2014 suspension of a member of the Boards of Appeal of the European Patent Office

EPO headquarters in Munich, Germany

In December 2014, the Administrative Council of the European Patent Organisation suspended a member of the Boards of Appeal of the European Patent Office (EPO), the judiciary of the EPO. The decision was taken at the Administrative Council's meeting held on 10 and 11 December 2014 in Munich, Germany. The suspension is unique in the history of the EPO.[1] The Board member was originally suspended until 31 March 2015, for alleged misconduct "[a]s a precautionary and conservative measure" pending an investigation of the matter.[1][2][3] According to the French newspaper Les Échos, the Board member is accused of having launched a smear campaign against Željko Topić, one of the Vice-Presidents of the EPO.[4] The suspended Board member's name has not been made public. According to the German magazine JUVE, he is a member of Board 3.5.05.[5]

The actual suspension by the Administrative Council followed a controversial move, by Benoît Battistelli, the current President of the EPO, to issue the Board member with an exclusion order prohibiting him from entering the premises of the EPO, his workplace.[5] On December 3, 2014, the Board member "was escorted out of the [European Patent] Office by [its] investigation unit, which reports to Battistelli."[6] In reaction, a number of members of the Enlarged Board of Appeal, the highest body of the EPO judiciary, wrote to the Administrative Council to express their concerns over this move, regarded as challenging the judicial independence of the Boards of Appeal.[2][3][5][6][7] Benoît Battistelli stated that he acted "in accordance with the rules at all times" and that he was "absolutely committed to the independence of the [EPO's] judiciary".[8]

Following an internal investigation, the Administrative Council requested in October 2015 the Enlarged Board of Appeal to make a proposal for the removal from office of the Board member, pursuant to Article 23(1) EPC and Article 12a of the Rules of Procedure of the Enlarged Board of Appeal.[9][10] This is the first dismissal procedure instituted against a member of the Boards of Appeal in the history of the European Patent Office.[10]

References

  1. 1 2 Council Secretariat (of the Administrative Council of the European Patent Organisation) (12 December 2014). "Communique on decisions taken by the Administrative Council at its 142nd meeting concerning senior employees and appointments and reappointments to the Boards of Appeal". European Patent Office. Retrieved 13 December 2014.
  2. 1 2 Klos, Mathieu (12 December 2014). "Skandal im EPA: Verwaltungsrat stärkt Präsident Battistelli den Rücken" [Scandal at the EPO: Administrative Council backs President Battistelli]. JUVE (in German) (JUVE). Retrieved 13 December 2014.
  3. 1 2 "Administrative Council backs latest EPO suspension". World Intellectual Property Review (WIPR). 12 December 2014. Retrieved 13 December 2014.
  4. ↑ Madelin, Thibaut (12 December 2014). "Tensions à l'Office européen des brevets" [Tensions at the European Patent Office]. Les Échos (in French). Retrieved 13 December 2014.
  5. 1 2 3 Klos, Mathieu (9 December 2014). "Skandal im EPA: Druck auf Präsidenten wächst nach Hausverbot für Richter" [Scandal at the EPO: Pressure on the President is increasing after exclusion order for judge]. JUVE (in German) (JUVE). Retrieved 13 December 2014.
  6. 1 2 Nurton, James (9 December 2014). "Is the EPO in crisis?". Managing Intellectual Property. Retrieved 13 December 2014.
  7. ↑ Merpel (8 December 2014). "Breaking News: Enlarged Board appeals - direct to the Administrative Council". IPKat. Retrieved 13 December 2014.; Merpel (10 December 2014). "Leading European IP Judges join the chorus of condemnation". IPKat. Retrieved 13 December 2014.; Merpel (11 December 2014). "Six more judges criticise Battistelli's actions". IPKat. Retrieved 13 December 2014.
  8. ↑ Wild, Joff (12 December 2014). "EPO president defends his actions and achievements in the face of mounting criticism". IAM. Globe White Page Ltd. Retrieved 13 December 2014.
  9. ↑ "145th meeting of the Administrative Council of the European Patent Organisation (Munich, 14-15 October 2015)". Munich: European Patent Office. 15 October 2015. Retrieved 18 October 2015.
  10. 1 2 Geimer, Christina; Klos, Mathieu (16 October 2015). "EPA: Amtsenthebungsverfahren gegen Mitglied der Beschwerdekammer eingeleitet" [EPO: Dismissal procedure initiated against member of the Boards of Appeal]. JUVE (in German) (JUVE). Retrieved 24 October 2015.

Further reading

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