In its 126th session the Tribunal delivered a total of 75 judgments, of which 17 concern the EPO. The good news of this session is that the Tribunal ordered Ion Brumme and Malika Weaver - who had been unlawfully disciplined for their work as staff representatives - to be fully restored in their previous positions. The same happened to a colleague in Berlin who had been dismissed. Two further disciplinary cases were remitted to the Organisation, which may count as a (very) partial win. But all other cases were lost. This paper presents the key cases and the problems, mainly: a lack of normative control and a clear bias in favour of the Organisation - to the detriment of staff.
Read more, here.
AT ITS 126th SESSION THE ILOAT SETS ASIDE THE DISCIPLINARY MEASURES WHICH EPO PRESIDENT BATTISTELLI INFLICTED ON THREE UNION REPRESENTATIVES
Union Syndicale Fédérale is relieved and delighted about the results of the 126th Session of the ILOAT. A number of EPO colleagues, arbitrarily downgraded or even dismissed won their cases again. Instead of damages, ILOAT ordered reinstatement in the dismissal cases, an indication that the EPO’s acts were not only flawed but seriously flawed.
Read more, here.
Translations are available in German and French.
THE ATILO SETS ASIDE THE DISCIPLINARY MEASURES WHICH BATTISTELLI INFLICTED ON ELS HARDON, ION BRUMME & MALIKA WEAVER
Read more here.
Open letter from June 7, 2018 of four leading patent law firms in Germany – Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner, addressed to outgoing EPO president Benoit Battistelli, the chairman of the Administrative Council Christoph Ernst, principal director user support & quality management Niclas Morey and future EPO president Antonio Campinos (who will start in office on 1 July 2018).
The letter can be read here.
This document provides a non-exhaustive list of some articles, blog posts or videos published in May 2018 (sorted in reverse chronological order, not necessarily by relevance). Latest additions are highlighted in yellow:
"‘EU should bring Unitary Patent system under its control’"(Kluwer Patent Blog, 08-05-2018).
The attached .pdf article has appeared in the May issue of the German current affairs magazine "Cicero" (published 26 April). Cicero is a monthly German magazine focusing on politics and culture. The magazine which has a liberal-conservative political stance is based in Berlin (see wikipedia link here and a link to Cicero Magazin Online here).
A .pdf document of the article published by Cicero Magazin in paper version with the title "Wo kein Richter... Internationale Organisationen bieten oft heißbegehrte Jobs. Doch es häufen sich Fälle von Willkür und Mobbing, weil rechtliche Immunität Sanktionen verhindert" can be read here.
Translations are available in English and French.
Position of ECHR President Guido Raimondi on the case law of the European Court of Human Rights on international Civil Service law.
The originally written French-language text of the speech is available here.
The English translation of the speech is available here.
The originally written French text as well as the English translation are both in .pdf format.
Author: Mr. Robin Silverstein
Publication Date: 2017
This paper focuses on the tensions between the privileges and immunities of intergovernmental organizations (IGOs) and the human rights of IGO staff members, and, more specifically, on the consistency of IGO internal justice systems (IJSs) with the human right to a fair hearing. As some of the more established IGOs enter their seventh decade of existence, more attention is being paid to deficiencies in their IJSs.
IGO staff members are required to first litigate staff grievances through an IJS before seeking relief before domestic courts. IGOs are immune from suits in domestic courts, so such courts will typically decline to exercise jurisdiction. This leaves IGO staff members in the lurch.
This paper tracks the development of the World Trade Organization (WTO) and United Nations (UN) IJSs. It assesses the consistency of these two IJSs with European court jurisprudence on the right to a fair trial. The paper concludes that WTO and UN IGO staff members are effectively being deprived of their right to have their civil rights and obligations determined before an independent and impartial tribunal. It concludes with a call for domestic courts, states and civil society to join together to pressure IGOs to bring their IJSs into conformity with the contours of the human right to a fair hearing.
This document provides a non-exhaustive list of some articles, blog posts or videos published in April 2018 (sorted in reverse chronological order, not necessarily by relevance). Latest additions are highlighted in yellow:
"On Ice And On Edge" (Juve.de, 01-03-2018). JUVE nr 03 April 2018 - Article on the EPO with an interesting survey - see page 7 to 12. The English .pdf version of page 7 to 12 is available here. The French translation of the .pdf version p.7 to p.12 is available here.
This document provides a non-exhaustive list of some articles, blog posts or videos published in March 2018 (sorted in reverse chronological order, not necessarily by relevance). Latest additions are highlighted in yellow:
"Liberaler Mittelstand fürchtet Patentflut & Qualitätsmangel" (rundschau.de, 23.03.2018). Translations are available in English and French.
"WIPR survey: EPO patent quality is endangered, claim readers" (WIPR, 26-03-2018).
"Europäisches Patentamt: Patentprüfer rebellieren gegen Qualitätsverluste" (Heise.de, 16-03-2018).
"Patent quality endangered by EPO management, claim examiners" (WIPR, 16-03-2018). French translation available here.
"Quarter of EPO examiners sign petition against product targets" (IPPro Patents, 15-03-2018). French translation available here.
"EPO staff committee argues against publication review" (IPPro Patents, 14-03-2018). French translation available here.
"Controversial EPO employment provision dropped" (WIPR, 06-03-2018).
"Now Europe's largest trade union squeezes Euro Patent Office's pips" (The Register, 01-03-2018). French translation available here.
"Stjerna: Unitary Patent system lacks envisaged advantages" (Kluwer Patent Blog, 15-03-2018). French translation available here.
"AfD will Gesetze zum europäischen Patentrecht aufheben" (Deutscher Bundestag. 06-03-2018).
"Why the roots of patent trolling may be in the patent office" (Arstechnica, 05-03-2018).