Exploring the role of the French delegation in the adoption of Battistelli's Vichyite "Strike Regulations".
At the 136th meeting of the EPO's Administrative Council in June 2013, the French delegation was headed by Yves Lapierre who was assisted by his deputy Fabrice Claireau.
"From this it would appear that Lapierre did not have much prior experience in "IP" matters before taking over the top job at the INPI."Before becoming head of the INPI, Lapierre had worked at the French Atomic Energy Commission (Commissariat à l’énergie atomique - CEA). Between 2003 and 2010 he was employed at AREVA, a French multinational group headquartered in Paris and specializing in nuclear power and renewable energy.
From this it would appear that Lapierre did not have much prior experience in "IP" matters before taking over the top job at the INPI. Same as Battistelli for that matter. It seems that he was mostly reliant on the guidance and counsel of his subordinates for the purpose of running the national "IP" office.
The French representatives: head of delegation Yves Lapierre and his deputy Fabrice Claireau.
Fabrice Claireau served as the INPI's Director of Legal and International Affairs under Benoît Battistelli from 2004 onwards. Source: INPI Annual Report 2006.
"Of particular significance here is that Claireau had already served in this capacity under Battistelli during the latter's tenure as head of the INPI between 2004 and 2010."Some time later in April 2016 - after the Administrative Council had passed a resolution trying to reign in Battistelli and curb his abusive actions toward EPO staff - Lapierre made a statement to the French press in which he confirmed the official French view that the "reforms" being pursued by Battistelli were necessary and that it was important to implement them.
On that occasion he did manage to express some disquiet about the manner in which these "reforms" were being implemented: €«les réformes sont nécessaires, il est important de les mettre en place, mais ce qui m’interroge, c’est la manière€».
"Given Claireau's key "advisory" role in relation to EPO affairs, it's hardly surprising that the French delegation under Lapierre gave its unquestioning support to Battistelli and voted in favour of his Vichyite "Strike Regulations" in June 2013."It's not quite clear what exactly Lapierre intended to convey here, apart from trying to salve his own guilty conscience.
If you are prepared to advocate and rubber-stamp "reforms" which abrogate fundamental rights - which is exactly what Lapierre and his peers on the Administrative Council did in June 2013 - then you are essentially paving the way for abuses of authority and a deleterious social climate. It makes no sense whatsoever to call such measures "necessary" while at the same time purporting to deplore their inevitable consequences.
Lapierre's term at the head of the French INPI ended when he retired in November 2016.
As for Claireau, he had departed from the INPI sometime earlier, towards the end of 2014.
By a strange "coincidence" Claireau resurfaced shortly afterwards at the EU trademark agency OHIM/EUIPO in Alicante where he was appointed [PDF] as chef-de-cabinet to the agency's Executive Director, António Campinos. The chef-de-cabinet is responsible for the "cabinet" which assists and advises the Executive Director in the general running of the agency and the implementation of its strategy.
"...it's difficult to avoid the impression that Claireau received his new position in Alicante as a reward for his services as Battistelli's faithful "mole" on the French EPO delegation from 2010 onwards."It's not clear how exactly Claireau managed to get this job because no vacancy notice can be found. It thus remains unclear whether the position was filled by means of an open competition or whether Claireau was simply parachuted into it by his cronies in the "European IP Network".
In any event, it's difficult to avoid the impression that Claireau received his new position in Alicante as a reward for his services as Battistelli's faithful "mole" on the French EPO delegation from 2010 onwards.
Claireau's appointment to such a senior position in Alicante indicates that is part of the inner "circle of trust" of the Battistelli-Campinos clique which has come to dominate both the EPO and EUIPO to the detriment of their good governance.
Claireau (left) with EUIPO "Special Advisor" Martti Enäjärvi (right) at a WIPO Symposium in Krakow (2011).
"The SGAE where Claireau now works is a French government body under the direction of the Prime Minister. It is responsible for inter-ministerial coordination in European affairs and its function is to ensure the coherence and unity of France's position in relation to the EU and OECD."More recently, Claireau was spotted with Richard Yung, a former Principal Director in the EPO's International and Legal Affairs Directorate who now heads the French National Anti-Counterfeiting Committee (CNAC).
During the Battistelli era at the EPO, Yung was openly critical of his compatriot's excesses. More recently, he seems to have become a rather uncritical cheerleader for the French branch of Team UPC.
In May 2021, together with Max Brunner, an official from the French Ministry of Justice, Claireau and Yung conducted an inspection of premises which have been earmarked for the French division of the Unified Patent Court (UPC).
Fabrice Claireau (left) inspecting premises earmarked for the UPC in Paris in the company of Richard Yung (right) and Max Brunner (centre) from the French Ministry of Justice.
"In May 2021, together with Max Brunner, an official from the French Ministry of Justice, Claireau and Yung conducted an inspection of premises which have been earmarked for the French division of the Unified Patent Court (UPC)."As far as Lapierre and Claireau are concerned, one thing which can be said without fear of contradiction is that during their time on the EPO's Administrative Council neither of them showed any particular concern for their duty of care to EPO staff.
The inimitable duo were more at home rubbing shoulders with high-ranking representatives of French industry such as Yves Carcelle, CEO of Louis Vuitton, which forms part of the luxury goods conglomerate LVMH controlled by the prominent French plutocrat Bernard Arnault.
Claireau (left) and Lapierre (right) posing for a photo-op with Louis Vuitton CEO Yves Carcelle (centre) in 2010.
"As far as Lapierre and Claireau are concerned, one thing which can be said without fear of contradiction is that during their time on the EPO's Administrative Council neither of them showed any particular concern for their duty of care to EPO staff."In the case of Battistelli's "Strike Regulations", Spain and Portugal followed the lead give by France and voted in favour. However, as we shall see in due course, Italy decided to withhold its support by abstaining.
In the upcoming parts we will take a look at the Spanish and Portuguese delegations and we will return to the Italian delegation in a later part of the series. ⬆