IPKat reports on a letter of the Enlarged Board of Appeals (EBoA) to the delegations of the Administrative Council. This is unprecedented in the 40 year history of the EPOrg. The letter strongly argues that the recent suspension of member of DG3 was not validly imposed and that"The actions of the investigation unit on the orders of the President also appear to be a clear challenge to the judicial independence of the Boards of Appeal." A copy of the letter can be found here.

Two highly respected IP judges, Sir Christopher Floyd (Court of Appeal, England and Wales) and Robert van Peursem (Advocate General, Supreme Court of the Netherlands), took position against the house ban on a member of the Boards of Appeal (see IPKat).Their letter references the earlier letter from the Enlarged Board of Appeals (EBoA) members and expresses support for the position taken. They argue that the Board of Appeal members are judges and that interference by the President infringes basic principles of judicial independence, which the EPO cannot disregard.

Their position has then received the support of six additional national IP judges, all of whom also serve as external members of the Enlarged Board of Appeal. IPKat provides a link to the email sent by the Registrar of the Enlarged Board of Appeal to the delegates of the Administrative Council. Attached to the email are facsimiles of the original letter from Sir Christopher and Robert, as well as the supporting letters from Per Carlson and Ari Wiren.A copy of the document can be found here.

According to IAM Magazine, "The EPO is not structured to deal with the realities of a modern world that demands transparency and public accountability."

IP Watch reports on the concerns expressed over patent quality with the new performance-related career system and the judicial independence of the Boards of Appeal after the suspension of one of its members.

The decision of Mr Battistelli to suspend a member of the Boards of Appeal is well covered in the IP blogs(IPKat, JUVE and FOSS Patents).

Noticeably, FOSS patents and IPKat report on a letter sent to Christoph Ernst, Head of the German delegation and Federal Ministry of Justice, by Dr. Mueller-Stoy who worked for Microsoft, Amazon and major automotive companies.

In this letter, Dr. Mueller-Stoy urges the national governments controlling the EPO"to take measures which are appropriate for safeguarding the independence of the Boards (i.e., the EPO-internal courts)" in light of measures of President Battistelli that "ultimately discredit" the patent system as a whole. The penultimate sentence of the email describes the current situation at the EPO in drastic terms:

"In addition to these described developments at the Boards of Appeal, there seems to currently prevail an 'atmosphere of fear and terror' which results in numerous disciplinary procedures against unwelcome staff members of the EPO."

FOSS patents reports on an open letter sent by EPO employees to delegations of the Adminstrative Council and their ministries.The letter stresses that "EPO examiners will no longer be able to ensure appropriate quality standards" if the so-called New Career System (NCS) was put in place.

Those staff members oppose an "entirely performance-based career proposal" and say it runs counter to core European Union policy positions.For example, the European Commission's Industrial Property Rights Strategy for Europe of 2008 document noted that "[h}igh quality rights are an essential requirement for all aspects of the system – support for business including SMEs, facilitation of knowledge transfer and effective enforcement of rights to combat counterfeiting and piracy."

Strikes at the EPO continue. On Wednesday 10 December, additionally, a demonstration will take place in Munich.Staff will gather at 12h in front of the Isar building (Bob-van-Benthem-Platz 1).

The strike and demonstrations underline staff's claims to respect for

• The Rule of Law,
• Freedom of Association,
• Honest negotiation of reforms.

More details can be found in the SUEPO publication What does EPO staff want ?.
Translations in French and German are available.

IPKat reports on the suspension of a member of the Boards of Appeal who has been escorted from the building.Apparently, the grounds of suspension is alleged misconduct and the EPO's Investigation Unit has been instructed to examine the matter.

On Tuesday 2 December, in The Hague some 600 employees demonstrated in front of the French embassy. From there they marched towards the Danish embassy.On the same day in Munich an overwhelming 1350 employees, some with their families, gathered in front of the Pschorrhöfe building, making this the largest demonstration ever in the history of the Office. The demonstrators then marched peacefully to the local Palace of Justice.

Radio Bayern 5 made a brief reporton the Munich demonstration (podcast available here), starting at about 2:40).FOSS patents published an extensive report together with an analysis of governance issues in the EPO.

World Intellectual Property Review (articles of 02.12.2014 and 03.12.2014) andIPKat (posts of 02.12.2014 and 03.12.2014) also reported on the demonstrations.

The Frankfurter Allgemeine Zeitung reported in its article of 23 November 2014 on the continuing social unrest at the EPO and the demonstration in the streets in Munich.

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

Strikes at the EPO continue. On Tuesday 2 December, additionally, demonstrations will take place in The Netherlands and Germany in support of two colleagues who are facing disciplinary procedures for their work as staff representatives.

In The Netherlands EPO staff will demonstrate at 11.00h in front of the French Embassy in The Hague (Anna Paulownastraat 76, next to the Vredespaleis). From there staff will march towards the Danish Embassy (Koninginnegracht 30 in The Hague). This demonstration is meant to support their two threatened colleagues, respectively French and Danish, and to defend EPO staff's basic rights.

It is worth noting that the two organs of the European Patent Organisation, the EPO and the Administrative Council (AC), are respectively under the lead of French and Danish nationals: Mr Battistelli (EPO President) and Mr Kongstad (AC Chairman).

In Germany EPO staff will gather at 13.00h in front of the EPO Pschorrhöfe buildings in Munich to march to the local Palace of Justice (Prielmayerstra?e).

The strike and demonstrations underline staff's claims to respect of the Rule of Law, Freedom of Association and to good faith negotiation of ongoing reforms.