Friedrich Rödler

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Friedrich Rödler (born November 25, 1954 in Vienna ) is an Austrian lawyer. For many years he was a member of the Court of Auditors , Secretary General of the Federal Ministry for Transport, Innovation and Technology and, most recently, President of the Austrian Patent Office .

Life

After graduating from secondary school in Vienna, Rödler joined the financial administration in 1973 . From 1976 to 1978 he worked there as head of department. He completed his part-time law studies at the University of Vienna in 1983 with a master's degree and a doctorate.

1978 was appointed to the audit office and worked under Presidents Kandutsch , Broesigke and Fiedler ; From 1990 to 1999 he was head of the editorial department for reports to the National Council , and from 1995 to 1999 he was also head of the EU department. From 2000 he was deputy section head .

From 2001 to 2005 he was Secretary General of the Federal Ministry for Transport, Innovation and Technology under the ministers Monika Forstinger , Mathias Reichhold and Hubert Gorbach . After an amendment to the Patent Act at the end of 2004 under Minister Gorbach ( FPÖ ), which made it possible for non-members of the Patent Office to apply for the position of President of the Patent Office for the first time, Rödler was appointed President of the Austrian Patent Office on April 4, 2005 and - after another appointment in 2010 - held this position until 2015. His contract as President of the Patent Office and as managing director of the partial legal area of ​​the Patent Office ("serv.ip") was not extended by Federal Minister Alois Stöger ( SPÖ ) after his second term of office (2015) .

Rödler is ascribed at least a close relationship with the FPÖ , he ran for this party in the state elections in Vienna in 2005 and 2015.

Rödler is chairman of the Council of Superbrands Austria, co-initiator of the “Save Cash” initiative and a leading member of the Order of St. George .

For the period from March 1, 2018 to February 28, 2023, Rödler was nominated by the FPÖ as a member of the University Council of the University of Vienna.

Services and initiatives as Secretary General of the Federal Ministry for Transport, Innovation and Technology

During Rödler's term of office, the “General Transport Plan Austria 2002” was created as the first nationwide overall concept as the basis for Austria's future transport policy, on which no parliamentary deliberations were initiated. In addition, Rödler subjected the ministry to a profound internal reform, which u. a. around the number of management positions by approx. has reduced by half.

Achievements and initiatives as President of the Patent Office

In particular, Rödler promoted the range of services offered by his department, initiated the business- oriented advisory campaign discover.ip in 2008 and introduced an annual invention prize ( Inventum ). During his presidency, electronic filing of patents and utility models was introduced and he signed the Patent Prosecution Highway (an agreement for the mutual acceleration of patent proceedings under the PCT ). He politically and legally enforced an exemption from annual fees for “young patents”.

He campaigned for the modernization of the work of the patent office and, on the recommendation of the Court of Auditors , sought to merge the administrative and serv.ip areas, which appeared uneconomical due to parallel structures, which was only achieved by his successor Mariana Karepova in 2016 on the basis of his preliminary work . Further efforts by Rödler were to bring together all relevant institutions in a “total competence center” for intellectual property, which, however, due to the lack of the government program of the XXV. The political "National Strategy for Intellectual Property" planned for the legislative period could not be brought to a conclusion.

Controversy

Appointment as President of the Patent Office

Rödler was appointed after an amendment to the Patent Act at the end of 2004 under Minister Hubert Gorbach ( FPÖ ), which for the first time made it possible for non-members of the Patent Office to apply for the position of President of the Patent Office. In a parliamentary question in 2005 were by Mrs Gabriela Moser ( The Greens ) in a parliamentary question inconsistencies in public procurement awards, the relocation of the Patent Office, an exceptionally lucrative special contract, the amendment to the Patent Act and the Nachbesetzung the President post in the environment of Rödler claims which were rejected by Minister Gorbach.

Leadership style

In 2009 Gabriela Moser brought another parliamentary question in which she accused Rödler of stoking conflicts with the European Patent Office, initiating private lawsuits and unjustified disciplinary complaints against employees, violating employee representation rights several times, not acting economically with partial legal capacity and already patenting and Brand appraisals were offered before the required amendment to the law was made. Federal Minister Hubert Gorbach also rejected these allegations.

Rödler have been notified of violations of staff representation law on several occasions by the Federal Chancellery's Personnel Representation Supervisory Commission.

Legal dispute with Gabriela Moser

In 2013 Gabriela Moser filed a complaint against Rödler with the business and corruption prosecutor's office. The allegations are abuse of office and infidelity . Rödler then filed a criminal complaint against Moser for defamation and defamation . The public prosecutor's office in Vienna discontinued the proceedings against Rödler for alleged abuse of office and breach of trust in February 2013, as the accusation of having paid a second job turned out to be not worthy of prosecution . In July 2015, the Supreme Court discontinued the proceedings against Moser on the grounds that their statements were “permissible value judgments”.

Controversial second salary as managing director in the partial legal area of ​​the patent office

According to a media report, Rödler not only confirmed the receipt of the second salary in the amount of 6,250 euros per month (in addition to his monthly presidential salary of 8,900 euros), but also contradicted an instruction from Federal Minister Doris Bures from June 2013 that he should do so fail. Although Rödler was successful with a complaint against this directive before the Administrative Court, his contract as President of the Patent Office was not extended by Federal Minister Alois Stöger after his second term in office .

The Supreme Court finally found in 2016 that he was not entitled to the 152,567.83 euros in remuneration as managing director of “serv.ip” , which was awarded in the first instance by the Vienna Labor and Social Court as part of the total income, because the Federal Ministry for Transport, Innovation and Technologie in 2005 (at that time, Rödler himself, as Secretary General in this ministry, was the highest-ranking official subordinate to the Minister) was not at all entitled to offer or conclude a contract in this regard. A parliamentary question was made on August 25, 2016 about a possible reclaim of the unlawfully received remuneration according to the Supreme Court decision, which Minister Jörg Leichtfried answered with the statement that all legally required steps would be taken.

Websites

Individual evidence

  1. a b Parliamentary question of February 1, 2005 (2596 / J XXII. GP). Retrieved December 21, 2016 .
  2. ^ Bureaucrats and functionaries. NEWS.at online magazine, April 26, 2002, accessed December 21, 2016 .
  3. Municipal council and district representative elections 2005 in Vienna, list of results. (No longer available online.) Archived from the original on September 13, 2016 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.wien.gv.at
  4. Municipal council elections 2015 in Vienna, list of candidates: List place 273 (city election proposal). (No longer available online.) Archived from the original on September 25, 2015 ; accessed on October 10, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.wien.gv.at
  5. Superbrands: Brand Council Austria: Dr. Friedrich Rödler. Retrieved December 21, 2016 .
  6. Save the cash! Retrieved December 21, 2016 .
  7. St. George's Order: The Order Government. Retrieved December 21, 2016 .
  8. Online standard of February 20, 2018. Accessed March 6, 2018 .
  9. ^ Website of the University of Vienna. Retrieved March 6, 2018 .
  10. General Transport Plan Austria. Retrieved December 21, 2016 .
  11. Construction of the infrastructure projects according to the "General Transport Plan Austria 2002". Retrieved December 21, 2016 .
  12. A ministry like on a drawing board. Retrieved December 21, 2016 .
  13. ^ "Forstinger abolishes three sections" . In: Wirtschaftsblatt . 2001.
  14. Major renovation at Forstinger . In: Courier . 2001.
  15. Press releases from the Patent Office. (No longer available online.) Archived from the original on September 13, 2016 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.patentamt.at
  16. ^ The Austrian Patent Office - discover.IP. (No longer available online.) In: www.patentamt.at. Archived from the original on July 15, 2016 ; accessed on July 15, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.patentamt.at
  17. INVENTUM: First award for the "Invention of the Year", online newsletter of the Austrian Patent Office 3/2011. (No longer available online.) Archived from the original on May 29, 2016 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.patentamt.at
  18. Online filing: faster registration and cost savings, online newsletter of the Austrian Patent Office 2/2011. (No longer available online.) Archived from the original on May 27, 2016 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.patentamt.at
  19. ^ PPH - Patent Prosecution Highway. (No longer available online.) Archived from the original on December 23, 2016 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.patentamt.at
  20. Bures: Patent fees for the first 5 years will be canceled. Retrieved July 15, 2016 .
  21. Mission statement on the homepage of the Austrian Patent Office. (No longer available online.) Archived from the original on January 27, 2017 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.patentamt.at
  22. ^ Report of the Court of Auditors on the Patent Office 2012. (No longer available online.) Archived from the original on September 13, 2016 ; accessed on December 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.rechnungshof.gv.at
  23. Overall competence center for intellectual property, Invent - The journal for intellectual property, ePaper 03/2012, page 121 Flash. Retrieved December 21, 2016 .
  24. Answer to the parliamentary question of February 1, 2005 (2539 / AB XXII. GP). Retrieved December 21, 2016 .
  25. Parliamentary question of October 23, 2009 (3503 / J XXIV. GP): The President of the Austrian Patent Office and his environment. Retrieved December 21, 2016 .
  26. Answer to the parliamentary question of 23 October 2009 (3517 / AB XXIV. GP). Retrieved December 21, 2016 .
  27. Friedrich Rödler: The strict gentleman from the patent office, Die Presse online from October 23, 2009. Retrieved December 21, 2016 .
  28. Friedrich Rödler: The strange business of the head of the patent office, Josef Redl in profile online from January 29, 2013. Accessed on December 21, 2016 .
  29. ^ Head of the patent office Rödler sued Green MP Moser, Salzburger Nachrichten online from February 5, 2013. Accessed December 21, 2016 .
  30. ^ Investigations against Rödler discontinued Wirtschaftsblatt , April 11, 2013
  31. ^ Proceedings against the head of the Patent Office Rödler discontinued, Der Standard online from April 11, 2013. Accessed December 21, 2016 .
  32. Ex-Patent Office boss with lawsuit against Gabriela Moser dismissed, Der Standard online from July 21, 2015. Retrieved on December 21, 2016 .
  33. ^ Hanna Kordik: Embarrassing farce about the patent office. Online edition of the daily newspaper Die Presse, August 30, 2013, accessed on December 21, 2016 .
  34. a b Decision of the Administrative Court, reference number Ro 2014/12/0023 from December 18, 2014. Accessed on December 21, 2016 .
  35. Former head of the patent office wanted 152,000 and lost before the Supreme Court. In: Online edition of the daily newspaper Der Standard. Retrieved July 28, 2016 .
  36. ^ Causa ex-patent office president Rödler - further damage minimization. Retrieved December 7, 2016 .