02.27.17

Top Officials in French Government Are Growing Tired of Battistelli’s Abuses at the European Patent Office (EPO)

Posted in Europe, Patents at 8:18 am by Dr. Roy Schestowitz

Not the first time Axelle Lemaire speaks out against Battistelli, even in his own media-shaping events (see below, from 2015)


Summary: An automated translation of a recent debate about the EPO in the French government, culminating in intervention by Richard Yung

IT IS no secret that many politicians, including several French ones, have grown tired of the EPO‘s management, which they view as a disgrace/liability to France that damages the country’s image.

The other day Mr. Yung spoke about it and then wrote about, but soon afterwards he removed his blog post, whereupon we contacted Yung and asked for the reason. Well, he has just posted this augmented piece (same thing again, but this time with text rather than video).

The automated translation reveals involvement also from Axelle Lemaire, who spoke about the issues as far back as 2 years ago. We could use a proper French translations from a native (mother’s tongue) speaker; that would be appreciated. Maybe SUEPO will do this soon, as it noticed the removal of the previous post and took note of the revision earlier today. It looks like, just in case, it also made a copy of the text in French [PDF]. We prefer not to comment on automated translations as these are not reliable and can sometimes propagate confusion (due to subtleties that machines cannot capture). Here is how Google translated the whole thing (unmodified and uncorrected)

Oral question on the deterioration of the social climate in the EPO: reply from the Government

Written by Richard Yung Tuesday, 21 February 2017 00:00

On 21 February I asked the Government about the deterioration of the social climate in the European Patent Office (EPO) .

Below, you will find the text and The video of my speech and the response of the Secretary of State for Digital and Innovation , Axelle Lemaire.

The Chairman . I call Mr Richard Yung, the author of Question No 1578 to the Minister for Economic Affairs and Finance.

Mr. Richard Yung . My unfortunately recurrent question concerns the deterioration of the social climate in the European Patent Office, the EPO.
Since 2010, the measures implemented by the EPO management have led to a reduction in the fundamental rights of the staff: I am thinking in particular of limiting the right to strike, calling into question freedom of association or Right to collective bargaining.
It appears that the EPO is the organization most often challenged before the Administrative Tribunal of the International Labor Organization, which is called upon to rule on staff disputes in international organizations.
In a judgment of 2015, the Hague Court of Appeal found several measures taken by the EPO management illegal. The latter appealed to the Court of Cassation, claiming immunity from execution, which was in fact enjoyed by international organizations.
Since the beginning of 2016, several sanctions have been imposed on union representatives: three lay-offs and one demotion. In addition, investigations and disciplinary proceedings are under way.
In a resolution adopted on 16 March 2016, the EPO’s Governing Board, which is its highest authority, calls on the President of the Office, inter alia, to “ensure that disciplinary sanctions and procedures are not only fair but Considered to be strong, and to consider the possibility of appealing to an external review, arbitration or mediation body “.
This resolution was ignored by the management of the EPO, who was content to organize a “Potemkin” social conference, one might say.
The Bavarian Parliament has recently debated and debated the matter, although the immunity from jurisdiction and enforcement enjoyed by the EPO makes it difficult for States to take action.
The proper functioning of the EPO is one of the prerequisites for the success of the European patent, which is proven, and for the implementation of the future unitary patent. I therefore ask the Government what solutions it proposes to propose, in particular through the French delegation to the EPO’s Board of Directors, in order to encourage the resumption of social dialogue and the emergence of a new mode of governance, As well as the review of sanctions.

The Chairman . I call the Secretary of State.

Ms Axelle Lemaire , Secretary of State to the Minister of Economy and Finance, in charge of digital and innovation. The European Patent Office, created by the European Patent Convention of 5 October 1973, is an intergovernmental organization that has been operational since 1977. It employs nearly 7,000 agents from thirty different countries. Its Management Board, which brings together representatives of thirty-eight Member States, has decided to reform the EPO staff regulations in order to ensure its long-term financial viability.
This reform, which covers the entire social framework – pensions, remuneration, social benefits, etc. – must be implemented in consultation with the staff representatives. This is the beginning of the story …
In February 2015, the Hague Court of Appeal questioned certain decisions taken internally at the EPO. The Office appealed to the Supreme Court of the Netherlands, which in a decision of 20 January 2017 annulled the judgments of the courts of The Hague and confirmed the jurisdictional immunity of the Office.
In March 2016, France supported the initiative taken by the EPO’s Board of Directors, which voted a resolution to underline the urgent need to resolve the social problem that is causing this organization.
The resolution, which was adopted nearly a year ago, provided for the implementation of a social audit, the presentation to the Board of Directors of changes in staff regulations and the suspension of disciplinary proceedings.
What about today ?
The objective, independent study carried out by PricewaterhouseCoopers, presented in October 2016, highlights the deterioration of the social climate within the Office. This degradation undermines the image of the organization; It is also harmful, indirectly, but certainly, in the image of France abroad and within international organizations, despite the very favorable remuneration of agents compared to other international organizations.
This study recommends ways to improve existing disciplinary procedures.
The March 2016 resolution provided for the Board of Directors to review the status of EPO staff in order to change the guidelines on internal investigations and disciplinary procedures. The French representatives on the board of directors will be very careful to ensure that this revision is conducive to appeasement of social dialogue within the institution. Indeed, that is what is at stake.
No less than five ministers have joined forces with parliamentarians to explain these issues: Emmanuel Macron, Michel Sapin, Christophe Sirugue, myself, and also the Minister for Foreign Affairs, Jean-Marc Ayrault. We have been deeply involved in ensuring that decisions taken at the EPO’s boards of directors are in line with the rules and jurisprudence of international law.
The secretary of state for industry, Christophe Sirugue, who has had several exchanges with EPO management, continues to be fully mobilized to reaffirm France’s determination to see an unacceptable social situation standardized.
This standardization is essential to create the conditions for greater efficiency of the EPO in the context of the implementation of the European patent with unitary effect, which should enable Europe to distinguish itself in terms of intellectual property And industry in the world of innovation.

The Chairman . I call Mr Richard Yung.

Mr. Richard Yung . Madam Secretary of State, I agree with you that the current situation is detrimental to the staff and affects the motivation of the staff and the Office as a whole. Moreover, it taints the reputation of our country, and I fear that there are still sequels.
While I note the specific action taken by the Government, I see that this is really happening on the EPO’s Board of Directors, which is the determining body. It is here that France must make her voice heard.
Another possibility, provided for by the Munich Convention, would be to convene a Council of Ministers responsible for industrial property. He could discuss a number of issues: the unitary patent, which you have mentioned and which will soon come into force, plant patents, and the management of the EPO’s staff.
That is a proposal I am sending to your sagacity, Madam Secretary of State.

We eagerly wait (or hope) for a human-produced translation of the above.

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

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 Linux Foundation is Trying to Obscure Racism Using Microsoft-Inspired Tactics (Vouchers Disguised as Actual Money)

    The Linux Foundation and its PR stunts don’t help combat racism; one might argue that the Foundation is leveraging racism, which prevails in the US, to paint itself as benevolent and caring (offering immaterial things and self-serving press releases)



  2. InteLeaks – Part XXVII: 'Pulling a Nokia' on Intel (Outsourcing to Microsoft)

    The recommendation of an Intel marriage with Microsoft (even in units that deal mostly with Linux) is an insulting slap across the face of developers employed there; we take a look at recommendations made to IoTG (Intel) by a firm with Microsoft orientation



  3. IRC Proceedings: Thursday, January 21, 2021

    IRC logs for Thursday, January 21, 2021



  4. InteLeaks – Part XXVI: Harbor Research is Horrible 'Research', Lacking Actual Technical Background

    Having looked at the members of staff of Harbor Research (individually), it seems clearer now why they have an affinity for Microsoft and why they're directing Intel to liaise with Microsoft and become a prisoner of Microsoft (even in areas where Microsoft is increasingly irrelevant)



  5. Links 21/1/2021: Raspberry Pi Pico, Ubuntu 21.04 Picks GNOME 3.38, KDE Plasma 5.21 Beta

    Links for the day



  6. How a Newly Inaugurated President Biden Can Advance Software Freedom (If He Actually Wishes to Do So)

    Techrights has 'Four Suggestions' to President Biden, the 46th 'front end' of American plutocracy



  7. InteLeaks – Part XXV: Intel's Brain Drain Leads to Unusual Measures

    As the company once known as 'chipzilla' loses its relevance and dominance in the market it's reaching out to retired people, trying to get them back onboard



  8. Hey Hi (AI) is Just a Trojan Horse for Illegal Software Patents, According to EPO Management and Litigation Firms It's in Bed With

    The longtime pushers or the lobby of patent profiteers just carry on pushing for software patents, nowadays latching onto the inane and unwarranted media hype around Hey Hi (AI) — a hype wave that was co-opted by EPO management to grant unlawful patents



  9. The Central Staff Representatives (CSC) of the EPO Are Petitioning to End the Assault on EPO Staff

    The EPO, just one month after the staff went on strike, is about to receive a compelling petition to stop the assault on EPO staff



  10. InteLeaks – Part XXIV: Love for Microsoft, Not for Free Software or Whatever Replaces Microsoft

    Intel is basing its big decisions on buzzwords and firms that master buzzwords; it's sad that instead of listening to Intel's own (in-house) engineers it's relying on a bunch of clowns who push 'Clown Computing' and 'apps' and 'UX'...



  11. IRC Proceedings: Wednesday, January 20, 2021

    IRC logs for Wednesday, January 20, 2021



  12. Links 21/1/2021: Google Tightens the Screws on Chromium, VideoLAN VLC 3.0.12

    Links for the day



  13. IBM Panics and Resorts to 'Customer Retention' Tactics With Red Hat Enterprise Linux (RHEL)

    IBM 'frees' RHEL but with limitations that can restrict growth of small companies (or subject them to financial barriers, originally unforeseen)



  14. Recent Techrights Articles About President Joe Biden

    Instead of writing yet more stuff about the latest US president, let's look back at what we wrote in recent weeks/months



  15. Links 20/1/2021: LibreOffice 7.1 RC2 and the RHEL Contingency

    Links for the day



  16. InteLeaks – Part XXIII: Intel Paying for Bogus 'Research' 'Insights' Which Merely Seek to Justify Outsourcing to Microsoft and Imposing Microsoft's Proprietary Software on Free Software Developers

    Intel's preference for Microsoft monopoly (an imposed/top-down decision) was seemingly certified by so-called 'consultants' and 'analysts' from the outside rather than the inside, basically manufacturing a false perception of consent after managers had already made up their minds



  17. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part V: How FSF Secrecy Ended Up Insulting People, Alienating Trans Developers

    Having just uploaded this introductory video, we delve into the backstory or the real reason the FSF sank into somewhat of a crisis with the trans community almost half a decade ago



  18. InteLeaks – Part XXII: Bubbles and Buzzwords, No Substance at Intel's Internet of Things (IoT) Group (IOTG)

    The video above is continuation of the previous part about a document full of superficial buzzwords (not technical jargon anywhere), in effect recommending to managers that they blindly follow trends and cargo cults (such as Clown Computing) and not what’s most suitable for technical excellence



  19. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



  20. Links 20/1/2021: WireGuard for pfSense and New US President

    Links for the day



  21. Links 19/1/2021: Krita 4.4.2 Released and JingOS Hype

    Links for the day



  22. Team UPC Keeps Pretending That UPCA Can Still be Resurrected (Even Without the UK, Which is Strictly a Requirement)

    The latest distortion of facts regarding the Unified Patent Court (UPC) Agreement (UPCA) as seen from the lens of people who seek to profit from such distortion



  23. 'Ethical Source' is Not Ethical and Not a Movement But a Misguided Self-Serving PR Stunt

    Something which is neither enforceable nor ethical is being promoted by profoundly unethical media in the pockets of large corporations



  24. InteLeaks – Part XXI: Intel Seeking Advice From a Bunch of Clowns (Harbor 'Research')

    A firm called Harbor 'Research' is making dubious recommendations to Intel; as shown in the above video, there's also an obsession with buzzwords (typically suggestive of a lack of technical grasp/understanding)



  25. IRC Proceedings: Monday, January 18, 2021

    IRC logs for Monday, January 18, 2021



  26. The US Election Was Not Rigged, But the Nomination Process Was (Undermined to Maintain Control by Oligarchy)

    Cheating/driving the left out of the Democratic Party seems like a longstanding tradition and we know who stands to gain from it; moreover, problems remain in the voting process because it's controlled by secret code of companies like Microsoft (in spite of the openwashing)



  27. InteLeaks – Part XX: Redacted (for Names Only) Release of Intel File About Developer eXperience (DX) Meddling in GNU/Linux

    Today (or tonight) we release the first 'phase' of InteLeaks in a sensibly redacted form; coming up next is a surprise from Team Microsoft



  28. Sites in Bed With the EPO and UPC 'Covering' the 'News' Without Mentioning Any of the Overt Abuses

    It is rather sad that blogs like IP Kat have turned into proponents of abusive EPO management and Team UPC increasingly resorts to lying using pseudonyms (to avert criticism and accountability); much of the rebuttal or response that’s hinged on reality/facts can only be found in comments, which are still subjected to a face-saving moderation process (conducted by Team UPC)



  29. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part IV: Stories From the Depths of the Free Software Foundation (FSF)

    To reduce or alleviate suspicions and a potential of mistrust the FSF needs to become more transparent and liberate information (such as the real reason Bradley Kuhn left, as noted in the previous part)



  30. Links 18/1/2021: GNU Radio 3.9, Wikipedia at 20

    Links for the day


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