Bonum Certa Men Certa

English Translation of Süddeutsche Zeitung Article About Benoît Battistelli, Željko Topić, and EPO Tyranny

Süddeutsche Zeitung



Summary: A recent report from Süddeutsche Zeitung explains the great degree to which Battistelli and his right-hand man Topić exercise total control over the EPO

We quickly enough (more than we had expected) received an English translation of the article from Süddeutsche Zeitung. The Techrights story that we published earlier today will be greatly helped by the following article's text (coherent translation):



Süddeutsche Zeitung No. 268, Friday, 21 November 2014

[English translation]

Uprising in the Realm of the Sun King



Benoît Battistelli is President of the European Patent Office; now his staff are challenging him on the streets. Their accusation: The Boss is overstepping the limit with all the powers at his command

By Katja Riedel and Christopher Schrader

Munich - More and more people are gathering this Thursday lunchtime in front of the European Patent Office (EPO) building near the Hackerbrücke in Munich. At first they’re about a hundred, and then in their hundreds. Since that Thursday, about half the staff have been on strike – and the issue is not money. It’s a matter of basic rights, as the people on the megaphones emphasise: “Yes to reform, no to this President”, so the slogans run.

This President: That’s Benoît Battistelli, 64 years old, boss of the Office since 2010. The protest, during which the demonstrators are aiming to march to the French General Consulate, marks a new climax in a conflict which has been festering for more than two years at the EPO, whose headquarters are located in Munich, and in which both sides, both the Union and the President, have wheeled out the heavy artillery.

"The EPO has 38 Member States and its offices are not subject to local laws – it is effectively “a state within a state”. And it’s state in a state of war."Until just before Christmas, according to their direst threats, the staff are intending to gradually bring the institution to a stand-still if the President does not signal that he is ready to negotiate. In that respect, in March this year Battistelli was still brimming with confidence: “In my view, the conflict has reached a peak. I am sure that in six months things will look different,” he told the Süddeutsche Zeitung at that time. He seems to have been mistaken.

In the mini-state there were many privileges – then the new boss brought a new broom

It all started with Battistelli’s arrival in 2010. The Frenchman, a graduate of the elite administrative academy ENA, was elected by a narrow majority on the Administrative Council to the top job at the international organization. The EPO has 38 Member States and its offices are not subject to local laws – it is effectively “a state within a state”. And it’s state in a state of war.

Originally, Battistelli was supposed to remain in office until July 2016 but this summer the Administrative Council extended his contract despite all the furore. Battistelli took over in July 2010 to remove the privileges which had become established in this mini-state, in Munich as well as at the other locations in Berlin, The Hague, and Vienna. He wants a leaner organization, fewer perks for the staff, who earn 121,000 Euro a year – on average. “We’re sitting very pretty here,” says an insider. Two years after taking office, however, sharper words were being exchanged between the President and the staff representatives. So much so, in fact, that even those who support his aims at reform are now accusing Battistelli of being brutal in his management style.

They’ve come up with a nickname for him – the “Sun King”. His opponents accuse him of exploiting the enormous range of powers which come with his position. In fact, the President has the power to decide on all minutiae related to personnel, in the remotest corner of the Office. He only needs the agreement of the Administrative Council for his proposals for reform, which determine the rights of the personnel.

And what gets discussed at those meetings, at which the representatives of the Member States take part, most of them chief executives of national patent organizations, not necessarily empowered in every state, is behind locked doors: The minutes of the debates are secret, and only some of the decisions are published.

"This summer Battistelli also dismissed the elected staff representatives, and announced a new election – based on his own rules. The EPO management does not recognise the Staff Union as a negotiating partner, and Union officials were recently forced to vacate their rooms in the Office. Battistelli has also reserved the right for himself to approve any ballots concerning strikes."The staff union SUEPO, which has now called the third strike this year, is not pulling its punches either. Even the festivities to celebrate the 40th anniversary of the Office last year were interrupted by a chorus of catcalls from critics outside the hall. SUEPO looks after the welfare of just under 7,000 staff members, and it’s getting clear majorities for its calls to strike. As far as Battistelli is concerned, though, the union is only fronting for a small radical minority, as he told the SZ.

The conflict has escalated this year, behind closed doors. A number of events have caused irritation for Mr. Battistelli: For example, the Dutch Vice-President, Wim van der Eijk, was declared to be in a conflict of interest by an internal Board of Appeal, and, much to the annoyance of the management, he is no longer permitted to take part in proceedings about patent oppositions. In addition to that, there have been ugly rumours circulating for the last two years about the Croatian Vice-President Željko Topić and his former activities. Croatian newspapers have reported accusations which relate in particular to his time as the Director of the Croatian State Office for Intellectual Property. Topić disputes these reports and Battistelli has taken a stand against the rumour-mongering. In a memorandum sent to all staff members in February 2013 he declared that all the accusations were groundless. Critics expressed some surprise at this “unconditional amnesty” issued by the President months before the conclusion of an internal inquiry.

This September, the long-time press chief and senior management figure Oswald Schröder, departed from the EPO under mysterious circumstances. Officially it was stated that this was a separation by mutual agreement.

And now the reason why this Thursday the demonstrators were wearing T-shirts emblazoned with the slogan “Hands off Aurélien”. At the beginning of November, a French patent examiner in Munich was suspended and escorted from the building by security personnel. Neither the management nor the attorney representing the person concerned were prepared to comment on the details of the accusations which had led to his suspension after a long time working on an internal board of appeal. Employees of the EPO do not have legal protection via national courts and only have recourse to this body. In the event of disciplinary proceedings, employees do not have the right to legal counsel nor are they allowed to remain silent with regard to accusations.

This summer Battistelli also dismissed the elected staff representatives, and announced a new election – based on his own rules. The EPO management does not recognise the Staff Union as a negotiating partner, and Union officials were recently forced to vacate their rooms in the Office. Battistelli has also reserved the right for himself to approve any ballots concerning strikes.

All in all, these are decisions which according to expert opinion are in contravention of European Human Rights. The management, however, exonerates itself from criticism by referring to decisions of the Administrative Council: “All we are doing is implementing the reforms,” says an official from Battistelli’s office.

On the other hand, the reforms which have been adopted allow the President to decide a lot of the details for himself. Those who want to contest his decisions are in a weak position: According to internal rules, the only recourse available is via the International Labour Organization Tribunal in Geneva, which is so overburdened that it takes many years to rule on the cases that come before it. By the time that any of Battistelli’s decisions are subject to legal scrutiny, it is more than likely that the man will already be drawing his pension.

Caption: Stormy times for Benoît Battistelli, President of the EPO in Munich.



Later this week we are going to elaborate on SIPO scandals, continuing what started with the case of Rikard Frgacic and the Ivan Kabalin story.

Recent Techrights' Posts

Microsoft Windows Barely Exists in Haiti Anymore
This trend in Haiti is a "story in progress"
 
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025
Links 17/03/2025: Weather Changing and Connecting Docker to Localhost
Links for the day
The EPO Might Face Critical 'Brain Drain' (Abandonment by the Most Experienced Patent Examiners) This Year
"a number of colleagues might feel compelled to inform the Administration before the end of May 2025 of their intention to retire as of 1 December 2025."
Links 17/03/2025: Forced Labour and Memory on Tenstorrent
Links for the day
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025