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12.15.18

The European Patent Organisation (EPO) Loses Legitimacy If (or When) Christoph Ernst Becomes Subservient to António Campinos

Posted in Europe, Patents at 12:10 pm by Dr. Roy Schestowitz

Reinforcing the idea that the European Patent Office controls the European Patent Organisation and not the other way around (as originally intended)

Jesper Kongstad and Battistelli working together

Summary: The structural deficiencies of the EPO, where separation of powers does not quite exist, is further pronounced by the imminent role of Christoph Ernst, who gets ‘demoted’ from pseudo-boss of Campinos to a mere assistant of his

IMAGINE the response from the American public if the Director of the U.S. Patent and Trademark Office (USPTO) directed Donald Trump or Theresa May directed the European Union. That doesn’t make sense, does it? Well, things don’t make sense at all when it comes to the European patent system, where people who constantly attack judges want to boss judges and even control all the European patent courts (UPC).

“It was previously demonstrated that Bergot had sent threatening letters and now is a bad time to get on the ‘naughty list’ of the Office, which is cutting staff figures (longterm hiring freeze, many early retirements and even controversial sackings).”It is regretful that people who grant European Patents lost their voice. Their representatives must ask permission to speak or issue a publication. The union, which represents most of these people, is afraid to speak. No word from SUEPO about the European Patent Office (EPO) in nearly 3 weeks now. Unusual silence (long interval), probably suggestive of intimidation and (self) censorship. It was previously demonstrated that Bergot had sent threatening letters and now is a bad time to get on the ‘naughty list’ of the Office, which is cutting staff figure (longterm hiring freeze, many early retirements and even controversial sackings).

It has meanwhile been (and is still being) heralded that Kratochvíl will be the next lapdog of the body he 'governs' (just like his two predecessors, starting with Jesper Kongstad; see his letter at the top). The following new article points out that Christoph Ernst becomes assistant to the man he 'bossed', António Campinos. How is that even possible? It creates several conflicts (past, present and future because pillars are indebted to one another, not independent as they ought to be). To quote:

Kratochvíl replaces Christoph Ernst who was appointed vice-president for Directorate General Legal and International Affairs at the European Patent Office (EPO).

He will begin his tenure on 1 January 2019 for a term of three years. Until then, he will continue in his role as deputy chairman of the council. He will remain president of the Industrial Property Office of the Czech Republic.

The following new report from WIPR (World Intellectual Property Review) quotes some propaganda from the ‘IP’ [sic] ‘industry’ [sic] in the Czech Republic.

Michal Havlik, partner at Všetečka Zelený Švorčík Kalenský & Partners in Prague, Czech Republic, said that Kratochvíl has a “superb” background and, with more than 30 years of day-to-day experience with patents, he has the technical and legal expertise necessary for the role.

Kratochvíl is currently serving as deputy chairman of the AC, and he is also the president of the Industrial Property Office of the Czech Republic. He will begin his three-year tenure as chairman on January 1, 2019.

Havlik said: “Under his leadership, the appellate body of the Czech Industrial Property Office has developed case law that carefully balances the rights [sic] of IP [sic] owners [sic] and legitimate interests of other stakeholders in the IP [sic] system.”

Will Kratochvíl speak about the decline in patent quality (let alone acknowledge the issue)? Time will tell, but we doubt it. He will probably be another Ernst, stonewalling for Battistelli and Campinos. Why not just abolish the European Patent Organisation and quit pretending that the Office has some form of oversight? The same goes for ILO. As it stands at present, the management of the Office does anything it wants. The rest of just a dog and pony show.

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