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06.30.17

The EPO Has Officially Confirmed That Christoph Ernst Will ‘Boss’ (and Soon Replace) Battistelli

Posted in Europe, Patents at 12:33 am by Dr. Roy Schestowitz

Mathieu Klos from Juve (photo below) got an important confirmation

Mathieu Klos‏

Summary: Now that Ernst’s appointment is official (effective within a few months), it remains to be seen where he stands regarding Battistelli, the staff representation, the defunct UPC campaign and more

THE EPO never speaks to us. In fact, it blocked us from its network not because we published incorrect things but because our reporting offers ‘too much’ transparency — something that Battistelli and his goons are unable to tolerate. They are incapable of introspection.

“A new comment has just said that the new (or next) Chairman of the Administrative Council “did not appear to show any particular concern for” last week’s suicide in “his home country” (Germany).”We don’t think that things will improve after this week’s meeting at The Hague. We said so all along. A new comment has just said that the new (or next) Chairman of the Administrative Council “did not appear to show any particular concern for” last week's suicide in “his home country” (Germany).

To quote in full:

Mr Ernst is a man with a proven record of performance

Yes indeed.

It’s quite telling that the strongest intervention concerning the recent suicide in Munich at yesterday’s AC meeting came from the Dutch delegate …

Mr. Ernst did not appear to show any particular concern for an incident which happened on the territory of his home country … true to form …

To remove any doubts about Christoph Ernst’s upcoming role, Mathieu Klos‏ from Juve asked the EPO (citing Techrights) and then wrote that “@EPOorg confirms Christoph Ernst from German Ministery [sic] of Justice is new Chair of Administrativ [sic] Council…”

“In the long disciplinary proceedings against a suspended judge of the Boards of Appeal, there has been no decision. Apparently, the judge will not be re-appointed by the Administrative Council after the end of his term.”Finally, to our surprise, someone else covers it. Not a single article (yet) about today’s strike, except in IP Watch. Not even the EPO said anything (anywhere!)…

The article from Klos‏ is a well-informed one, as Klos‏ and a colleague have long covered EPO scandals (not puff pieces). “I noticed that SUEPO published the article,” one reader told us about SUEPO, “and my guess is that it will take just a few days before translations are published.”

Either way, we looked at the text of the article (we were first to cover this news) and picked out some interesting bits, namely:

  • Ernst is within the Ministry of Justice responsible for the UPC.
  • Ernst is currently the head of the German delegation at the Administrative Council of the European Patent Office. The lawyer manages the unit for commercial and business law, which is also responsible for the EPO and the UPC preparations as Assistant Director in the Federal Ministry of Justice. It is unclear whether his appointment as Chair of the Administrative Council is somehow connected to the constitutional complaint against the German law related to the Unified Patent Court (UPC). Currently, it blocks the German ratification of the UPC.
  • Regarding the grounds of appeal, the Federal Constitutional Court is completely silent (currently). In professional circles it is suspected that the grounds of appeal are something about the EPO’s own court as the Boards of Appeal are not independent enough and lack a legal hearing. Therefore, at least four constitutional complaints in Karlsruhe have been pending for a long time. The EPO may, in the future, give the new EU patents, which then establish the UPC. Former Federal Constitutional Law Prof. Dr. Siegfried Broß therefore recently classified the situation at the EPO in a JUVE interview as a constitutional concern.
  • Regarding the “New job: finding Battistelli’s successor,” the article says that Ernst is just at the beginning of his term but already facing difficult tasks: the relationship between the Trade Union’s leadership and Battistelli is regarded as broken. Also, some controversial disciplinary proceedings are pending — especially against former heads of the influential Trade Union SUEPO. In the long disciplinary proceedings against a suspended judge of the Boards of Appeal, there has been no decision. Apparently, the judge will not be re-appointed by the Administrative Council after the end of his term. Above all, the most difficult task for Ernst will be to find a successor for Battistelli. His term ends in June 2018 and a successor has to be found by then.

Can someone out there translate the whole article for us? In case SUEPO does not publish a translation?

We shall cover the UPC in our next post, having already written about Ernst's connection to the UPC last year. Vigilance is crucial now.

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A Single Comment

  1. One of those... said,

    June 30, 2017 at 2:17 am

    Gravatar

    Yes, the contract has not been renewed.
    Which is final prove of lack of independency of the “judges” at the EPO.

    This is a disciplinary measure without any disciplinary procedure.
    Suspending an employee without reason, and a lack of a running disciplinary procedure is a lack of reason, amounts to gross negligence of the EPC by the Administrative Council.

    The lack of access to independent judges for his case is also a problematic issue for the employee of the EPOrg.

    If any company did this, the judges and public prosecutors would take the company, the CEO and the supervisory boards apart, and likely send them to jail.

    But the EPO and the executive head and the members of the AC are all diplomatically immune.
    Lucky them.

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