THE EPO, which established its own 'gestapo' (as staff calls it) [1, 2, 3, 4, 5, 6, 7] in order to behave like a state within a state (managed like a de facto monarchy) is apparently still preparing its happy/happiness propaganda, which will probably be pushed out through aggressive, high-budget (about $80,000 per month) reputation laundering campaign (leaked here last week).
Zentraler Personalausschuss Central Staff Committee Le Comité central du Personnel
02.12.2015 sc11915cp – 0.2.1/0.3.2/4.1
Why does the EPO need an investigator performing forensic activities?
With its vacancy notice published on 16.11.2015 under INT/EXT/5918 http://www.epo.org/about-us/jobs/vacancies/other.html , the EPO is looking for a staff member with some skills and a task profile very unusual for a public service employee in a patent office.
Among others the candidate shall have a master€´s degree in e.g. law, criminology, forensic science, fraud investigation, or related subjects, to carry out investigations into cases of alleged misconduct, in particular by: ..., performing forensic activities, gathering and assessing all relevant evidences (physical and electronic records and other pertinent information).
According to the Oxford Dictionary1, forensic means “Relating to or denoting the application of scientific methods and techniques to the investigation of crime”. A list of modern forensic techniques can be found in Wikipedia2, including dactyloscopy, DNA analysis and digital forensic.
Staff as well as external readers of this publication may wonder why the EPO needs, in addition to the currently six staff members in the Investigative Unit, one or two (this is not entirely clear from the job advertisement) permanent, full-time investigators for these specific duties, not to forget the costly intervention for unclear purposes of Control Risks€´ staff.
Basically, investigations of criminal cases are a monopoly of the state following, at least in democratic countries, well defined legal regulations (like the Strafprozessordnung StPO in Germany) under the supervision of the relevant prosecutors and courts. This secures also the rights of the accused. The respective regulations define for example the conditions under which DNA samples (see for example ۤ 81g StPO), finger prints and digital records may be taken and how long respective data may be stored.
What now, if indeed a suspicion of crime, like theft, fraud or murder, occurs at the EPO? According to Protocol on Privileges and Immunities of the European Patent Organisation (PPI), Art. 19 (2) the President of the European Patent Office has the duty to wave immunity where he considers that such immunity prevents the normal course of justice and that it is possible to dispense with such immunity without prejudicing the interest of the Organisation. Then official prosecutors can do their job under the respective rule of law.
Establishing, however, its own fully fledged prosecution unit, with relevant skills and equipment within the EPO, located in the direct line of command under the president, allows bypassing any national or European law protecting the rights of the accused individual. Moreover, the monopoly of the respective state to investigate potential cases of crime is set aside and prosecution activities are shifted into the Office with the consequence that national or European law does no longer apply.
Once again, this will deprive EPO staff from the application of legal standards every European citizen enjoys.
Your Central Staff Committee
______ 1 http://www.oxforddictionaries.com/definition/english/forensic
2 https://en.wikipedia.org/wiki/Forensic_science#20th_century
--Robert Frost