10.15.21

The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli’s Iberian Facilitators – Spain

Posted in Europe, Patents at 4:29 pm by Dr. Roy Schestowitz

Series parts:

1. The EPO’s Overseer/Overseen Collusion — Part I: Let the Sunshine In!
2. The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?
3. The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes
4. The EPO’s Overseer/Overseen Collusion — Part IV: The Founding States
5. The EPO’s Overseer/Overseen Collusion — Part V: Germany Says “Ja”
6. The EPO’s Overseer/Overseen Collusion — Part VI: A Distinct Lack of Dutch Courage
7. The EPO’s Overseer/Overseen Collusion — Part VII: Luxembourgish Laxity
8. The EPO’s Overseer/Overseen Collusion — Part VIII: Perfidious Albion and Pusillanimous Hibernia
9. The EPO’s Overseer/Overseen Collusion — Part IX: More Holes Than Swiss Cheese
10. The EPO’s Overseer/Overseen Collusion — Part X: Introducing the Controversial Christian Bock
11. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” – Battistelli’s Swiss Apprentice?
12. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection
13. YOU ARE HERE ☞ Battistelli’s Iberian Facilitators – Spain

António Campinos (centre) flanked by Christian Archambeau (left) and Patricia García-Escudero Márquez (right).

Summary: The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries

Back in June 2013, the Spanish delegation on the EPO’s Administrative Council was headed by Patricia García-Escudero Márquez.

García-Escudero was appointed as Director-General of the Spanish Patent and Trademark Office (OEPM) in 2012 after Alberto Casado Cerviño had been “rewarded” with a position as EPO Vice-President. Casado Cerviño was a close ally of Battistelli on the EPO’s Administrative Council and he had acted as ad interim Chairman of the Council for the duration of the protracted election procedure which ended in March 2010 with Battistelli’s appointment as the President of the Office (effective as of 1 July 2010).

“Casado Cerviño was a close ally of Battistelli on the EPO’s Administrative Council and he had acted as ad interim Chairman of the Council for the duration of the protracted election procedure which ended in March 2010 with Battistelli’s appointment as the President of the Office (effective as of 1 July 2010).”García-Escudero is known to have close associations with the upper echelons of the notoriously corrupt Spanish conservative party Partido Popular (PP). Her brother, Pío García-Escudero Márquez the 4^th Count of Badarán, is a prominent PP member who served as the Speaker of the Spanish Senate between 2011 and 2019.

There is evidence to suggest that García-Escudero’s installation as head of the OEPM was a purely political appointment which was tainted by serious formal irregularities.

“There is evidence to suggest that García-Escudero’s installation as head of the OEPM was a purely political appointment which was tainted by serious formal irregularities.”In any event, during her time on the EPO’s Administrative Council García-Escudero was very much a “captured delegate” who always gave unquestioning support to Battistelli. She was generally regarded as one of his most loyal and subservient "pet chinchillas" on the organisation’s governing body.

In 2016 García-Escudero was rewarded by Battistelli with a position on the EPO’s Boards of Appeal Committee (BOAC). The BOAC is a sub-committee of the EPO’s Administrative Council which is responsible for supervising matters relating to the EPO’s Boards of Appeal.

Head of the Spanish delegation in 2013: Patricia García-Escudero Márquez.

During her time as head of the Spanish OEPM García-Escudero was also a significant figure in the affairs of the EU trademark agency OHIM/EUIPO in Alicante.

“In 2016 García-Escudero was rewarded by Battistelli with a position on the EPO’s Boards of Appeal Committee (BOAC). The BOAC is a sub-committee of the EPO’s Administrative Council which is responsible for supervising matters relating to the EPO’s Boards of Appeal.”On 1 January 2017, she succeeded the well-connected "IP" maximalist Mihály Ficsor as Chair of EUIPO’s Management Board. This is the governing body of the EU trademark agency which has a function similar to that of the EPO’s Administrative Council.

In 2018, García-Escudero was rumoured to be a possible contender to succeed António Campinos as the Chief Executive of EUIPO.

However, in the end she did not throw her hat into the ring and the position went to the Belgian Christian Archambeau. Archambeau was a former Principal Director at the EPO from where he had been seconded to the EUIPO in December 2010. In Alicante he was installed as second-in-command to the new EUIPO boss António Campinos.

“Because García-Escudero was closely linked to the disgraced PP, the installation of the new PSOE-led government signalled the end of her career at the OEPM.”García-Escudero’s failure to secure the top job in Alicante was probably related to domestic political convulsions which were taking place in Spain at more or less the same time as the EUIPO succession race.

On 1 June 2018, the PP-led government of Mariano Rajoy was toppled by a motion of no confidence. The motion of no confidence was tabled by Pedro Sánchez, the leader of the Spanish Socialist Workers’ Party (PSOE), after a court ruling according to which the PP was found to have profited from the illegal kickbacks-for-contracts scheme of the Gürtel case.

“On 25 June 2018, it was announced that the incoming government had appointed José Antonio Gil Celedonio as the new director of the OEPM.”After the collapse of the PP-led government, a new PSOE-led government headed by Sanchez was formed on 7 June 2018.

Because García-Escudero was closely linked to the disgraced PP, the installation of the new PSOE-led government signalled the end of her career at the OEPM.

On 25 June 2018, it was announced that the incoming government had appointed José Antonio Gil Celedonio as the new director of the OEPM.

Following the collapse of the PP-led government of Mariano Rajoy in June 2018, José Antonio Gil Celedonio replaced García-Escudero as director of the OEPM.

But despite being dismissed as head of the OEPM, all was not lost for García-Escudero.

Although she failed to bag the top job at the EUIPO in 2018, she was rewarded with a consolation prize in March 2019 [PDF] when she was appointed as “Director of the Academy”.

After her dismissal from the OEPM in June 2018, García-Escudero found a “safe harbour” at the EUIPO in Alicante.

According to the EUIPO’s Web site, the “Academy” is the department of the EU trademark agency which is responsible for all learning and educational activities for EUIPO staff, staff of the national “IP” offices of the EU member states, EUIPO’s users, academia and the public at large.

By a curious coincidence, the position of “Director of the Academy” became vacant in January 2019 after the acting Director – Nellie Simon – had left to take up her new position as EPO Vice-President in Munich. (warning: epo.org link)

“…it remains unclear whether the vacancy was filled by means of an open competition or whether García-Escudero was simply parachuted into it by her cronies in the “European IP Network”.”It’s not clear how exactly García-Escudero managed to get appointed to this position because no vacancy notice can be found. For this reason, it remains unclear whether the vacancy was filled by means of an open competition or whether García-Escudero was simply parachuted into it by her cronies in the “European IP Network”.

That concludes our look at the Spanish delegation which helped to rubber-stamp Battistelli’s “Strike Regulations” in June 2013.

In the next part we will look at the Portuguese delegation which was headed by Maria Leonor Mendes da Trindade, Director of the Portuguese INPI. █

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