The European Patent Office (EPO) -- especially its management as opposed to patent examiners-- has indulged in relative calm this past week. What it does not know is that there is still have plenty of exclusive coverage coming and it's not going to like it. These problems cannot be resolved with words but only with actions.
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(25th of February) is about the planned demonstration at the British Consulate in Munich (a demonstration which was called off following threats from Battistelli). Here is the English translation:
Süddeutsche Zeitung - Wednesday, 25 February 2015
An Inexorable Conflict
EPO staff call off an officially approved demonstration – because the President bans it
On one occasion, such a large number of staff - reportedly 2000 - arrived with their banners and placards that the police had to cordon off the street in front of the building with the dark glass façade beside the Isar. They had taken to the streets to protest against the management style of the man who sits – some would say “resides” – on the top floor: Benoît Battistelli, President of the European Patent Office (EPO), an international organisation with its very own rules – “a state within a state”. A state which for quite some time now has been in a virtual state of war.
All those who object to Battistelli’s new rules had planned to march again today. The route along the Isar would have brought them to the British Consulate General, just like previous actions which had taken place at the French and Danish Consulates. The EPO’s Staff Union SUEPO unexpectedly called off the officially approved demonstration: not of its own volition, however, but because the President had threatened the demonstrators with massive disciplinary consequences. This is confirmed by a document which the Süddeutsche Zeitung has seen. The Office management claimed that the demonstration was “contrary to the interests of the Office” and was likely to damage the EPO’s reputation. Staff members participating in the organisation of the demonstration were warned that they were in breach of the legal framework applicable to their contracts. In a letter to SUEPO, the President stated that the organisers would be held liable for their actions.
This de facto demonstration ban represents a new peak in a conflict whose intensity has been escalating during recent months. It is a conflict which has by now reached a point where not even senior EPO representatives see any hope of a resolution. For quite some time now staff representatives have been fighting against the President and his plans for reform. The aim of these reforms is to provide a more efficient and cost-effective management of the Office – and one aspect of this involves tackling certain long-established “perks” which date from the early days of the EPO and which until now have contributed to attractive remuneration and working conditions. Time and time again, EPO staff have protested against what they consider to be the excessively brusque manner in which these reforms have been forced through. They have taken to the streets and in the weeks before Christmas they engaged in a strike action, albeit with diminishing participation towards the end. According to staff representatives this was due to increased internal surveillance and repression by management.
Photo Caption:
The Frenchman Benoit Battistelli will remain at the head of the European Patent Office until 2018. However, his management style has been the subject of harsh criticism.
The demonstrators have consistently emphasised that as far as they are concerned, this is not about money but rather about their fundamental rights, such as the freedom of expression. They consider that these rights have been increasingly curtailed by the President. Meanwhile, in attempting to justify the demonstration ban, Battistelli did not cite the attacks on his person and management style but referred instead to those directed against the two British delegates on the Administrative Council, the only supervisory body to which the President is subordinate. This body which is composed of delegates from the EPO member states is considered by its critics to be too much under the sway of the President. On a number of recent occasions, it has bolstered Battistelli, in particular by prematurely extending his term of office until 2018.
For this reason, the Staff Union wrote to the British Consulate General at the beginning of February and requested a discussion: not just about the President but also about what they considered to be the overly uncritical stance of the British delegation. Battistelli interpreted this as a personal attack on the two representatives of a member state. Moreover, discussions with member states are exclusively a matter for the Office – and by “Office” Battistelli means those at the top, i.e. himself. The EPO was unable to provide an answer to our question as to why Battistelli only decided to intervene now and why he did not raise any objection to previous demonstrations and letters to diplomatic representatives.
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(27th of February) is about the Dutch court judgment and the intervention by the Dutch Justice Minister to prevent execution of the Judgment. There are more documents and comments about this on the public website of SUEPO. Here is the English translation:
Süddeutsche Zeitung - Friday, 27 February 2015
Being in the right is no guarantee of obtaining satisfaction
Following a reprimand by a Dutch court, the European Patent Office strikes back
Berlin - A Court of Appeal in the Netherlands has ordered the European Patent Office (EPO) to engage in collective bargaining with the Staff Union. In addition to this, the EPO is required to cease blocking emails from staff representatives and to desist from threatening Staff Union activists with disciplinary measures. With this development, the conflict between EPO staff and the President Battistelli has reached a new level of intensity. The Appeal Court (“Gerechtshof”) in the Hague has officially declared that the EPO violated the fundamental rights of its staff. The Staff Union known as “SUEPO” had no means of legal redress available to it.
The judgment opens up a new chapter of legal history because until now it was generally accepted that the EPO, as an international organisation, enjoyed immunity from the jurisdiction of national courts. Battistelli consistently emphasised this, in particular in connection with the reforms which he has been implementing in the Office during the last few years. He claimed that he wanted to do away with long-standing privileges enjoyed by staff and that he had the support of the representatives of the 38 member states of the Organisation. Staff representatives and Union activists, however, complained that the changes led to restrictions of their fundamental rights, for example with respect to Union activities and industrial action. The headquarters of the EPO are in Munich and it also has large sub-offices in Berlin, Vienna and the Hague.
“It was quite an unusual decision”, the attorney representing the Staff Union, Prof. Liesbeth Zegveld, says about the judgment. “The EPO had, however, behaved badly because it did not recognise SUEPO as a social partner”. The EPO management on the other hand rejects the judgment of the Appeal Court as an encroachment. The judges had “decided not to respect the fundamental principle of immunity” wrote the EPO President in a Communiqué to his staff. “This judgement is neither legally admissible nor practically enforceable”.
In order to ensure that its point of view prevailed, it would appear that the EPO Administration brought pressure to bear on the Dutch authorities. A spokesperson for the Dutch Ministry of External Affairs confirmed this version of events in response to a query from the Süddeutsche Zeitung. The Dutch Government now takes the position that although the EPO is not immune from the jurisdiction of the courts in its conflict with the Staff Union, it nevertheless enjoys immunity from execution of the judgment. The Ministry of Justice ordered the Court Bailiff not to proceed with the execution. “The Ministry of External Affairs has confirmed to us that the judgment failed to take account of the international legal obligations of the [Dutch] State”, said the EPO press officer, Rainer Osterwalder.
What will happen next is unclear. On one hand, the EPO may refer the matter to the next instance, the Supreme Court of the Netherlands. On the other hand, SUEPO attorney Liesbeth Zegveld is currently considering taking legal action against the [Dutch] State which, in her opinion, is obstructing its own justice system. It is possible that a similar lawsuit could succeed before the German courts.
"The European states, including Germany, should never have ratified the Convention relating to the European Patent Office," says Siegfried Broß, a former judge of the German Constitutional Court, "because it places the fundamental and human rights of EPO employees at the disposition of the Office Administration.”