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02.22.16

“Bavarian Government is Unable to Become Involved in the Business Operations of Supra-national Organizations” Like EPO

Posted in Europe, Patents at 10:34 am by Dr. Roy Schestowitz

It must be fun being above the law…

Willy Minnoye caricature

Summary: The European Patent Office (EPO) continues to enjoy the protection of the German political system, which clearly has little or no interest when it comes to ending the EPO’s abuses

Earlier today we noted that Germany cannot be entrusted to handle the patent system (examination, courts, and so on) for various reasons including self interest. As further evidence of the problem consider the latest SUEPO update which states: “Surrounding the demonstration planned in Munich on 20 January, SUEPO Munich sent a letter to Herrn Ministerpräsidenten Horst Seehofer. A reply has been received on 5 February by Dr. Marcel Huber, MdL Minister of State. Translations of the reply are provided in English, French and Dutch.

The tldr; version of the below is, I didn’t attend and can’t do anything, but will circulate the concern. It’s not entirely pessimistic but it’s not optimistic either. It’s like a template response one typically receives from politicians or reasonably apathetic national delegates. Here is the full version contained in the PDF:

Chief Executive of the Bavarian State Chancellery
Minister of State for Federal Affairs and Special Tasks
Dr. Marcel Huber, MdL (Member of the Provincial Government)

By E-mail
else_marianne@yahoo.com

Bavaria.
The Future

Chair of SUEPO Munich
Dr. Elizabeth Hardon
P.O. Box 31 02 07
80102 Munich

Your communication of
Your Ref.

Our communication of
Our Ref. B II 3–1353-872-279

Munich, 05.02.2016
Direct line: 089 2165-2290

SUEPO Demonstration on 20 January 2016

Dear Madam, Chair of SUEPO

I wish to thank you for the presentation of your petition on 20.01.2016. Due to the closed meeting lasting several days of the CSU fraction of the Provincial Parliament in Wildbad Kreuth, I regret that it was not possible for me to receive your petition personally. I have nevertheless read this with care, and I have been fully informed of the course of the demonstration and of your demands.

The Munich patent centre enjoys an outstandingly fine reputation in Germany and Europe, and the employees of the EPO have played a major part in achieving this. Nevertheless, I
must ask for your understanding that the Bavarian Government is unable to become involved in the business operations of supra-national organizations. I have, however, been informed by the State Ministry of Justice that my colleague, Minister of State Prof. Dr. Winfried Bausback, MdL, has raised the issue of your concerns in a discussion with the Federal Minister of Justice. The problems within the EPO are known to the Federal Ministry of Justice and Consumer Protection, and active efforts are in hand there towards improving the situation and reviving the social dialogue.

I have forwarded a photocopy of your petition and of this letter to my colleague, Minister of State Prof. Dr. Winfried Bausback, MdL, such that your arguments will also be taken into
account there.

With my best regards
Signed
Dr. Marcel Huber, MdL
Minister of State

What good is the rule of law when it cannot be enforced and arrogant people like Minnoye openly state that they would not obey court orders? Why isn’t Germany taking action here? Just look how its media, as usual [1, 2], totally ignored the latest protest in Munich and recall the element of patent lobbying in the German justice system [1, 2]. Bavaria and by extension Germany is becoming a facilitator of a banana republic, EPOnia.

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