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12.17.15

Administrative Council Does Not Crush the Boards But Does Crush the Unions (Suspension Duration Sextupled)

Posted in Europe, Patents at 4:52 pm by Dr. Roy Schestowitz

Punishment for union leaders (or whistleblowers) virtually multiplied sixfold in spite of the publicised scandals and reaffirmation of EPO abuses

sextuple

Summary: The latest word regarding the Chairman of the Administrative Council, Benoît Battistelli’s EPO, and those whom they are attacking for not being 100% obedient workers (to their controversial masters)

“Today and tomorrow,” one person wrote last night, “the AC [Administrative Council meeting] is taking place in Munich.” That refers to yesterday and today.

In reference to yesterday’s outcome we learned that: “Clearly to believe that the problem is solved would be misplaced at this stage. However, in the light of this remarkable turn of event “cautious optimism” is justified (“verhaltene Op mismus” as the Germans put it): after the French and the Dutch, now it seems that the German Institutions are finally taking some interest on what is happening in the EPO, a key European Institution they are hosting on their soil.”

“As a direct feedback from the AC,” wrote this person, one can assume “already that the three delegations in the AC have already disturbed the traditional round of congratulations and compliments accompanying the President’s annual report:

  • To paraphrase Mr. Ernst, the Head of the German delegation (to the best of my knowledge): “The president reports positive developments. I do not
    share this view.[...] The president has spoken 40 minutes, of which only 2 minutes on the social situation.”
  • To paraphrase the French delegate: “The social Climate is not conducive to maintain performance.”
  • Or the Dutch: “We do not understand why the Office is fighting the Union and has suspended Union officials. We simply do not understand this. We
    encourage all social partners to take a more moderate stance.”

“The AC President [probably meant Chairman] summarised the first round as follows: “The Council expressed concerns about the social situation in the Office.”

“One can only hope that these polite expression of concern will soon evolve into concrete actions.”

This was about the first day. It didn’t have much to do with the unions. “At the end of the AC,” remarked this person, “we will let you know if such things will have happened… Don’t hold your breath though.”

Well, we didn’t expect things to get any better given the history of Kongstad as the Chairman and his apathetic-at-best attitude towards the unions (including as of late).

Looking at some comments at IP Kat this evening, the following stand out a bit because there is information there about the second day of the AC meeting. One comment says:

Folks,

let’s celebrate today’s outcome of the AC.

Battistelli lost several battles – he wanted to take off the DG3 paper – but was informed by the Chairman that this paper was approved on the agenda by the AC, and that it was not in his powers to withdraw it.

Then the Swiss made some “administrative” remarks. They all were very clear that the President overstepped his powers to make such proposals. The reform of DG3 will not be a matter to be proposed by the President, but the AC will have to do it on his own.

The tax adjustment proposal was dismissed.

When praising his own work in the report of activities, the German delegation interrupted him. They told him that the report was 95% on technical matters and only 5% on social matters. They expected something else. The proposal for a social study was dismissed, again the AC takes this task on his own.

The President told the AC what majority they need if they want to get rid of him – if you ask for it?

I saw many smiling faces today at the EPO, some even were sipping champaign.

A later comment says something without providing substantial proof, so we can only take that at face value:

Merpel was right about the AC saving the BoA but unfortunately the AC approved BB´s proposal of a 2-year suspension (from 4 months). Very disappointing …

It seems probably.

There is still no reprieve or redemption for the unionists or the suspended judge:

Indeed, encouraging news, but still too early for a celebration.

BB seems to cling on. Even if he would leave early, his team will remain.

And at least 4 wistleblowers [sic] are suspended. They’ll either loose their job or get a 50% salary cut.

In our next post we are going to share some documents that relate to it.

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