Bonum Certa Men Certa

Raw: SUEPO Connected the Unitary Patent (UPC) to Abuses at the European Patent Office

Henrik Sass Larsen



Summary: SUEPO's letter to the boss of Jesper Kongstad, a protector of Benoît Battistelli who allegedly got sacked a few years later

Mr Henrik Sass Larsen Minister of Business and Growth in Denmark Danish Ministry of Business and Growth - Erhvervs- og Vækstministeriet, Slotsholmsgade 10-12, 1216 København K min@evm.dk

Unitary Patent and European Patent Organisation - Your duty to safeguard the fundamental rights of EPO staff

Dear Mr Sass Larsen,

We are writing to you as the Central Chairs of the Staff Union of the European Patent Office (SUEPO). Around 50% of the 7000 staff members of the European Patent Office are members of our Union.

At a time when Denmark is facing an important referendum on whether or not to join the Community Patent Court, it is important to ensure that no relevant factors that could potentially prove damaging are disregarded.

The Kingdom of Denmark is a member of the European Patent Organisation, whose supervisory body is the Administrative Council (AC) of the EPO. The current AC Chairman is the Danish representative, Mr Jesper Kongstad who is also concurrently Director General of the Danish Patent Office (DKPTO). As head of the Ministry of Growth and Business, all of Mr Kongstad’s actions fall ultimately under your responsibility.

There are well-reasoned concerns that suggest that the EPO is flouting established and internationally recognized principles of labour law. SUEPO has brought these concerns to the attention of the Administrative Council and Chair in a letter dated 3 March 2013 entitled “Social Democracy - Mr Battistelli's reform of the Staff Representation”. You will find a copy attached to this letter.

As executive President of the EPO, Mr Benoît Battistelli (FR) has adopted a dubious management style that may be characterized by authoritarianism and a complete disrespect for rights that are assuredly fundamental rights within a democratic country like Denmark. To give you just a few of many examples:

- Mr Battistelli has severely limited the right to strike: it is contingent on his accepting the grounds for striking and eventually approving the request to strike, all before he will then allow any industrial action to take place

- Freedom of speech is severely curtailed; staff who voice dissent are punished.

- Any staff member can be subject to an investigation by a newly created internal police force; they can neither keep silent nor be assisted by legal counsel.

- Access to independent justice is both limited and very ineffective.

All these unilaterally enforced changes have led to the worst social conflict at the EPO in its 40 years of existence. There is no indication of any improvement in the situation on the horizon - on the contrary, it seems the situation will only get worse. Not only are these changes one-sided, they risk emasculating the checks and balances in place to moderate EPO governance. We fear that in the medium term there will be heavy costs to pay in terms of the health and welfare of staff: such a regime will lead to stress, burnout or something worse. In the long term, legal inadequacies could pose problems of liability for the organisation itself, and for the Member States that fail to ensure that EPO employees enjoy the same fundamental rights as all other citizens of Europe.

Moreover, as a minister in a genuinely social-democratic government of a country that has a long-standing reputation for transparent governance, you should be concerned about the opacity of any available information concerning the EPO. The salary and terms of service of Mr Battistelli (in contrast to those of his predecessor) are kept secret. His accountability to the Administrative Council, and therefore the Member States, is limited. The perceived impartiality of one of the Auditors who, in theory, should work on behalf of the Administrative Council, might be questioned when the successful candidate happens to have been the closest associate of Mr Battistelli during his tenure at the French Patent Office (INPI). Indeed, Mr Battistelli has appointed to several key positions within the EPO a number of former associates from INPI, far exceeding the normal level of representation for France (please see http://suepo.org/public/su14062cp.pdf).

All of these changes have happened under the eyes of the Danish delegation and the Chairmanship of Mr Kongstad, both of whom have always supported Mr Battistelli.

Taking all the above information into consideration, we would ask you to take a position on your duty to safeguard the fundamental rights of EPO staff and brief your delegation and Mr Kongstad before the next AC meeting accordingly.

Yours sincerely,

[Omitted]

Recent Techrights' Posts

SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day