24/03/2015

European Patent Office under fire over 'reign of terror'

Dutch News, a website for expatriates in the Netherlands, summarises the articles of NRC Handelsblad and de Volkskrant published on 21 March 2015.

23/03/2015

NRC Handelsblad, "Ik ben geen zonnekoning"

NRC Handelsblad published an interview(printable version) titled "I am not a Sun King" with Benoît Battistelli, President of the European Patent Office.
Benoît Battistelli considers that, the judgment of the Court of Appeal in The Hague is "a Dutch interpretation of International Law.""The Court had made a legal mistake [...] In addition to that, the Court has made a wrong interpretation of the facts."

Regarding the suicide of an employee who jumped out the window at the workplace in The Hague in 2013, Benoît Battistelli says that"There was no reason to assume a connection with his work. The Dutch police investigated and found out that it was clearly a suicide. We have no reason to do more. The Labour Inspectorate in the Netherlands has no reason to intervene in such a case. We are not a Dutch agency."

Regarding social dialogue, Battistelli concludes "I'm open. But we also have troublesome unions. A mix of French unions with German efficiency: a dangerous cocktail."

The interview was also published in the paper version of 21 March 2015.Translations in English, French and German are available by scrolling through the document.

23/03/2015

De Volkskrant, "Baas van Europese octrooiorganisatie voert schrikbewind"

De Volkskrant(printable version) reports on the "reign of terror" conducted by Benoît Battistelli over the European Patent Organisation.
The article points out that "the social conflit at the EPO has gone out of hand". "A suicide at the workplace was not investigated by the Dutch Labour Inspectorate which was not allowed to enter the EPO premises."

Concerning the governance issues, the article quotes that "Battistelli controls the flows of money, so [the delegations of the Administrative Council] would be crazy to contradict him.""Characteristic of the behaviour of Benoît Battistelli is the renovation of the tenth floor of the ISAR building which is said to have cost millions of Euros".

The article was also published in the paper version of 21 March 2015.Translations in English, French and German are available by scrolling through the document.

23/03/2015

NRC Handelsblad, "De arbeidsinspectie komt er bij het Europees Octrooibureau niet in"

NRC Handelsblad published an article (printable version) titled, "The Labour Inspectorate cannot enter the European Patent Office".
The article reports that "In 2013, an employee committed suicide by jumping out the window in Rijswijk. Also in Germany there were two suicides.""The Dutch Labour Inspectorate was not allowed to enter the premises and this has led to parliamentary questions."

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

22/03/2015

EPO human rights issues and EU patent (litigation) reform: questions and concerns

FOSS Patentsconsiders that, "the EU institutions should take a closer look at the current situation before the EPO starts to grant the EU unitary patent".

There are two key areas of concern:

  • the impact of the future UPC's rules of procedure on the tech industry, particularly companies that have to defend themselves against patents that wouldn't survive an invalidity challenge, and
  • the human rights conflict at the European Patent Office (EPO), which has recently escalated because EPO staff won a ruling form a Dutch appeals court but the Dutch government won't allow it to be enforced against the EPO for immunity reasons.

21/03/2015

Letter to Ministers of Member States of the European Patent Organisation

Pr. Liesbeth Zegveld, legal counsel of SUEPO The Hague has sent a letter to all member states' Ministers in charge of IP matters.

21/03/2015

Questions posed by a Dutch member of the European Parliament (Agnes Jongerius - PvdA) to the European Commission

Agnes Jongerius, a Dutch member of the European Parliament has posed questions (fr,de) to the European Commission under the title "Abuses at the European Patent Office in The Hague".

In a communiqué (en,fr,de) published by the European Federation of Public Service Unions, Agnes Jongerius asks, "Does Europe apply double standards?".

20/03/2015

Actions continue at the European Patent Office (EPO)

The governing body of the EPO will meet on Wednesday 25 and Thursday 26 March in Munich (Germany). On the agenda is a reform that allegedly should improve staff health. In practice it will seriously weaken the position of sick staff vis à vis the Office. Amongst others, the new regulations would oblige staff to remain at their place of employment during at least 10 years of full incapacity to work, before the Office will consider recognizing their invalidity. During this time they will need to request permission from their employer for every absence. According to SUEPO this is an impermissable infringement of their privacy.

On Wednesday 25 March 2015 a demonstration will take place in Munich in front of the EPO Isar building (Bob-van-Benthem-Platz 1) starting at 12.30h.

The demonstration aims in particular at the German delegation in the Administrative Council. As the representatives of a host country and of one of the founding Member States, the German delagation has a special responsibility towards EPO staff.

Staff of the EPO reproach the German delegation that it has thus far uncritically supported all previous reforms that in various ways infringed staff’s fundamental rights to freedom of speech, freedom of association, inviolability of the home and other.

15/03/2015

Pierre-Yves Le Borgn', "Office Européen des Brevets : à quand la sortie de crise ?"

Pierre-Yves Le Borgn', member of the French Parliament, has published an article (printable version) on the "deleterious social climate" and the "governance crisis" at the EPO.

In his view, the judgment of the Dutch Court of Appeal "would merit, at the very least, with regard both to its expectations and its consequences, a debate between the Member States within the Administrative Council" but Mr Battistelli has already "announced to the staff that theorganisation would not be submitting to the ruling by the Court". "When one has lost immunity from jurisdiction, it is futile to invoke despairingly immunity from enforcement."

Pierre-Yves Le Borgn' also makes a series of proposals to emerge from the cricis. These include an independent social audit, a conference of the ministers every two years (none took place since 2000), and that the exercise of the Chairing of the Administrative Council becomes incompatible with candidature for the Presidency of the EPO.

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

13/03/2015

Intervention of James Carver (MEP) at the European Parliament

James Carver, a British member of the European Parliament made an intervention on 11 March 2015 titled "European Patent Office breaches human rights and claimsimmunity".

The intervention is available on YouTube. A transcript is available here.