Bonum Certa Men Certa

SUEPO and the EPO's Central Staff Committee Condemn Battistelli's Latest Attempt to Change the Rules in Defiance of Laws

Summary: Staff representatives at the EPO voice opposition to so-called 'reforms' which are neither desirable nor legal

THE Administrative Council (AC) of the EPO will be meeting in The Hague at the middle of the coming week and letters have been sent, as usual, to tell delegates what Battistelli is really up to and why he should be stopped. For reasons explained here before, we expect small countries (some of which are mere cities with a vote equivalent in weight to that of a country like Germany or France) to just nod mindlessly at Battistelli, but what about the rest?



Here is SUEPO's letter, which explains what Battistelli is trying to accomplish and why it must be prevented:

16 June 2017

Deficient proposals tabled to the Administrative Council of the European Patent Organisation (28-29 June meeting)



To: Ministers responsible for Intellectual Property of the EPO Member States Cc: Heads of Delegation in the Administrative Council of the EPO (by email only)

Dear Sir/Madam,

The Staff Union of the European Patent Office (SUEPO) wishes to draw your attention to the upcoming session of the Administrative Council (AC) of the EPO on 28 and 29 June 2017 and the proposals made by President Battistelli on which the representatives of the member states, including yours, will vote.

We are aware that the Central Staff Committee of the EPO is in the process of informing your national Delegate in more details of the severe deficiencies of a set of proposals tabled by the President of the EPO (CA/58/17 and CA/65/17).

1. With CA/65/17 the President of the EPO proposes a far-reaching restructuration of the EPO that violates the European Patent Convention, and will, if the AC adopts CA/C 8/17, create a risk of nullity of the patents granted under such structure as well as constitutional risks at national level.

2. A further set of proposals (CA/58/17) relating to the internal justice system of the EPO is highly problematic, because it contains regulations that

- violate fundamental rights, for instance as defined in the European Convention on Human Rights, - are not compatible with the EU law, including EU Data protection guidelines, - are not compatible with the national legal framework of EPO Member States, - entail a high risk of litigation, of disrepute of the organization, and liability of member states.

If the proposals were adopted, the Member States, through their delegates in the AC, would discharge the President of the EPO of any responsibility in those matters, and take




responsibility for the consequences. Their own governments would, in consequence, be vicariously liable.

We thank you very much for your attention to this matter.



The Central Staff Committee too has written about it and we reproduce the letter below (a lot of staff already saw this):

Date: 16.06.2017

To the Members of the Board of the Administrative Council

Reform of the EPO justice system (CA/58/17)

Dear Delegate in the Administrative Council,

Soon you will gather for the 152nd Council meeting, where you will have to decide on the reform of the internal justice system as proposed in document CA/58/17.

The Council acknowledged the concerns of staff when adopting resolution CA/26/16 in March 2016, by calling on the Office to reform its internal justice system so that it be fair, and be seen to be fair.

CA/58/17 contains elements of progress1. However, the reform addresses none of the true causes of the staff’s distrust. It sometimes even exacerbates it. More particularly, we would like to point to the following flaws:

  • An appointment of staff representatives guaranteeing a balanced composition is a fundamental feature of the Appeals Committee2. By artificial limitations, it is made yet more difficult3.


  • In a (quasi-) judicial system, the appointment, by the Head of the Administration, of a chair endowed with wide-ranging powers for a (renewable) term of three years4 must be considered as incompatible with (the perception of) independence.
  • The route for dealing with lack of professional ability and efficiency can be used to substitute for the disciplinary route, with reduced safeguards5.
___________

1 e.g. non-discrimination and commitment to combatting harassment 2 See Judgments Nos. 3694 and 3785, which annihilated the work of the Appeals Committee for the years 2014 (partly), 2015 and 2016. 3 The eligible appointees are limited to elected staff representatives and the President has further reduced the time allocated to them in revised Circular No. 356. 4 Article 98(4) ServRegs for the Disciplinary Committee; Article 111(7) for the Appeals Committee 5 See in particular the composition of the Joint Committee in Articles 53a




  • The final decision of the appointing authority may still exceed the recommendation in the opinion of the Joint, Disciplinary or Appeals Committees6.


  • The possibility of withholding parts of the salary for alleged failure to comply with one’s duties, by a mere administrative decision and in addition to a disciplinary sanction, is unprecedented and illegal7.


  • The control of the Office is extended into the life of former employees and pensioners8, with wider arbitrary prerogatives and less safeguards than in other international organisations.


  • Data protection and the protection of private property are made discretionary during investigations9.


  • The independence of the Ethics and Compliance Function from the President of the Office is not ensured by its organisational setup10.


The reform leaves fundamental rights unrecognised and unenforceable. It is even likely to set the foundations for future violations of those rights.

If the Council is minded to recall resolution CA/26/16 and restore the trust of the staff, the public, and the ILOAT in the EPO’s ability to administer its own justice system, CA/58/17 must be amended, with clear indications of what the Council expects.

Yours sincerely, The Central Staff Committee

We confirm that this letter was legitimately decided and produced by the Central Staff Committee11.

___________

6 Articles 53b(4), 94a and 110(4); this is a major cause of the staff’s negative perception of fairness. 7 Compare Article 63a with e.g. German case law ArbG Frankfurt 20.1.2004 – 4 Ca 4332/03 8 See e.g. Article 94(1)(h) ServRegs 9 See e.g. Article 16 Implementing Rule 10 See Article 21 ServRegs 11 Pursuant to Article 35(3) ServRegs, the Central Staff Committee shall consist of ten full and ten alternate members.

The CSC presently consists of 8 full and 7 alternate members, because two have resigned in December 2014, one has been dismissed in January 2016 (against the recommendation of the Disciplinary Committee), one resigned as of October 2016, one has been further dismissed in November 2016 and one refused replacement of a full member against Article 7(3) of Circular 355 since December 2014.

Furthermore, one member of a LSC has been dismissed and a further full member of the CSC has been downgraded in January 2016 (against the recommendation of the Disciplinary Committee). In fact, the Office has launched investigations and disciplinary procedures against several other Staff representatives as well, affecting negatively their health.



It will be interesting to see how countries vote next week and if, as rumoured, there is another silent push to dismiss the judge who has been on "house ban" for 2.5 years (and whose pay got halved last year). Will the Administrative Council go ahead the following week and post this job vacancy for Battistelli's position? It says that it "shall be published on the Office's website on 3 July 2017."

Battistelli lost two separate referendums/elections in recent days. Will he lose another one?

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026