council nevertheless initiated around mid-October a procedure for removing him from office. The highest instance of the judicial branch of the administration will have to deal with this affair anew.

“This raised the suspicion that the real intent was to get rid of a “bothersome judge”.”The Administrative council, which is composed of the representatives of the 38 member states of the European Patent Organisation (EPOrg), is the supervisory instance of the administration. It has supported Battistelli up to now. The EPO as an international administration is not subject to the law of any particular country, and thus frequently floats in a difficult to control gray area. (axk)

There is a link inside the article to the letter from Hardon, who complains about institutional harassment by "Sun King" and his team. It’s a link to Techrights. Unfortunately, the flow of information inside the EPO is greatly impeded by such institutional harassment. As one person put it, “the fact that no one dared to forward [material] in electronic form to the staff representation speaks volumes about the atmosphere of fear of retaliation that currently prevails in the Office, and the total lack of trust of staff in any meaningful form of data protection in the Office” (the EPO just arrogantly ignores European laws).

“The president stated several times that the opponents to his plans are just a few disgruntled examiners,” as this person points out, yet this president is attacking every employee. “I see that the techrights.org webserver is unresponsive,” wrote another person last night. “Could it be under suffering for its unfavourable coverage of the ongoing EPO hoohah?”

“I see that the techrights.org webserver is unresponsive. Could it be under suffering for its unfavourable coverage of the ongoing EPO hoohah?”
      –Anonymous
“What is the opposite of a “media partner”, by the way? Whatever it is, maybe the EPO has decided that techrights.org is one, deserving of special treatment.”

Actually, a massive surge in the number of cracking attempts to about 5 per second is partly to blame for accessibility or uptime issues. We don’t know who’s being such frequent attacks; we can only hypothetise. There is another new comment there, which says: “In his letter to the French representative Pierre-Yves le Borgn’, President Battistelli wrote that it was easy to prove that the interrogations of staff representatives were not violent because they were recorded. In order to prove this to be correct these recordings should be made available to the addressee by the EPO, a public institution that pretends to be more and more transparent. In fact staff are banned from the EPO premises if they make public that they were submitted to interrogation.

“The “conspirators” are not guilty of any wrongdoing either and Battistelli wilfully misled to the representative, the AC and the general public.”
      –Anonymous
“Mr Battistelli further stated that there was an intense defamation campaign originated by a member of DG3 who was guilty, according to BB, of conspiracy against the EPO. Said member, according to BB, stored weapons (!) and nazi propaganda in his office and wrote racist letters. Battistelli, when he wrote this letter on 20.11.2015 was aware of the EBoA decision Art 23 1/15, which concluded that there was no convincing evidence whatsoever in this respect. Said DG3 member is thus innocent and Lord Schiemmann has been proven to be wrong.”

“The “conspirators” are not guilty of any wrongdoing either and Battistelli wilfully misled to the representative, the AC and the general public.

“Further, Battistelli said that EPO staff wants to block the community patent, which is a mere allegation, he has not permitted staff expression on this subject nor on any other and there is no “rich and respectful social dialogue” either.

“Further, Battistelli said that EPO staff wants to block the community patent, which is a mere allegation, he has not permitted staff expression on this subject nor on any other and there is no “rich and respectful social dialogue” either.”
      –Anonymous
“Just to put it straight, there are, according to public EPO reports, 6000 candidates for examiner posts at the EPO in 2015, not 20.000. Productivity has increased mainly thanks to window dressing (ECfS).

“Thank you Mr. Le Borgn’.”

We are still hoping to publish a translation (from French to English) of the EPO’s puff pieces in its “media partner” — the same pieces which Battistelli is so eager to pass around to people like Pierre-Yves.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2015/11/24/new-heise-article-makes-it-clear-that-nazi-themed-accusations-against-the-suspended-board-judge-were-insufficiently-substantiated/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 14/4/2021: EasyOS Dunfell 2.7, Tor Browser 10.5a14

    Links for the day



  2. EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

    A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistell.



  3. Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

    The EPO’s attack on workers and pensioners isn’t going ahead without challenge; while the “Mafia” (what EPO workers call the management) loots the organisation it takes away money from the workers — i.e. from besieged folks who do all the work and face growing workloads during a pandemic



  4. Who is Richard Stallman?

    Reproduced with permission



  5. IRC Proceedings: Tuesday, April 13, 2021

    IRC logs for Tuesday, April 13, 2021



  6. Links 13/4/2021: FreeBSD 13.0 Final, Slackware 15.0 GNU/Linux Beta Release and OpenMandriva Lx 4.3 Plans

    Links for the day



  7. IBM Stroking the Masters

    IBM continues to diminish its weakly-supported thesis about the word “Master” being inadequate in all contexts and IBM’s front group, the Linux Foundation, has just promoted more of that same self-serving agenda in the corporate media (screenshot below from 5 minutes ago)



  8. The 'Stallman Support' Web Site and How You Can Support Truth, Not Just Software Freedom

    The Stallman Support Dot Org Web site (stallmansupport.org, "In Support of Richard Stallman“), endorsed by Stallman himself, sets the record straight while the corporate media keeps peddling lies and distortions



  9. An Examination of Correspondence Between the Tweedledum-Tweedledee Duo, Lutz and Ernst

    A quick look at the letters and E-mails sent back and forth from the current VP5 and former VP5 of the EPO, Europe’s second-largest institution that the German government has let exist outside the rule/reach of any law



  10. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

    How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst



  11. How the GNU Operating System Really Started (Almost a Decade Before Linux Came Out)

    Later this year Linux turns 30, but Linux is just a component added to the GNU Operating System, developed a very long time earlier based on the design of UNIX (the mainstream media likes to distort that part of history); here’s the creator of the GNU Operating System, telling me his story here in the United Kingdom (we did many clips like these and this one seems very timely)



  12. Richard Stallman: The Other Things I Have to Say I Put on Stallman.org... Reject the Idea That You Have to Accept Something Like Facebook

    Transcript below



  13. An Ode to Dr. Ernst

    THE BUDGET is right...



  14. During Pandemic, With Rising Inflation, Corrupt EPO Management With Its 'Shadow Budget' Cracks Down on Education and Childcare Allowance

    While hoarding and misusing money (by basically granting lots of patents that ought not be granted) the management of the EPO hides it aside, then proceeds to crushing salaries and benefits of staff, even pensioners



  15. IRC Proceedings: Monday, April 12, 2021

    IRC logs for Monday, April 12, 2021



  16. In Support of Richard Stallman Normalizing Truth, Reason, Dialogue: Introduction

    Reproduced with permission.



  17. Lunduke: Stallman & The FSF Respond To The Mob!

    A video response in support of RMS



  18. Links 12/4/2021: RSS Guard 3.9.2 and IBM-Funded Hacks Keep Attacking RMS

    Links for the day



  19. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks

    Dr. Ernst and Raimund Lutz colluded to protect EPO management from a much-needed investigation; Ernst has since then been rewarded with a do-nothing job by António Campinos



  20. EPO President Campinos Lying to JURI

    Benjamin Henrion recorded today's hearing and uploaded it. “Campinos,” according to him, claims that (to paraphrase) “London [is] irrelevant to get UPCA running” (that’s very obviously a lie), so what we have here is António Campinos lying on behalf of the entire EPO, just as Benoît Battistelli did. Campinos has decided to “have fun,” we’ve been told, speaking of UPCA “upper law” (which is meaningless junk) at around 51:00. He clearly didn’t come prepared and he mumbles a lot. What awful leadership for what was supposed to be the best of Europe’s science…



  21. Supporting RMS With a Meme!

    As the saying goes, a picture is worth a thousand words.



  22. If You Want to Support a Real Community...

    We’ve just mentioned the fake 'community' of openSUSE and now it’s time to examine what Fedora has truly become under IBM



  23. OpenSUSE Hates Your Freedom, But It Loves the Proprietary Software Reseller That Is the True 'Master' of OpenSUSE

    OpenSUSE is inclusive of Microsoft and other companies that attack human rights and [cref 141916 enable nationalists]; but apparently what bothers OpenSUSE very, very much is the people who started the operating system SUSE is selling



  24. Links 12/4/2021: Lagrange 1.3.2, Linux 5.12 RC7

    Links for the day



  25. IRC Proceedings: Sunday, April 11, 2021

    IRC logs for Sunday, April 11, 2021



  26. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

    The Benoît Battistelli-António Campinos shuffle left some people in the EPO’s upper management better off; they’re being rewarded for complicity, so there’s no incentive to do the right thing but to do the wrong thing



  27. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  28. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  29. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?



  30. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…

    Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts