Bonum Certa Men Certa

Raw: SUEPO Connected the Unitary Patent (UPC) to Abuses at the European Patent Office

Henrik Sass Larsen



Summary: SUEPO's letter to the boss of Jesper Kongstad, a protector of Benoît Battistelli who allegedly got sacked a few years later

Mr Henrik Sass Larsen Minister of Business and Growth in Denmark Danish Ministry of Business and Growth - Erhvervs- og Vækstministeriet, Slotsholmsgade 10-12, 1216 København K min@evm.dk

Unitary Patent and European Patent Organisation - Your duty to safeguard the fundamental rights of EPO staff

Dear Mr Sass Larsen,

We are writing to you as the Central Chairs of the Staff Union of the European Patent Office (SUEPO). Around 50% of the 7000 staff members of the European Patent Office are members of our Union.

At a time when Denmark is facing an important referendum on whether or not to join the Community Patent Court, it is important to ensure that no relevant factors that could potentially prove damaging are disregarded.

The Kingdom of Denmark is a member of the European Patent Organisation, whose supervisory body is the Administrative Council (AC) of the EPO. The current AC Chairman is the Danish representative, Mr Jesper Kongstad who is also concurrently Director General of the Danish Patent Office (DKPTO). As head of the Ministry of Growth and Business, all of Mr Kongstad’s actions fall ultimately under your responsibility.

There are well-reasoned concerns that suggest that the EPO is flouting established and internationally recognized principles of labour law. SUEPO has brought these concerns to the attention of the Administrative Council and Chair in a letter dated 3 March 2013 entitled “Social Democracy - Mr Battistelli's reform of the Staff Representation”. You will find a copy attached to this letter.

As executive President of the EPO, Mr Benoît Battistelli (FR) has adopted a dubious management style that may be characterized by authoritarianism and a complete disrespect for rights that are assuredly fundamental rights within a democratic country like Denmark. To give you just a few of many examples:

- Mr Battistelli has severely limited the right to strike: it is contingent on his accepting the grounds for striking and eventually approving the request to strike, all before he will then allow any industrial action to take place

- Freedom of speech is severely curtailed; staff who voice dissent are punished.

- Any staff member can be subject to an investigation by a newly created internal police force; they can neither keep silent nor be assisted by legal counsel.

- Access to independent justice is both limited and very ineffective.

All these unilaterally enforced changes have led to the worst social conflict at the EPO in its 40 years of existence. There is no indication of any improvement in the situation on the horizon - on the contrary, it seems the situation will only get worse. Not only are these changes one-sided, they risk emasculating the checks and balances in place to moderate EPO governance. We fear that in the medium term there will be heavy costs to pay in terms of the health and welfare of staff: such a regime will lead to stress, burnout or something worse. In the long term, legal inadequacies could pose problems of liability for the organisation itself, and for the Member States that fail to ensure that EPO employees enjoy the same fundamental rights as all other citizens of Europe.

Moreover, as a minister in a genuinely social-democratic government of a country that has a long-standing reputation for transparent governance, you should be concerned about the opacity of any available information concerning the EPO. The salary and terms of service of Mr Battistelli (in contrast to those of his predecessor) are kept secret. His accountability to the Administrative Council, and therefore the Member States, is limited. The perceived impartiality of one of the Auditors who, in theory, should work on behalf of the Administrative Council, might be questioned when the successful candidate happens to have been the closest associate of Mr Battistelli during his tenure at the French Patent Office (INPI). Indeed, Mr Battistelli has appointed to several key positions within the EPO a number of former associates from INPI, far exceeding the normal level of representation for France (please see http://suepo.org/public/su14062cp.pdf).

All of these changes have happened under the eyes of the Danish delegation and the Chairmanship of Mr Kongstad, both of whom have always supported Mr Battistelli.

Taking all the above information into consideration, we would ask you to take a position on your duty to safeguard the fundamental rights of EPO staff and brief your delegation and Mr Kongstad before the next AC meeting accordingly.

Yours sincerely,

[Omitted]

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day