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

Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
 
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock