Ortssektion Mnchen . Local Section Munich .

Section locale de Munich

22.01.2015
su15007mp 0.2.1/0.3.2/0.2.2

FIRST DEMONSTRATIONS OF 2015

ACTIONS CONTINUE
March to the Danish consulate
Yesterday some 1000 colleagues braved the freezing cold for a demonstration in front of
the Danish consulate in Munich. Staff reproaches the EPOs Administrative Council
headed by Mr Kongstad, who is of Danish nationality, for:
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its failure to exercise due oversight over the President of the EPO,

its failure to fulfill its duty of care towards EPO staff by allowing
unacceptable employment law to be imposed on staff, and

its lack of transparency towards the EPO's users and the general public.

The Danish consul in Munich, Ms Hedegaard

Meinertz, had been informed of the demonstration in a
letter 1 . In this letter SUEPO also asked for an
opportunity to discuss staffs concerns with her or her
deputy. We were received by the consul herself.
The main topics presented from our side were the Councils failure to fulfil its duty of care
towards staff, and the lack of transparency towards the EPOs users and the general
public. We explained that we did not understand how the Council delegations, headed by
Mr Kongstad, could impose on staff of the EPO labour legislation that would be
inacceptable in their own countries. Concerning transparency we noted that this was not a
new issue, but that Mr Battistelli and Mr Kongstad had failed to bring any significant
improvements in the situation. Ms Meinertz obviously could not comment, but she took
note.
What have the actions achieved thus far?
The strikes and demonstrations in the EPO have been noticed outside the EPO. Those
who may have had doubts about the reports of SUEPO about Mr Battistellis lack of
respect for the law were convinced by the clearly irregular investigation and suspension
(ban) of a member of the Boards of Appeal. Mr Battistellis claims that a small minority
opposes his justified reforms sound increasingly weak. The world has woken up to our
problems, see:
Judicial Independence - the EPO Responds to Sir Robin Jacob's Letter (21.01.2015)
http://ipkitten.blogspot.de/2015/01/judicial-independence-epo-responds-to.html
(Dont miss the comments section!)
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Letter to the Danish consul: http://www.suepo.org/archive/su15001ml.pdf

Vesna Stilin Renews Her Fight for Justice in eljko Topi Case (20.01.2015)
http://techrights.org/2015/01/20/vesna-stilins-vs-zeljko-topic/
Dr. Ingve Bjrn Stjerna, "Unitary patent and court system Advocate Generals
Statements of Position: Superseded by reality" (15.01.2015)
http://www.stjerna.de/index_htm_files/Unitarypatent_OpinionC-146_13.pdf
FOSS Patents, "Pressure mounts on EPO president and administrative council over
suspension of patent judge" (08.01.2015)
http://www.fosspatents.com/2015/01/pressure-mounts-on-epo-president-and.html

What are our claims?

SUEPO intends to organise a demonstration every month for as long as it takes to bring
the EPO back on track. Our claims are for Rule of Law, Freedom of Association and
Honest negotiation of our work package. But we do not forget the mission of the EPO
as a public service created for the benefit of the citizens of Europe. That is why we
continue to defend high quality searches and examinations as well as transparency.

Next: the British consulate?

The next demonstration could be aimed at the British consulate. Why the British
consulate? Because Mr. Sean Dennehey2 (UK), member of the British delegation, is a
major player in the Administrative Council (AC). Like Mr. Kongstad, Mr. Dennehey is
member of the Board of the Administrative Council or Board 28, the ultra-secretive thinktank of the Administrative Council. He was also recently re-elected3 chairman of the Patent
Law Committee for a three-year term, starting on 30 March 2014. Mr Dennehey actively
supports and defends the reforms of Mr Battistelli, reforms that increasingly deny staff of
the EPO of fundamental rights that are taken for granted by all other European citizens. Mr
Dennehey supports the Office in trying to suppress 4 public discussion about the
suspension of a Member of the Boards of Appeal while leaving space for Mr Battistelli to
do the contrary behind closed doors.
We wish to alert the British government to the problems in the EPO and the role played by
the British delegation.
We are not here trying to build a reform which is compatible with each of your
nations law. We are trying to build something which is useful for the Office, for the
Organisation. So if in some cases, it is not compatible with the German law, the UK
law, or the French law, this is not the issue. The issue is: is it useful for the
Organisation?
Mr Battistelli (BFC, 20 November 2014)

Please support the actions !

Remember: we can only support you if you support us.

Biography of Mr Sean Dennehey: https://www.gov.uk/government/people/sean-dennehey

139th meeting of the AC: http://www.epo.org/news-issues/news/2014/20140328.html
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http://www.cipa.org.uk/pages/whatsnew/article?B3DF31C2-BF7B-4885-831F-B4832AB5C690
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