Bonum Certa Men Certa

EUIPO and the Shady Relation to the EPO

Too much secrecy for a supposedly democratic society

Men's shade



Summary: A lot of back room activity (limited access conferences, secret contracts, shady deals) muddies the water when it comes to EUIPO (formerly OHIM), EPO, and WIPO

FOR quite some time now we have been hearing about the EPO's relation to EUIPO, which is more or less a new name for an existing entity. It is always important to ensure that such European entities adhere to and comply with European interests, or more generally the interests of ordinary people all around the world rather than massive corporations (usually foreign). Recall the time patents were used to monopolise cancer treatments in Europe, harming cancer patients. As it turns out, based on new reports (e.g. [1, 2]), GSK considers not keeping a monopoly (using patents) on certain cancer treatments, at least in poorer nations. This is the kind of news people want to hear.



"It is always important to ensure that such European entities adhere to and comply with European interests, or more generally the interests of ordinary people all around the world rather than massive corporations (usually foreign)."IP Kat, which recently celebrated its 10,000th blog post, takes a look at this new book about law design and patents in Europe -- an interesting and dangerous cocktail or mix (to reuse Battistelli's words). It's not always clear whether design ripoffs can be prevented using trademarks, copyrights, patents, or some weird combination thereof. That's where EUIPO comes into play. Responding to this new article about Fordham 2016 (an event we mentioned critically in English last night and in Spanish this morning), one person wrote: “The most important outcome of such a get-together is what is the consensus on how we should be pronouncing EUIPO” (as if the name is what matters and as if it's to be determined in some closed echo chamber in New York, not even in Europe).

To quote IP Kat:

Dimitris Botis (Deputy Director of Legal Affairs at the newly named EUIPO) was next to discus the future of the EU trade mark system in particular the recent trade marks reform package consisting of Directive 2015/2436 and Regulation 2015/2424. The biggest change in substantive trade mark law is the deletion of the graphic representation requirement which means that it will be easier to register non-traditional marks. The exact impact of this change on filing practice and types of marks that can be accepted will not be seen until the implementing rules are issued on 1 October 2017. The second biggest change is to the functionality prohibition to "other characteristics". There is now also an express requirement for clarity and precision in specifying the goods and services that are specified for the mark. It will be based on the "natural and usual meaning" of terms (i.e .interpreted literally). The new fee structure and levels with a new "one-fee-per-class" system is also a big change. There has been a moderate reduction of the application fee and substantial reduction of renewal fees. Dimitris also pointed out that there is also new EU Certification mark which can be registered to ensure the certification of the quality, material, mode of manufacture etc, but cannot be used in relation to geographical origin. Institutionally, there will be changes in terminology - hello EUIPO! But its not just changes in terminology, there is a change in management structure. The changes will be taking on a more political taste (the EU Commission has two seats now). The new Regulation also requires more cooperation between the Member States. Trevor Cook from Wilmer Hale said the change are really only technical in nature and do not generate a huge impact on substantive trade mark law. Dimitris agreed but the technical changes will ensure more efficient operation.


Here is what Michael Loney wrote for MIP in New York:

Two firsts for Fordham: Dimitris Botis's debut and the first talk by someone from EUIPO (as OHIM was renamed on March 23). He summarises the changes in the EU trade mark package, on which there is a detailed session tomorrow afternoon.

He says the changes were "targeted amendments" to improve predictability and accessibility, and the most important is the abolition of the graphic representation requirement (effective October 1 2017).

Next up is Antony Taubman of WTO, who describes his logjam as "well-entrenched" with no work on the GI project for five years (for example). He's here in New York to "harvest ideas" he adds.


Interesting to know, as noted above, that OHIM was officially renamed on March 23rd as it was barely advertised. Judging by the name alone, the IPO might one day become an umbrella organisation for the Patent Office/Organisation, assuming that "IP" is really what it is (just an umbrella term for copyrights, trademarks, patents, and maybe also trade secrets).

"Interesting to know, as noted above, that OHIM was officially renamed on March 23rd as it was barely advertised."Some people inside the EPO are comparing Battistelli to Gurry (now best known for the WIPO scandals) and Campinos, who is rumoured to be a replacement for Battistelli and currently heads OHIM, aka EUIPO.

As one person chose to put it, "WIPO, OHIM, EPO: three of a kind?"

OHIM is probably an old name now, but here's how the analogy goes:

On 24 February, a US congressional hearing took place on the accountability of WIPO. The Head of WIPO, Francis Gurry, stands accused of serious misconduct and of retaliation against whistle-blowers, among whom is the chairman of the WIPO’s Staff Union, who was summarily dismissed a year and a half ago 1. The head of the third international property office, Mr Campinos, has thus far managed to stay out of the public eye. This may, however, be only a matter of time. We hear from staff at OHIM that he has a management style and disrespect for the rule of law that are very similar to those of Mr Battistelli. The three international IP offices have very different structures: the EPO is fully independent, WIPO is a UN agency and OHIM is an EU agency. They nevertheless seem to suffer from the same problems. How come? Maybe because the underlying causes are the same: a governing body that is almost entirely dependent on the head of the office for its information, lots of money and a lack of transparency that enables the head of the organisation to use that money to increase his personal influence, the whole topped up with immunity. Since the same causes tend to lead to the same effect, removing the responsible managers would not solve the problems. What is needed is a reform of the governance of these organisations, starting with more transparency and accountability – to the governing body and to the public.


Proper "transparency and accountability" -- as the above put it -- would at least inform the public about what the heck is going on at OHIM. There's just way too much secrecy. In the EPO, for example, contracts of top management are a closely-guarded secret, as are contracts with private companies such as Microsoft and Gemalto. These aren't public bodies. They act like private bodies [1, 2] which enjoy immunity from the law.

Expanding on the European Union IP Office (EUIPO), which makes it sound like part of the EU (unlike the EPO, which the EPC brought into existence):

Soon after Mr Battistelli took over, staff and the public were informed that bilateral agreements had been signed between the EPO and WIPO, and between the EPO and OHIM. It seems that the content of these agreements has never been made public. Glimpses can be found in other documents, e.g. CA/24/14 (points 51-57), for example, explains that the EPO will continue to participate as an observer in OHIM bodies and working group meetings. As far as we know, OHIM also has an observer in the meetings of the Administrative Council of the EPO.

On a more permanent basis, Mr Telmo Vilela, a former co-worker of Mr Campinos in the Portuguese patent office, was hired by the EPO in DG5 but was transferred to the President’s office as soon as the opportunity arose. Furthermore according to CA/24/14 (point 57) IT co-operation between the EPO and OHIM is foreseen with the aim of “paving the way for the implementation of projects and activities based on harmonization and interoperability”. Mr Campinos is also Mr Battistelli’s favorite candidate for his succession as President of the EPO. A final bit of information: OHIM will change its name to European Union Intellectual Property Office (EUIPO) later this month.


It is worth noting that Battistelli had attempted to be head of WIPO before he became ruler of EPO. There is certainly a great degree of overlap here, some potentially implicating Željko Topić, VP4 at EPO. One thing that Topić's SIPO has in common with the EPO and WIPO is staff suicides (usually dissenting voices).

There remains so much secrecy around these institutions (and extreme abuse against critics or people who 'dare' to explore the truth) that one must dig deeper and deeper. There's certainly a lot of material these people are eager to hide (because they're already hiding it, even when there's a deepening crisis).

Recent Techrights' Posts

Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
Microsoft Windows "Market Share" Measured Around 2.7% in Iraq, Plunges to 6.5% in Saudi Arabia
Microsoft isn't on the agenda in Iraq
Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
 
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025
Google Throwing Out the Search Engine With the Bathwater is a Complete and Utter 'Shi---ow' as the Company Drowns in Debt, Layoffs, and Worse
The mainstream media almost never mentions GAFAM debt
Operating Systems' Statistics in New Zealand: GNU/Linux Up, Windows Down to All-Time Lows
Remember all this when the media says that Microsoft became like 10 times more valuable in those 15 years (from 400 billion to 4,000 billion in alleged "worth")
GNU/Linux Share in Sweden Has Doubled Since PewDiePie, A Swede, Recommended It
months ago he moved to GNU/Linux, then told others to consider doing the same
GNU/Linux Hits Record High in Portugal
GNU/Linux picking up in Portugal
Gemini Protocol is Not Dying, It's Growing
When people say things like "Gemini Protocol is dying" the data does not support them
GNU/Linux is Thriving This Summer
It is meanwhile acknowledged, even by Microsoft pushers, that many GNU/Linux PCs will get sabotaged next month
The End of Microsoft's Reign in Spain: Windows Falls to All-Time Lows in Spanish Web Traffic
Windows sank to new lows in Spain
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux'
Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share"
Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows
Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs
Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US
Links for the day
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Over at Tux Machines...
GNU/Linux news for the past day
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025