14/06/2015

Münchner Merkur, "Wie bei der FIFA oder in China - Europäisches Patentamt: Beschäftigte bespitzelt"

The Münchner Merkur(printable version) reports on the spying scandal at the European Patent Office:

"[E]mployees were tracked with spy software. Patent attorneys and members of the Administrative Council may also have been affected. [...]The goings-on inside the EPO nowadays resemble what was previously thought to only occur in China or at the FIFA.[...] As a result of the surveillance a member of EPO Boards of Appeal was suspended because he is alleged to have disseminated defamatory statementsabout the Office and its managers. [...] Meanwhile, it remains unclear whether or not the suspended EPO staff member was really guilty of defamation or whether he was merely stating the truth. His remarks reportedly referred to the EPO Vice-President, Zeljko Topic, and included allegations of corruption relating to his time at the Croatian Patent Office."

A similar article was published in the Badische Zeitung.A translation in English can be found by scrolling through the document.

14/06/2015

Süddeutsche Zeitung, "Europäisches Patentamt überwachte Mitarbeiter mit Keyloggern"

The Süddeutsche Zeitung (printable version) reveals a spy scandal at the European Patent Office.

Towards the end of last year, in the EPO ISAR building, "publicly accessible computers were placed under surveillance [...] by means of cameras and so-called keyloggers. This allows the recording of what the user types, which pages he accesses and how he communicates." These computers were "provided especially for the members of the Administrative Council" and "visitors to the Patent Office who typically sojourn on the first floor also include patent attorneys".

"The matter is also particularly sensitive because during the period in which the surveillance was being carried out the 142th Meeting of the Administrative Council also took place in the building, namely on 10. and 11. December 2014. In addition, the Budget and Finance Committee also met during the period in question. The computers are apparently located near the room where the Council meets."

Translations in English,French andDutch are available by scrolling through the document.The article was also published in the paper version of 9 June 2015.

14/06/2015

Huffington Post, "L'Organisation européenne des brevets, une zone de non-droit en Europe?"

The Huffington Post, a website partly owned by Le Monde, published a tribune signed by Members of the French Parliament, the French Senate and the European Parliament.The signatories regret that the success story of the European Patent Office is "now endangered since 2012 by authoritarian social policies which do not respect the fundamental rights of staff".

Translations in English, German and Dutch are available by scrolling through the document.

10/06/2015

Spy scandal - EPO hits the news in Germany

IPKat reports on the article of the Süddeutsche Zeitung, "Europäisches Patentamt überwachte Mitarbeiter mit Keyloggern" revealing a spy scandal at the European Patent Office and provides an English translation.

10/06/2015

Union Recognition: Investigation of staff representatives and/or union executives during trilateral talks

The external company, Control Risks, is performing interrogations of staff representatives and/or union executives at the initiative of the investigation unit, itself under the direct authority of President Benoît Battistelli. During the last meeting on union recognition, Jesper Kongstad, Chairman of the Administrative Council, took note of the issue, and declined to comment or act on this serious development. The investigations not only continue, but seem to have been extended to even more staff representatives, some of whom are active participants to the trilateral meetings.

In a letter to Mr Kongstad, SUEPO now asks him to react. A copy of the letter can be found here.

09/06/2015

de Volkskrant, "Octrooibureau zet detectives in tegen eigen medewerkers"

De Volkskrant(printable version) reports on the information that the EPO has commissioned the company Control Risks to investigate elected representatives of the Staff Committee and/or Staff Union.

This is the "the latest weapon to be added to EPOrg president Benoît Battistelli’s reign of terror" where "systematic investigations are being carried out on employees known to be active within unions orthose who have been chosen as staff representatives."

Translations in English, French and German are available by scrolling through the document.The article was also published in the paper version of 5 June 2015.

08/06/2015

Philip Cordery, "La Commissaire européenne, Elzbieta Bienkowska, répond à mon courrier concernant la situation de l'OEB"

Earlier in February, Philip Cordery, member of the French Parliament, had published an article (en,de) criticising the "antisocial policy of the EPO" and sent aletter (en,de)) to European Commisionner Elzbieta Bienkowska calling upon her to intervene.

Philip Cordery has now published the letter of reply (printable version) from Elzbieta Bienkowska. She wrote:

  • "The European Patent Organization (the "Organization"), of which the EPO is the executive body, is an independent international institution, which has no organic links with the European Union. [...] The Commission has only the role of an observer within [the EPO's Administrative Council].
  • "I have been informed of the social tensions which have transpired between the management of the EPO and the staff representatives, and which have been widely reported in the press."
  • "The EPO will be in charge of the issue and management of the Unitary European Patent. With this in mind, I have issued instructions to my staff who represent the European Commission as observers on the Administrative Council to monitor the developments of the situation closely."
  • "I have also requested the President of the EPO to make every effort to return to a constructive social dialogue."

Translations in English, German and Dutch are available by scrolling through the document.

06/06/2015

Independence of the Boards of Appeal - EPLAW and CCBE comment

The Council of Bars and Law Societies of Europe (CCBE) is the representative organisation of more than 1 million European lawyers through its member bars and law societies from 32 full member countries, and 13 further associate and observer countries.In a letter addressed to Mr Jesper Kongstad (Chairman of the Administrative Council) on 15 May 2015, CBBE comments on the Structural Reform of the Boards of Appeal proposed by Mr Battistelli. Among the concerns are:

  • "We would encourage the Administrative Council to seek its own independent legal advice on constitutional law. It should not rely on advice obtained by the President of the EPO."
  • "In the interests of perceived independence, it is highly desirable, both in dealing with these reforms and more generally, for any communications to be seen to come either from the Council or from the President, but not to be presented as a joint position."

The European Patent Lawyers Association (EPLAW) is"in full agreement with the comments" of CBBE and has sent them by letter to Mr Battistelli on 4 June 2015.

IPKat comments on these letters and still considers that relocating the Boards of Appeal in a different city from the rest of the EPO "would be folly".

05/06/2015

Nederlands Juristenblad, "Fundamental labour rights and immunity"

Nederlands Juristenblad, a Dutch legal magazine, published an article about the judgment of the Dutch Court of Appeal in the case SUEPO v EPO:

"The Court of Appeal in The Hague has created an international precedent in the case against EPO by rejecting the immunity of an international organisation in a collective labour law case, and also awarding the claims on their merits, based on the fact that the organisation in question violated fundamental human rights.This decision is important because it further institutionalises the accountability of international organisations.Unfortunately the Netherlands also showed itself at its most narrow-minded: the Minister instructed the bailiff to not enforce the judgement because the organisation enjoys immunity from enforcement under international law. This instruction not only erodes the separation of powers stipulated by the Constitution, it isn't an obligation under international law either: as is the case for immunity from jurisdiction, immunity from enforcement can only be granted if the organisation adequately protects fundamental rights."

Translations in English and French are available by scrolling through the document.

05/06/2015

Público, "La Oficina Europea de Patentes viola los derechos laborales, según los trabajadores"

Público, a spanish newspaper, published anarticle (printable version) titled"The European Patent Office is violating labour laws, according to the employees".

The article reports on the authoritarian drift of the European Patent Office under the presidency of Mr Battistelli with the introduction of aninvestigation unit (supported by Control Risks), the increase in disciplinary procedures and the violation of fundamental rights of staff with the latest health care reform (lack of confidentiality of medical records and house arrests for invalids).

Translations in English, French, German and Dutch can be found by scrolling through the document.