WHEN the EPO's President treats delegates like children and only stops short of outright smacking them in public you know you're not dealing with an ordinary manager (or President) but with someone who probably needs an early(ier) retirement. This isn't a behaviour suitable for any modern (21st century/present era) leader, only for a monarch (way back in the days when monarchy presided/sat on top of a parliamentary system, if any existed at all). Illegally suspending judges outside one's authority? Come on, who are we kidding here? It's a textbook example of gross overreach. Comparing one's opposition to Nazis and criminals (Godwin's Law notwithstanding) doesn't magically change the Office rules or the rule of law.
J. INDUSTRIAL ACTIONS
1. The EPO recognizes that employees have the right to participate in industrial actions without fear of retribution or sanctions. The EPO may make reasonable deduction of emoluments corresponding to any labour withheld in the course of a strike.
2. The Union is entitled to call for and organize general or local industrial actions, including but not limited to strikes. Industrial actions shall be undertaken only after a positive ballot by the Union respective members. The Union is required to ensure that ballot is witnessed by an independent observer who will prepare a report on the ballot. The EPO is to be provided with a copy of this report. Industrial actions shall be considered approved, if a quorum of at least 30% of the Union members cast a vote, and a simple majority of the votes cast are in favour of industrial action. The organisation and modalities of the ballot are at the discretion of the Union.
3. Paragraph J(2) applies mutatis mutandis to the local sections of the Union, whereby, any industrial actions so organised are limited to the site represented by that local section.
4. The Union, or local section, shall inform the President of any industrial action so planned. Barring force majeure or other serious cause, the Union shall inform the President in advance of a strike, with a period of notice of no less than 5 days.
5. The President may requisition personnel, but not more than absolutely necessary for:
- ensuring the security of the EPO premises or persons; - guaranteeing the minimum maintenance of facilities and equipment, so that work can resume immediately after the strike has ended; - providing essential services to the EPO's customers, to secure rights that would otherwise be lost (incoming patent applications).
6. For SUEPO and its members, this agreement, in particular paragraphs J(1) and (2), supersedes any other general provision regulating the right to organise and participate in industrial actions. This agreement does not invalidate or otherwise affect those provisions in so far as SUEPO and its members are not concerned.
"Among the defenders (or apologists) of Battistelli, one can expect the usual tactics which follow the logic of, nothing would change if Battistelli left, so let him stay…"We still have plenty of embarrassing things to show. With recent illnesses at the house (lasted a week and a half almost) and too little sleep, it just wasn't the best time to tackle these issues, but expect a lot of coverage in the coming week. Battistelli cannot survive. He got himself glued to a corner. Maybe when we debate the successor of Battistelli (a subject of a future bunch of articles, to come in large volume after several other items that keep our drafts 'backlog' clogged up) more people who work at the EPO will recognise the inevitable and act accordingly. It's Battistelli and those who still stand behind him who should be on the defensive now.
Based on an automated translation of an article which adds little or no new information except this last part, Battistelli's days are numbered. To quote this automated translation (if someone can translate this entire article for us, that would help): "Indeed already circulating on the name of a possible successor to the official tip of the German board member Christoph Ernst from the Federal Ministry of Justice."
Christoph Ernst is no stranger to us. Over a year ago he received a letter from Tilman Müller-Stoy (former Microsoft and Amazon employee, mentioned here before in [1, 2, 3], not to be confused for Winfried Tilmann, who has a past rife with UPC scandals) about the lack of judicial independence at the European Patent Office.
As Dugie Standeford of IP Watch recalls: "The suspension, and Battistelli’s plan for performance-based remuneration, prompted a letter from Bardehle Pagenberg (Munich) attorney Tilman Müller-Stoy to Christoph Ernst, ministerial director in Germany’s Federal Ministry of Justice and the country’s representative to the AC (linked to in an IPKat 9 December posting). In it, Müller-Stoy voiced deep concern “about the judicial independence at the EPO and about the EPO’s worldwide reputation.”"
This shows that Christoph Ernst cannot be a stranger to Battistelli’s abuses and probably hasn't had enough of that Kool-Aid from Battistelli's fountains.
As a reminder, last year we wrote an article after a reader had told us that -- along with Heiko Maas -- the German Ministry of Justice (its growing biased on UPC notwithstanding) is "responsible for oversight of the EPO through its national delegate on the EPO’s Administrative Council, Dr. Christoph Ernst.”
Ernst is listed in this list of AC representatives (warning: epo.org
link) and this recent short CV [PDF]
says:
DR. CHRISTOPH ERNST, Head of Directorate (Ministerialdirigent), Federal Ministry of Justice, DE
Christoph, born in 1954 in Bremen - Initially worked as an attorney in Bremen, focusing on commercial and economic law as well as tax law; in 1989 obtained the additional qualification of "specialist lawyer in tax law". - Joined the Federal Ministry of Justice in the Directorate General for Commercial and Economic Law. - Since May 2010: Head of Directorate in the Federal Ministry of Justice, focusing mainly on general economic law, new technologies and intellectual property. - Head of the German delegation in the Administrative Council of the European Patent Office (EPO) and member of the Board of the Administrative Council. - Germany's representative in the European preparatory bodies on the EU patent (Select Committee at the EPO and Preparatory Committee for the European Patent Jurisdiction). - Head of the German delegation in the Administrative Council of the EU Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM). - Furthermore, German representative at the General Assembly of the World Intellectual Property Organization (WIPO).