Bonum Certa Men Certa

AIPPI Sends Angry Letter to the Administrative Council Regarding the EPO's Attacks on the Boards and Staff Unions, Saying it Damages the EPO's Function and Reputation

AIPPI letter



Summary: Patent practitioners and their representatives are upset at the European Patent Office and specifically at Benoît Battistelli; they demand action by Jesper Kongstad, Chairman of the Administrative Council

EARLIER today the EPO's management probably felt a little nervous knowing that the Administrative Council (part of the European Patent Organisation that has the power to sack Benoît Battistelli) had gathered with delegates and received lot of input from peripheral stakeholders. Here is what AIPPI, a widely respected body, wrote and sent earlier today (emphaisis with large fonts is ours):



AIPPI

Vereniging voor Intellectuele Eigendom

Nederlandse groep van de Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI)

European Patent Organisation Administrative Council C/o Mr. Jesper Kongstad, Chairman Bob-van-Benthem-Platz 1 80469 Munich Germany

Also by e-mail: jko@dkpto.dk council@epo.org council_secretary@epo.org

The Hague, 16 December 2015

Dear Mr. Kongstad,

We are writing to you in your capacity as Chairman of the EPO Administrative Council. The Vereniging voor Intellectuele Eigendom, the Dutch group of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI), is highly concerned about recent developments at the European Patent Office and requests that you bring this letter to the attention of the entire Administrative Council.

"Even patent judges from across Europe have expressed criticism in this regard."For some time now there has been a debate about the independency of the EPO Boards of Appeal. These Boards have a final judicial say on the validity of European Patents in the sense that there is no further legal recourse if a patent is revoked by a Board of Appeal. Patents are valuable intellectual property rights and essential for a good climate for innovation in Europe. They enjoy the protection of a fundamental right under Article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). As such, applicants for patent protection and patent proprietors are entitled to an adjudication by an independent and impartial tribunal established by law under Article 6 of the European Convention on Human Rights.

The independence and impartiality of the EPO Boards of Appeal from the EPO executive, including the President of the EPO, is therefore crucial and does not allow for any compromise. Currently there are insufficient guarantees for the independence, which may also cause concern with regard to the impartiality. This has already been found by the Enlarged Board of Appeal itself and there is consensus among the interested circles that this needs to be improved. Even patent judges from across Europe have expressed criticism in this regard.

"Moreover, it seems that the President has misinformed the EPO Administrative Council on the involvement of the Boards of Appeal themselves in the development of this proposal."It is very worrying that the process towards more independence seems to be dominated by the President of the EPO who does not appear to take into account input from for instance the Boards of Appeal themselves. On 4 December 2015 the President of the EPO presented an updated proposal for the reform of the Boards of Appeal to Board 28. This proposal does not contain sufficient guarantees for the independence and impartiality of the Boards of Appeal, since the EPO executive and the President still have a role of oversight and managerial control in the new setting. Any control of the executive over the judiciary could be considered a violation of Article 6 of the European Convention on Human Rights and the underlying principle of the separation of powers, and is therefore unacceptable because there should be no doubt at all that the EPO Boards of Appeal are independent and impartial.

Moreover, it seems that the President has misinformed the EPO Administrative Council on the involvement of the Boards of Appeal themselves in the development of this proposal. That at least is the position taken by the Presidium of the Boards of Appeal in a letter to the Administrative Council of

Secretariaat AIPPI Nederland Lodewijk de Vromestraat 25,3962 VG Wijk bij Duurstede, The Netherlands tel. +31 343 575 397 - Fax +31 343 594 566 - e-mail: secretariaat@aippi.nl - www.aippi.nl ING rekening NL72INGB06616.09.340 - KvK 40413308




[page 2]

1 December 2015. The fact alone that the Presidium felt it necessary to send such a letter is highly unusual and very alarming indeed.

The ultimate consequence of these developments could be that national courts, and the future Unified Patent Court, do not consider themselves bound by decisions from the Boards of Appeal or even discard them as not constituting relevant case law. This would create a legal uncertainty which is highly undesirable.

"The damage that has been done to the EPO and its reputation, and to the interests of the European industry, can unfortunately be seen as a result of the conduct of the President of the EPO..."Additionally, an immediate effect is that the reputation of the EPO as an organisation which safeguards the interests of patent applicants and proprietors and of their competitors is at risk. We have noticed an increasing flow of negative publicity on these issues in the media, including high quality newspapers. The damage that has been done to the EPO and its reputation, and to the interests of the European industry, can unfortunately be seen as a result of the conduct of the President of the EPO, who seems to be unable so far to approach the issue in a balanced way with proper respect for the separation of powers.

Unfortunately, the public image that currently exists of the EPO is further damaged by another issue: the conflict on employment conditions, efficiency and “social democracy” at the EPO. We have no doubts that reforms are needed at the EPO. The Administrative Council has elected the President in full support of his roadmap and we do not question that roadmap as such.

"In fact, it appears that the right of EPO employees to organize themselves in unions is not recognized. Instead, it seems that union officials are investigated and even interrogated by an investigation unit and then suspended. These suspensions are accompanied by cuts in their salaries."However, in the execution of these reforms an increasing number of conflicts has arisen. As we understand from media coverage, but also from information obtained from persons who are directly involved, these conflicts are not handled in a way that enhances the probability of achieving workable results. Instead, the approach of the President towards these issues and conflicts tends to aggravate them without any necessity. The number and nature of the conflicts that we hear and read about appears to clearly exceed the limit of isolated incidents.

As we understand, there is no normal dialogue with the workers unions. In fact, it appears that the right of EPO employees to organize themselves in unions is not recognized. Instead, it seems that union officials are investigated and even interrogated by an investigation unit and then suspended. These suspensions are accompanied by cuts in their salaries. In our view, it is impossible to achieve any result in this way. There are also reports of numerous conflicts with other members of staff. An increasing number of repressive rules and regulations appear to have been introduced which do not seem to fit in at all with a modem professional organisation. All of this has led to an increasing number of staff demonstrations.

The way these issues are being handled by the President distracts the attention from the necessary reforms as such and instead leads all attention to the repressive approach chosen by the President. Again, this is leading to grave and maybe irreparable damage to the reputation of the EPO in Europe and abroad.

"Again, this is leading to grave and maybe irreparable damage to the reputation of the EPO in Europe and abroad."Because of these two issues, i) the endangering of the independence of the Boards of Appeal and ii) the way of handling of conflicts on employment conditions, which are both characterized by an intolerant approach by the President of the EPO so far, at least in the eye of the majority of the media, the position of the EPO itself has come at risk.

Regardless of which solutions should be adopted to guarantee the independent position of the Boards of Appeal and to resolve the social unrest at the EPO, it is imperative that the Administrative Council takes immediate action to terminate the destructive approach chosen by the President of the EPO.

We therefore urge and beg the Administrative Council to take control of the situation and prevent that further damage is done to the EPO.

Yours sincerely, On behalf of the Vereniging voor Intellectuele Eigendom,

Koen Bijank President

Wouter Pors Secretary

NB: to avoid a potential conflict of interest, we did not consult our board-members D.J. de Groot and T.H. Tanja-van den Broek



Kongstad recently did nothing when he had to chance to. If he fails to take action in spite of growing anger all around Europe, then maybe it's time to remove Kongstad too. He seems to be figuratively in bed with Benoît Battistelli.

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day