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.

13/03/2015

What actually happened at the December Administrative Council meeting?

IPKat reveals the minutes of the Administrative Council meeting of December 2014 in two posts:
  • Part I deals with the "house ban" controversially imposed on a member of the Boards of Appeal,
  • Part II deals with the "new career system" at the EPO.
"Readers from European Patent contracting states may wish to note how their own delegations responded to the EPO at this critical time. Bearing in mind that the delegations to the Administrative Council are effectively the legislature of the EPO and their primary constitutional function is to act as a check on the executive (namely the President and his management structure)."

11/03/2015

Philip Cordery, "La politique antisociale de l'Office Européen des Brevets condamnée par le Tribunal de La Haye"

Philip Cordery, member of the French Parliament, has published an article(en,de) criticising the "antisocial policy of the EPO" recently condemned by the Dutch Court of Appeal in The Hague.

In his view, Benoît Battistelli "has once again distinguished himself by rejecting a court decision from a democratic State, on the pretext that this would be contrary to the principle of immunity which the EPO enjoys"."It is now a matter of urgency for the management to realise that the EPO cannot be an area where law does not prevail, and that it must respectinternational working standards and the European Charter on fundamental rights."

In this spirit, Philip Cordery has called upon Guy Ryder, Director General of the ILO(Letter to Guy Ryder (en,de))and the European Commissioner Elzbieta Bienkowska(Letter to European Commissioner (en,de)), to intervene.

10/03/2015

Letter to Heiko Maas, Federal Minister of Justice and Consumer Protection

A SUEPO lawyer addresses Heiko Maas and informs him of the latest reforms and developments at the EPO.A copy of the letter and a translation in English are available.

08/03/2015

Questions posed by a Dutch member of the European Parliament (Dennis de Jong - SP) to the European Commission

Dennis de Jong, a Dutch member of the European Parliament has posed questions to the European Commission under the title "Rights of staff and ethical standards at the European Patent Office".

06/03/2015

Guidelines on Freedom of Expression

The Council of the European Union has adopted on 12 May 2014, Guidelines on Freedom of Expression Online and Offline.

05/03/2015

Accountability of international organisations for human rights violations

The Parliamentary Assembly of the Council of Europe has proposed a number of measures to increase the accountability of international organisations.These include holding States responsible for the actions of international organisations that they assist, contribute to, or of which they are members.

The Assembly invites all Council of Europe member States, and international organisations of which they are a part to formulate clear guidelines regarding the waiv er of immunity by international organisations or otherwise limiting the breadth of the immunity theyenjoy before national courts, in order to ensure that the necessary functional immunity does not shield them from scrutiny regarding, in particular, their adherence to non-derogable human rights standards.

The Report of the Committee on Legal Affairs and Human Rights from Mr José María BENEYTO is available here.

03/03/2015

European Patent Office Management places itself outside of European legal order

The European Federation of Public Service Unions (EPSU) which represents more than 265 unions has issued a communiqué.

The General Secretary of EPSU has directly addressed Benoît Battistelli and the Administrative Council.

Members of the European Parliament have posed questions.

03/03/2015

Questions posed by members of the Tweede Kamer of the Netherlands (Van Nispen and Ulenbelt - SP)

Members of the Dutch Social Party (SP) have posed questions (en,fr,de) to the Dutch Minister of Justice on 2 March 2015.

These questions serve as a complement to earlier questions (en,fr,de) posed by Kerstens and Maij (PvdA) on 27 February 2015.