EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.11.16

The Article Which Reinforces Rumours About Christoph Ernst Replacing President Battistelli at the EPO

Posted in Europe, Patents, Rumour at 10:07 am by Dr. Roy Schestowitz

News from Munich…

Munich tower

Summary: A somewhat belated translation of an important recent article from Süddeutsche Zeitung

THE EPO coverage will resume tonight (there’s much more on the way), but in the mean time, as we have just noticed a translation of this article over at SUEPO’s site, here is the English version [PDF] with bits highlighted:

2 March 2016, 19:01

Front Lines Hardening: A Public Authority Teetering on the Brink

Header

Strife at the European Patent Office between President and staff veering more and more out of control

By Katja Riedel

According to the announcement on Wednesday by Benoît Battistelli, President of the European Patent Office (EPO), it is supposed to be an “agreement that truly breaks new ground”. For the first time in the history of the international organization, the word is that a staff union is now being recognized as a social partner, and social peace with the workforce, which up to now has been decidedly hostile, accordingly appears to be just around the corner. However, the Office has chosen to overlook one minor detail: The union with which Battistelli has signed the memorandum of understanding is called FFPE, and, in the world of the EPO, with a workforce more than 7,000 strong, that union so far boasts less than 100 members. And at the Office headquarters in Munich, where some 4,000 people work, and a war has been raging for three years between staff representatives and the President, there is not one single FFPE member. The social dialogue accordingly resembles more of a monologue.

The fact is that in the patent world, which is all but closed to outsiders, another staff union is deeply rooted. This is called Suepo, and it represents about half of the personnel. For decades Suepo was very powerful, and what it said really counted. That is, until Battistelli came, and, on orders from the 38 Member States which had elected him, set about shaping the Office towards greater efficiency. Since then both sides have been engaged in a bitter power struggle, but with unfair resources. The President has far-reaching powers, and he is not afraid to use them, liberally, which has ultimately led from escalation to escalation. For three long years Suepo has been protesting, not just internally, against Battistelli and what they see as his excessive authoritarianism, against reforms which restrict the fundamental rights of staff members, and against Battistelli’s extremely high-handed and heavily centralized management style.

For everyone to see, staff members have marched in their thousands through Munich and to the consulates, seeking to push the Member States into at least debating Battistelli’s reforms with him. But the only body which can give orders to Battistelli has long shown itself to side with the President, and has been gentle in its admonishments, even extending his term of office during the dispute and before the expiry date, until 2018. But now it looks as if Battistelli has overstepped the mark. Since last autumn he has been hitting back hard, suspending a patent judge, who in fact, given the power structure, does not actually come under his jurisdiction at all, which has caused a considerable stir in the various governing bodies as well as on the patent scene in general. According to the findings of an internal investigation unit, the man is supposed to have used more than 20 aliases to conduct a campaign of defamation against the President and other leading executives, and thereby created major upset within the Office. The man disputes the accusations. At the beginning of the year, Battistelli then dismissed Suepo chief executive Elizabeth Hardon, due to alleged bullying and complicity with the judge. Two other members of the Suepo governing body went with her.

Currently doing the rounds in the Office is a letter from the head of the Administrative Council, Jesper Kongstad, a Dane, who once had his eyes on the Presidency. Since then, he has been a Battistelli man – or, more precisely, he was. Kongstad has indicated, on behalf of 28 Member States, that there was something of a showdown with the President within the close management circle at two meetings in February. The main issue appears to have been the social conflict within the Office. In particular, the governing body wanted to discuss the case of the dismissed union members with him. Regrettably, it seems that it was impossible to engage the President in a meaningful dialogue, according to Kongstad’s letter. During the meeting he apparently rejected the requests out of hand, because the Member States were trying to undermine his authority. These attempts included the disciplinary issues as well as allowing the work of the controversial investigation unit to be vetted by an outside source. Battistelli appears to have then left the meeting.

Header

According to some newspapers, such as the Dutch De Telegraaf, the word was that Battistelli had envisaged stepping down, and was negotiating a golden handshake of 18 million Euro. “Utter rubbish” was the response from the circle around the President, and things appear to have calmed down again. Battistelli is said to be prepared to compromise on four out of six issues, but significantly not with regard to disciplinary procedures and external monitoring – the key points. Suepo are accused of stirring up the conflict alone, in order to secure their own survival. The union apparently refused to have further dealings with Battistelli due to the dismissals, nor were they prepared to enter into any agreement which would de facto have caused them to forego further influence.

How things turn out for the Office, for Battistelli, and for social peace, could well be decided in mid-March. Specifically, the demands from the Administrative Council will be high on the formal agenda at the next meeting of its full body. A straightforward majority of 38 votes could then force the President to implement the demands. Should he not do so, the Administrative Council could then, at the next meeting in June, call for him to step down, which would require three-quarters of the votes. The name of a possible successor for the top job is in fact already being bandied about, that of the German member of the Administrative Council, Christoph Ernst, from the Federal Ministry of Justice. Word has it that Battistelli considers that not even to be an option. He is in the best of moods – so it is said.

There is something rather strange (infighting perhaps) going on at Süddeutsche Zeitung, but we’re likely to cover this some time in the future when there’s more clarity on the matter.

Over the weekend we plan to work on making local copies of the TV program which covered the EPO scandals earlier this month (making a wave in Germany and changing public opinion). The EPO’s high-level management is evidently desperate to make it go away, to no longer be accessible online (this has already happened) and gradually be forgotten.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. The Quality of Patents is Connected to the Quality of Life of Patent Examiners

    EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms



  2. American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

    Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)



  3. Links 25/4/2019: Rancher Labs Releases Slim OS, OpenBSD 6.5 is Ready

    Links for the day



  4. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  5. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  6. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  7. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  8. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  9. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  10. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  11. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  12. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  13. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  14. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  15. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  16. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  17. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  18. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  19. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  20. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  21. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  22. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  23. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  24. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  25. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  26. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  27. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  28. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  29. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  30. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts