Bonum Certa Men Certa

Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

Dr. Angela Merkel



Summary: Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli

THREE days ago we published a copy of the letter to Merkel regarding the EPO scandals. SUEPO has just published an English translation of it. We are reproducing it below with added highlights.



IPSO International and European Public Services Organisation Heinrich-Bingemer-Weg 15 60388 Frankfurt am Main

Office of the Federal Chancellor Federal Chancellor Angela Merkel Federal Minister of Justice Heiko Maas Willy-Brandt-Strasse 1 10557 Berlin

27 February 2017

Rights of the Staff and Staff Representatives at the European Patent Office (EPO)

Dear Federal Chancellor, Dear Minister,

As representatives of the “International and European Public Services Organisation" (IPSO), the staff union recognized by the European Central Bank (ECB) for ECB personnel, we are turning to you to express our extreme concern with regard to the developments at the EPO with its headquarters in Munich, and with regard to its management.

The EPO, with its core task of guaranteeing patent rights, does not itself appear to be in a position any longer to recognize and respect the perfectly valid rights of its staff and their duly appointed representatives.

There are many reports on the matter, in a wide range of media; as well as a documentary (http://www.br.de/br-fernsehen/sendungen/kontrovers/traumjob-albtraum-arbeit-belastung-story-100.html) by Bayerischer Rundfunk (BR) of 21 March 2016, there have been numerous articles in the national and international press (SZ, FAZ, die Welt, Le Monde, Mediapart, Libération, De Volkskrant, NRC, EI Mundo etc.) as well as countless contributions in blogs by specialists in the field of copyright (e.g. IPkat, Juve, WIPR, IAM). Prominent jurists, such as Prof. Dr. Siegfried Bross, have made strenuous appeals to the EPO to embark on a change of course.

Never before has the Management of the EPO been subjected to such a barrage of public criticism as under its current President, Mr. Benoît Battistelli. The reputation of the Office and of its host country have both likewise been tarnished by these events.

A good appreciation of the poisonous atmosphere at work was released by Politico(http://www.politico.eu/article/labor-relations-turn-toxic-in-the-european-patent-office/) in August 2015; since then, the situation has become even worse. In January 2016 Mr. Battistelli dismissed two union representatives and elected staff representatives in Munich. A third was fired on 4 November 2016 at The Hague. In all three cases, it is entirely justifiable to speak of a “witch hunt” and Kafkaesque proceedings, with gross abuses of the most fundamental legal principles for the protection of staff representatives. At the present time two further union and staff representatives are in the firing line. With the aim of de-escalation, in March 2016 the Administrative Council of the EPO approved a Resolution CA/26/16, in which Mr. Battistelli was called upon to review the existing rules and regulations with a view to achieving fair and equitable formulation and implementation. The Council urged Mr. Battistelli that until this had been achieved there should be no further investigations or disciplinary procedures initiated and pursued against members of staff and union representatives – an appeal which Mr. Batistelli has completely ignored.

For decades, Germany has been viewed as a fine example for the world with its well-functioning social model, a model which is based primarily on dialogue and negotiation, and specifically for the avoidance of inflammatory conflicts and power games. It is against this background that we call upon Germany, as an important EU Member State and host country for the EPO, at this time of direst crisis at the EPO since its creation, to take on a clear position in support and defence of the fundamental rights of the staff and their representatives. Sadly, it has been reported to us that the German representative on the Administrative Council of the EPO appears not only to have adopted a passive attitude, but actually to have repeatedly supported initiatives by Mr. Battistelli by providing further powers of authority, even though the existing rules have led to massive abuses on Mr. Battistelli’s part.

We are sure to be of one voice in our conviction that management practices such as fear, isolation, and revenge have no place in a democratic society, and especially not in a European and international institution such as the EPO. All the more important, then, that authoritarian, indeed dictatorial, attitudes, which we are experiencing at the present time at the EPO and from Mr. Battistelli, should not serve as a negative example for other European and international organizations; organizations for which, due to their functional independence, it is often difficult for staff and their representatives to demand their rights and to lay their grievances before the courts.

Mr. Battistelli’s term of office as President of the EPO still runs until 30 June 2018, provided that no successor has been found by then. Our concern is that Mr. Battistelli will leave no stone unturned in seeking to extend his period in office by means of political intrigues. Europe cannot afford such a scenario, particularly not in the current political situation. We therefore cannot stand idly by until Mr. Battistelli voluntarily takes his leave.

Please let us know what measures Germany has taken, and will be taking, to restore the rule of law, including the respecting of the rights of staff and staff representatives at the EPO, a European and international organization of which the Federal Republic of Germany is not only an important member, but also a host country.

With best regards Johannes Priesemann Carlos Bewies Jörn Paulini International and European Public Services Organisation cc: USF, SUEPO


As far as we are aware, Angela Merkel's government has done nothing since. Is passivity a form of complicity?

Recent Techrights' Posts

Reminder: Microsoft's "Secure Boot" Certificate for "Linux" Will be Expired in One Week
Many PCs won't manage to 'rotate' to another certificate
 
Brian Kernighan, "Only Third to Dennis Richie and Ken Thompson" (UNIX), Agreed With Someone Who Said Rust Was Just Hype, Should Not Replace C
17 hours ago
"Many of the Red Hat Employees Are Still Looking for Work"
Shame on IBM's CEO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 04, 2025
IRC logs for Thursday, September 04, 2025
Microsoft Started With Code Literally From The Trash, Nothing Has Improved Since
The reality is, there are systems and code that are reliable. But they're not Microsoft's.
BASIC Predates Microsoft by Over a Decade, Microsoft-Controlled Sites Like The Register MS Don't Want You to Know This
The state of the media is really bad when it relies a lot on oligarchs' money and is appointing editors who are working for oligarchs
Hypothesis That New McKinsey/Microsoft Executive Inside Red Hat Will Outsource Research and Development Operations to India (Like They Do in IBM)
IBM is floundering
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place
Gemini Links 04/09/2025: Means of Production and Rusting Out
Links for the day
Links 04/09/2025: Science, Hardware, and Eyes on China
Links for the day
Gemini Links 04/09/2025: Digital Minimalism and Social Control Media
Links for the day
IBM's GNU/Linux Divestment, Based on Hard But Anecdotal Evidence (IBM Fails to Recognise How Much Money It Made and Can Still Make From "Linux")
Love us or hate us, a lot of what we've been saying about Red Hat under IBM turns out to be rather accurate
Links 04/09/2025: Massive Microsoft Staff Cuts (Barely Reported), "Strange Conspiracy Theory Is Reportedly Spreading Inside OpenAI"
Links for the day
Activists Can Win, But Keep an Eye on the Ball and on the Trophy
GitHub is dying, it was a loss-making trap, not free hosting
Gemini Links 04/09/2025: Katrina Remembered, Distracted Driving, and Virtual Economics
Links for the day
At This Point It's No Longer Matthew Garrett But People Who Fund Matthew Garrett (or Companies That Fund His SLAPPs Against My Wife and I)
The only thing worse than misogynists are misogynists who fail to respect other people's right to go on holiday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News
Links 03/09/2025: Microsoft Causes Mass Layoffs Outside Microsoft Also, "Google Can Keep Paying for Firefox Search Deal"
Links for the day
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025