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

Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
 
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026