21/11/2015

[IPKAT] Plunging off the abyss -- or merely grinding to a halt? More bad news from Eponia

IPKAT comments on the governance of the EPO and sends a message to the members of the AC:

The institution for the governance of which you are legally responsible is teetering between malfunction and dysfunction.  From being a highly praised and much-admired organisation it has become a hotbed of suspicion, rumour, allegations of corruption and insurgency, accusation and counter-accusation.  It has lost the respect of a substantial number of users, employees and officers.  Its public relations policy -- if indeed it has one -- has failed to engage with the issues that concern the intellectual property community and which form a large part of its current agenda.  Its apparent inability to stem the exponential surge in staff disputes has all but brought the International Labour Organisation's mechanisms for dispute resolution to a grinding halt.  Its integrity has been increasingly questioned and its image has become a laughing stock and a byword for a dictatorial management style that has no place in an open, democratic Europe.

You, as members of the Administrative Council, are responsible both for the approval and formation of EPO policy and for its execution.  How many of you have sought and been given advice from your respective governments with regard to current events in Eponia? How many of you, in the light of your other commitments, have the time, the resources and the information to enable you to play an effective role within the Administrative Council?  How many of you can honestly say that you are happy with the present state of affairs? And how many of you are simply too scared to be able to stand up to the EPO's management?

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12/11/2015

EPSU/FNV joint letter: Abuse of immunity by the European Patent Organisation on the territory of the Kingdom of the Netherlands

The European Federation of Public Service Unions (EPSU) which represents more than 265 unions, and the Federatie Nederlandse Vakbeweging (FNV), the largest union in the Netherlands, have sent a letter to Mr Mark Rutte, Prime Minister of the Kingdom of the Netherlands.

The letter recalls that the judgment of Dutch Court of Appeal gave explicit instructions to the EPO which the EPO decided to ignore by raising an illicit immunity of execution objection: "breaches of fundamental workers' rights on the Dutch territory are a first serious embarassment for the Dutch government and that challenging the respect of these rights side by side with an obviously ill-run international organisation before the highest Court of the Netherlands is an even worse embarassment."

A copy of the letter was sent to the Dutch Foreign Office and Ministry of Economy, the Ambassadors of the 27 EU Member States in The Hague, Ver.Di (Berlin) and USF (Brussels).

Translations are available in French and German.

ex15417cpe (pdf) published 04/11/2015
ex15417cpf (pdf) published 04/11/2015
ex15417cpd (pdf) published 04/11/2015
03/11/2015

Motion by members of the Tweede Kamer of the Netherlands (Gesthuizen - SP and Kerstens - PvDA) concerning adherence by the European Patent Organisation to international legislation

Members of the Dutch House of Parliament (Tweede Kamer SP and PvDA) have proposed a motion (archive) concerning adherence by the EPOrg to international legislation. The motion was adopted on 15 October 2015:

"The House, having heard the deliberations, is of the opinion that the conduct of directors of international organisations which has no relationship to their international representation but which does result in a breach of national rules, should not be covered by diplomatic immunity; finds that in April 2014 the government presented a Plan of Approach with measures for taking more severe action against persons with diplomatic immunity who have breached the law of the Netherlands, finds that those measures only address traffic fines and criminal offences and do not address breaches of employee rights as established at the European Patent Organisation by the Court; requests the government, within the limits of the treaties, to do all that is possible to force the European Patent Organisation to adhere to international legislation, and proceeds to the order of the day."
Translations in English, French and German are available by scrolling through the document.

03/11/2015

Questions posed by a Belgian member of the European Parliament (Marc Tarabella - S&D) to the European Commission

Marc Tarabella, a Belgian member of the European Parliament has posed questions to the European Commission under the title "Graves problèmes de gouvernance à l'Office européen des brevets (OEB)".
Translations in English, German and Dutch are available by scrolling through the document.

02/11/2015

JUVE, "EPA: Nutzer kritisieren Reform der Beschwerdekammern"

JUVE reports on the results of the user survey concerning the planned reform of the Boards of Appeals:

"45 patent attorneys took part in the survey, 13 in-house attorneys, and 22 international associations and user organizations, among them BusinessEurope, EPI or Union-IP. They were keen on the idea of greater independence for the Boards of Appeal, but criticised the planned regulations for the appointment and reappointment of the Board members included in the reform proposal [...] In the evaluation of the user survey, the EPO speaks only of divided opinions on the issue ofvlocation. The members of the Boards of Appeal, by contrast, have always regarded the proposals for a change of venue as being a kind of punishment for their uncomfortable stance in the discussion."
Translations in English, French and Dutch are available by scrolling through the document.

ex15411cp (pdf) published 02/11/2015
29/10/2015

JUVE, "EPA-Disziplinarverfahren: 'Verwaltungsrat und Battistelli handeln ohne rechtliche Grundlage'" - Article of 29.10.2015

JUVE publishes an interview with Siegfried Broß, a former judge of the German Constitutional Court, who considers that the European Patent Organisation suffers from structural deficiencies requiring a conference of the Ministers of its member states:

"The disciplinary procedure against a member of the Boards of Appeal is unconstitutional [...] it does not respect presumption of innocence and [...] was initiated by the President of the EPO [...] The publication of discrediting allegations against the accused are totally unacceptable. [...] The Enlarged Boards of Appeal should refuse the request from the Administrative Council and stop the procedure in order to denounce the fundamental abuse. [...] An organisational separation of the Boards of Appeal from the management of the EPO should be seriously considered by the Administrative Council as it is necessary for the Unitary Patent."

ex15410cp (pdf) published 29/10/2015
26/02/2015

Judgment of the Dutch Court of Appeal

The Office has progressively and severely eroded a number of fundamental union rights. Having tried unsuccessfully to protect them through all other avenues, SUEPO The Hague(VEOB) and the EPO-wide umbrella organisation SUEPO Central (SUEPO) sought an injunction against the EPO with the Courts in The Hague.

The judgment can be found in the database and a printable version is available here.
Translations are available in English, French and German.

The outcome of the judgment and its consequences are detailed in this publication (fr, de).

January 2020 press articles

This document provides a non-exhaustive list of some articles, blog posts or videos published in January 2020 (sorted in reverse chronological order, not necessarily by relevance). Latest additions are highlighted in yellow:

 


Other press articles published related to Work/Labour - UPC - Unitary Patent - ILOAT etc.,

July 2020 press articles

This document provides a non-exhaustive list of some articles, blog posts or videos published in July 2020 (sorted in reverse chronological order, not necessarily by relevance). Latest additions are highlighted in yellow:

 


Other press articles published related to Work/Labour - UPC - Unitary Patent - ILOAT etc.,

OEB - Presentation partial results Technologia Survey 2020 - 200514-EN