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