Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part V: Germany Says “Ja”

Series parts:

  1. The EPO's Overseer/Overseen Collusion — Part I: Let the Sunshine In!
  2. The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?
  3. The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes
  4. The EPO’s Overseer/Overseen Collusion — Part IV: The Founding States
  5. YOU ARE HERE ☞ Germany Says “Ja”


Christoph Ernst and Cornelia Rudloff-Schäffer
The German delegation: Christoph Ernst from the Ministry of Justice and Consumer Protection and his deputy Cornelia Rudloff-Schäffer, head of the German Trademark and Patent Office in Munich.



Summary: Benoît Battistelli's EPO, with all its severe abuses and corruption, was backed by the German government; after 3+ years of António Campinos even the German media has given up mentioning anything negative about the EPO (there's a so-called 'conspiracy of silence'), but it's never too late to study the mechanics and motivations of this complicity

As is generally known, the EPO is headquartered in Germany with its main office in Munich and a sub-office in Berlin. It also has a main branch office at Rijswijk near The Hague in the Netherlands.



There is a further small sub-office with 87 staff in Vienna, Austria, which is mainly concerned with patent information and publication services.

One might have expected that the delegations representing the host states of the EPO would have been inclined to properly scrutinise the proposed restrictions of staff rights.

"One might have expected that the delegations representing the host states of the EPO would have been inclined to properly scrutinise the proposed restrictions of staff rights."However, all of these three host states voted in favour of Battistelli's "Strike Regulations".

In the case of the German delegation, this is not really surprising. At the time in question the delegation was headed by Christoph Ernst who was heavily under the sway of his mentor and reputed "handler", the EPO Vice-President Raimund Lutz. Ernst's deputy on the German delegation was Cornelia Rudloff-Schäffer, head of the German Trademark and Patent Office in Munich.

"Back in the pre-Brexit days of 2013, preparations for the EU's Unitary Patent project were in full swing."Rudloff-Schäffer is reputed to have had a more critical attitude towards Battistelli but due to her subordinate position she was unable to counteract Ernst who had the final say as head of delegation.

In addition to this, it should not be forgotten that both Ernst and Rudloff-Schäffer were ultimately under the authority of the German Justice Minister who, at the time in question, was Sabine Leutheusser-Schnarrenberger from the German liberal party, FDP.

Leutheusser-Schnarrenberger with Rudloff-Schäffer
Justice Minister Leutheusser-Schnarrenberger with Rudloff-Schäffer unveiling new DPMA logo in July 2010.



Back in the pre-Brexit days of 2013, preparations for the EU's Unitary Patent project were in full swing.

"According to well-informed inside sources at the EPO, Battistelli took advantage of the occasion to impress upon Leutheusser-Schnarrenberger that his planned "reforms" were of vital importance for ensuring that the EPO would be "fit" for the soon-to-be-implemented Unitary Patent."At that time the German political establishment was very gung-ho about the Unitary Patent project and the associated Unified Patent Court (UPC). This enthusiasm was due in no small part to the "capture" of the Federal Justice Ministry by zealous UPC lobbyists, led by Hogan Lovells consultant, Winfried Tilmann.

Battistelli and Leutheusser-Schnarrenberger
Battistelli cosying up to Leutheusser-Schnarrenberger in June 2013



By a curious coincidence, on 24 June 2013 - just a few days before the 136th meeting of the Administrative Council - Leutheusser-Schnarrenberger visited the EPO where she met with Battistelli "to discuss developments in the European patent system, and in particular the future unitary patent".

"The Corsican despot's "charm offensive" towards the German Justice Minister seems to have worked because from that point on there was rarely a murmur of dissent from the German delegation to any proposals tabled by Team Battistelli."According to well-informed inside sources at the EPO, Battistelli took advantage of the occasion to impress upon Leutheusser-Schnarrenberger that his planned "reforms" were of vital importance for ensuring that the EPO would be "fit" for the soon-to-be-implemented Unitary Patent.

The Corsican despot's "charm offensive" towards the German Justice Minister seems to have worked because from that point on there was rarely a murmur of dissent from the German delegation to any proposals tabled by Team Battistelli.

With hindsight, it seems that the subservience of the German delegation was intensified by Ernst's own personal ambitions to succeed Lutz as the Vice-President of the EPO's International and Legal Affairs Directorate via the EPO's notorious revolving door.

EPO insiders have reported that Ernst always took great care not to cross swords with Battistelli during his time as head of the German delegation.

Ernst's revolving door gambit
Ernst's loyalty and subservience to Battistelli were ultimately rewarded with a well-paid post-retirement sinecure as EPO Vice-President.



In fact, shortly after Ernst was parachuted in as Chairman of the Council following Jesper Kongstad's premature departure in October 2018, he gave an interview to the German legal periodical JUVE. We've decided to maintain a local copy of Ernst's interview [PDF] in case it gets edited or removed.

Ernst used the occasion to praise Battistelli's "Strike Regulations" as a "necessary social reform" and a noteworthy example of "a step forward" at the EPO.

What social reforms were necessary?

For example, the controversial reform of the right to strike. Customary law had developed in the EPO, and it had to be put on a proper statutory footing. Overall, the regulation is a step forward. One can always discuss the details, and that is what is being done.


It's hard to believe that this clown, who is approaching 70, is now in charge of the EPO's International and Legal Affairs Directorate but such grotesque absurdity seems to be par for the course in the Kafkaesque "wonderland" of EPOnia.

In the next part we will take a look at the delegation representing the EPO's second host state, the Kingdom of the Netherlands.

Recent Techrights' Posts

"Linux" Foundation, Besieged by Microsoft, Isn't About Science But Against Science and Against Facts
(and for Microsoft Dogma, Microsoft Domination, Microsoft Money)
IBM Pays IDG's IDC to Market Proprietary Red Hat Enterprise Linux (RHEL) Under the Guise of "Research"
Proprietary RHEL promoted by FUD (Fear, Uncertainty, Doubt or just plain fear-mongering)
Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
 
At the Root of the SLAPPs There Are Matters of GitHub Corruption and Microsoft Competition Crimes
Keep both eyes on the ball; this is about monopoly abuse and attempts to muzzle critics
Open Source Initiative (OSI) Privacy Fiasco in Detail: More on the Complaint, Which Also Points the Finger at Stefano Mafulli and Deb Nicholson
Focus on what they are attempting to distract from
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart
Malware in Proprietary Software - Latest Additions
Original by Free Software Foundation, Inc.
Links 09/04/2025: More Trade Wars and Wars, Chinese Army Troops Found Fighting in Ukraine
Links for the day
Linux Clickbait by Slop
Give it up for Brian Fagioli, the Serial Slopper
IBM and MCC: Layoffs Coming Again to Metro Connect Company Limited (MCC) as Tariffs Bite and IBM's Shares Fall
Blacklists applicable to Chinese suppliers also mean that IBM can no longer cooperate with key partners in Asia
Microsoft's Entire Premise for Its Future Existence Goes Up in Flames
32 minutes ago
GNU/Linux on a High in Colombia
Stereotypes much?
Go Static
Please don't Go(lang) or JavaScript or PHP or...
Techrights Be Like...
K.I.S.S.
Gemini Links 09/04/2025: Autism, Cybersecurity, and LLMs Attacking Services Online
Links for the day
GNU/Linux Would be Measured at Over 5% Globally (by statCounter) Had the Data in India Not Been Changed
GNU/Linux grew a lot in many countries and has expanded since then
Keeping Track of Microsoft Layoffs in 2025
So here's a quick roundup of 2025
The Sixth Anniversary of the Lightweight Alternative to the Web (Gemini Protocol)
Now 11 short of 3,000 active capsules. 65 short of 4,500 total.
Links 09/04/2025: Quartz Fires All Writers (Shutdown, LLM Slop or Slopfarm Instead), "Bitcoin Is Crashing Hard"
Links for the day
People Are Sick of LLM Slop. Offer Them Alternatives.
We never used LLM slop for anything and we never will
Web Surveyor statCounter Sees Apple's macOS Falling From 5.6% to 3.6% in Two Months, It Might Soon be Smaller Than GNU/Linux
Apple's "value" (faked, exaggerated) is back to "pandemic times"
UK House of Lords Recognises the SLAPP Issue in the UK and EFF Pursues "Bill (That) Could Put A Stop To Censorship By Lawsuit" in the US
"A House of Lords inquiry into how the news industry can survive into the future has accused the government of “failing to prioritise” action on strategic lawsuits against public participation (SLAPPs)."
Open Source Initiative (OSI) Privacy Fiasco in Detail: Seeking Class Action Against the OSI
"LETTER SEEKING CLASS ACTION REPRESENTATION"
The Value of Slop, by Alexandre Oliva
Original by Alexandre Oliva
Gemini Links 09/04/2025: Neocities, Tinylogs, and Inter-community Protocols
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 08, 2025
IRC logs for Tuesday, April 08, 2025
You Can Be an A--hole to Women (Even Strangle Women) as Long as You Work for Microsoft
Recalling the Mark Shuttleworth origin story
Canonical is a Proprietary Software Reseller With a 'Debian Base'
"Canonical Ubuntu" is just Debian with some proprietary things sold on top of it