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

Sheriff of Cork & Debian Edward Brocklesby or Brockelsby Street confusion
Reprinted with permission from Daniel Pocock
Who Is This Backup FOR, the NSA?
As Admfubar put it, "backups for everyone..."
Microsoft's Siege of Libya Coming to an End
One might be tempted to guess the users deleted Windows and installed something else
New Talk by Dr. Richard Stallman Published Two Days Ago By CeSIUM - Centro de Estudantes de Engenharia Informática da Universidade do Minho (Portugal)
The FSF no longer mentions Richard Stallman's talks, but we will
Name the Threats and Threat Actors
Looking back to 2006, there was Novell and gregkh (partly salaried by Microsoft), so these are familiar territories
The "Other" SPLC
You know you're winning the debate when censorship is explored
Microsoft: By Default, Destroy Linux
Here is what the very "polite" Microsoft Boccassi had to say
Perens on a Stick
Remember what Novell did and how few (barely anyone) sided with Novell
Andrew Tanenbaum Gets an Award for His Work on MINIX
ACM one week ago
Twitter's Fall to Irrelevancy in Europe
Musk bought a dud
 
Links 25/06/2024: Julian Assange Freed From Prison, "AI" Bubble Imploding Some More
Links for the day
Three Points About Julian Assange Plea Deal
There is still a secret problem
[Meme] EFF Became a 'Bunch of Pussies' Working for GAFAM (and Sponsored by GAFAM)
It won't protect people, except very rich people's interests
IBM Does Not Care for the Blind (Wayland Harms Accessibility)
What a punch in the gut
Tux Machines Past 20: Still Thriving
Now 20 years and 2 weeks old
[Meme] Microsoft is Coming /Home
"LOL, REAL SORRY!!!"
Gemini Links 25/06/2024: Old Computer Challenge; An Opinionated GNU/Linux Guide
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 24, 2024
IRC logs for Monday, June 24, 2024
IEEE Computer Society on Andrew Tanenbaum, Winner of ACM Award, Who Also Inspired Linux Development
10 years ago
FSF Looking to Raise Money by Adding 200 New Members by July 19
The FSF is in good shape, according to Alexandre Oliva
Not Only Does It Not Add Security... (UEFI as a 'Bug Door')
SecureCore?
Data From Monaco Should Alarm Microsoft
Just how many people are deleting Windows and installing something else this year?
Linux in Central Sahel (Burkina Faso, Mali and Niger)
Vast area, vast number of "Linux users" (if one counts Android as such)
[Meme] Gagging One's Own Staff as a Signal of Corporate Distress
Censorship at Microsoft
Staying the Course
censorship isn't easy against sites that understand ways to resist it
The 'All-Seeing' Microsoft Eye
Microsofters are observing us closely
Links 24/06/2024: Long COVID and "How I Write Blogs"
Links for the day
Allegations That Microsoft is Covering Up Employee Dissatisfaction and Using a Survey to Catch 'Risk' to the Cult Mentality
This favours or gradually socially-engineers a company for sociopathy
'Linux Hint' Inactive for Nearly a Month (It Used to be Very Active)
Their Twitter account hasn't been active for a long time and it's not too clear what's going on
An Unexpected GNU/Linux Trend
Burkina Faso is changing and not just politically
Android (Linux) at New Highs in Burkina Faso, Now Measured at 72% (Windows Was Measured at 98% 15 Years Ago)
based on this month's estimates
With 0.76% for ChromeOS and 3.7% for GNU/Linux (4.5% Total) Burkina Faso Approaches 5% for 'Linux'
More if one counts Android as "Linux"
Gemini Links 24/06/2024: Being Dull and OpenSSH Autoban
Links for the day
EPO Issues in The Hague
a report dated 4 days ago about a meeting that took place 12 days ago
[Meme] Garbage in, Garbage Out (EPO Patent Quality)
"Get back to work"
When the Employer Makes You Too Sick to Go to Work (New EPO Document)
"registering when you are sick"
[Meme] 'Useless' Kids of EPO Examiners
malnourished?
Granting Loads of Monopolies in Europe (to Foreign Corporations of Epic Size and Far Too Much Power Inside Europe) is Vastly More Important Than Raising European Kids Properly?
"Efficiency" first? Whose? Corporations or families? No wonder so many young families are hesitant to have any kids these days; that's particularly true in east Asia and also in north America, not just Europe
[Meme] Putin's Red Flags
Firefox ESR or Firefox USSR
The Corporate/Mainstream Media and Even Social Control Media is Distorting the Record About What Mozilla Actually Did (It Originally Surrendered to Vladimir Putin)
Mozilla being avoided for purely technical reasons (sites not being compatible with it) is one thing. Foolishly, Mozilla is giving people more political reasons to also shun Mozilla. This is suicide.
GNU/Linux Up Some More This Morning, Windows Down Sharply Even in Rich Countries
Microsoft is in trouble in the Muslim world
United Arab Emirates (UAE) Rising... Towards 5% for ChromeOS and GNU/Linux
the latest numbers show it growing from about 0.1% to around 2.4% for GNU/Linux, plus 2.01% for Chromebooks (ChromeOS), i.e. about 5% in total.
Techrights in the Coming Decade: The Free Speech (Online) Angle
Free speech is a fundamental tenet of a free society
Links 24/06/2024: New Research, New Attacks on Justices Sceptical of Patent Maximalists, European Commission for Copyright Maximalists
Links for the day
[Meme] 12 Years a Fedora Volunteer
IBM gives me a 'free' Fedora badge as recognition
IBM Slavery: Not a New Problem
When IBM got rid of Ben Cotton it showed the world how much it valued Fedora
Why They Want to Abolish Master/Slave Terminology (Because This is What They're Turned Free Software Into)
It used to be about community; GAFAM turned that into exploitation and worse
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) Version 0.2 is Released
They say summer "officially" started some days ago
Torvalds' Number Two Quit Linux a Decade Ago and Has Since Then Earned an Honorary Doctorate
Revisiting Fuzix and Alan Cox
GNU/Linux Reaches All-Time High in Tunisia
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 23, 2024
IRC logs for Sunday, June 23, 2024
Edward Brocklesby (ejb) & Debian: Hacking expulsion cover-up in proximity to Oxford and GCHQ
Reprinted with permission from Daniel Pocock
You Know the Microsoft Products Really Suck When...
"Qualcomm and Microsoft go 'beyond the call of duty' to stop independent Copilot+ PC reviews"
IBM and "Regime Change"
Change of regime is not the same as freedom
Microsoft Windows in Nicaragua: From 98% to Less Than 25%
Operating System Market Share Nicaragua
Techrights in the Coming Decade: The Community Angle
Somebody needs to call them out on their BS
Techrights in the Coming Decade: The Software Angle
Gemini Protocol has just turned 5 - i.e. roughly the same age as our Git repositories
Techrights in the Coming Decade: The Patent Angle
Next month marks 10 years since we began covering EPO leaks
Wookey, Intrigeri, Cryptie & Debian pseudonyms beyond Edward Brocklesby
Reprinted with permission from Daniel Pocock
[Meme] Choice Versus Freedom
So When Do I Start Having Freedom? Freedom is choice between the GAFAMs
Digital Liberation of Society at Times of Armed Conflicts and Uncertainty
We have technical contributions, not just written output
Links 23/06/2024: More Microsoft Cancellations, Growing Repression Worldwide
Links for the day
Gemini Links 23/06/2024: The Magician and the Hacker, tmux Tips
Links for the day
Links 23/06/2024: Twitter/X Wants Your Money, Google Reports a Billion DMCA Takedowns in Four Months
Links for the day
Digital Restrictions (Like DRM) Don't Have Brands, We Need to Teach People to Hate the Underlying Restrictions, Not Companies That Typically Come and Go
Conceptually, the hens should fear humans, not the farmer who cages them
Going Above 4% Again
Maybe 4% (or above) by month's end?
[Meme] Debian's 'Cannon Fodder' Economics
Conflicts of interest don't matter
Conviction, jail for Hinduja family, Debian exploitation comparison
Reprinted with permission from Daniel Pocock
According to Microsoft, It's Not a Code of Conduct Violation to Troll Your Victims Whose Files You Are Purging
The group of vandals from Microsoft think it's "funny" (and for a "nominal fee") to troll Microsoft critics
Microsoft Inside Debian is Sabotaging Debian and Its Many Hundreds of Derivatives With SystemD (Microsoft/GitHub Slopware With Catastrophic Bugs is Hardly a New Problem)
What is the moral of the story about The Scorpion and the Frog?
Links 23/06/2024: Hey Hi (AI) Scrapers Gone Very Rogue, Software Patents Squashed at EPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 22, 2024
IRC logs for Saturday, June 22, 2024
Gemini Links 23/06/2024: LoRaWAN and Gemini Plugin for KOReade
Links for the day