tag:blogger.com,1999:blog-5574479.post3939147159014964156..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: By Juve! The EPO responds to Professor BroßVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger38125tag:blogger.com,1999:blog-5574479.post-88130131454318051362015-11-19T20:23:31.314+00:002015-11-19T20:23:31.314+00:00Someoneabovethelaw thanks Schlussmitlutzig:
Dear S...Someoneabovethelaw thanks Schlussmitlutzig:<br />Dear Schlussmitlutzig, I find your contribution great and to the point. The name you have chosen is a program. Congratulations! -and many thanks !Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38825398332017608822015-11-19T19:56:25.727+00:002015-11-19T19:56:25.727+00:00A newspaper-boy quotes...
President Barack Obama...A newspaper-boy quotes... <br /><br />President Barack Obama once said:<br /><br />"Justice is what people need more than anything<br />Justice is also what made our Founding Fathers<br />Break away from a tyrannical king"<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-53556626307301411132015-11-19T19:34:01.969+00:002015-11-19T19:34:01.969+00:00Amongst the key requirements for the mentioned job...Amongst the key requirements for the mentioned job of an investigator you will have noted: "the ability to handle multiple cases simultaneously".<br /><br />Are they allowed to advertise a selection criterion which clearly favours women?Jobbonoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13716318719960916892015-11-19T19:05:57.840+00:002015-11-19T19:05:57.840+00:00To Prayforepo:
Amongst the key requirements for t...To Prayforepo: <br />Amongst the key requirements for the mentioned job of an investigator you will have noted: "the ability to handle multiple cases simultaneously".<br />Perhaps submit five union members simultaneously to torture, of whom two in The Hague and three in Munich?Garnichtlutzignoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-9321605988996410952015-11-19T19:02:35.115+00:002015-11-19T19:02:35.115+00:00Human Rights are damned inconvenient: but less so ...Human Rights are damned inconvenient: but less so than Human Wrongs.Meldrewhttps://www.blogger.com/profile/09841440718012449720noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26599100913539427572015-11-19T18:21:53.264+00:002015-11-19T18:21:53.264+00:00After reading all this - exacerbated by the (incom...After reading all this - exacerbated by the (incompetently?) doubtful translation - I wonder if Merpel will ever hear from the official EPO again! The old, "it's better to be thought a...." springs to mind. It couldn't have gone worse if a Translakator had provided an English version in less than purr-fect English.Old man of EPOnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72802698964978588912015-11-19T18:02:58.244+00:002015-11-19T18:02:58.244+00:00prayforepo
not related to this topic but interesti...prayforepo<br />not related to this topic but interesting for the readers : the EPO published a wonderful job offer : investigator in the famous investigation unit! So if you have, inter alia, a master's degree in " law, criminology, forensic science, fraud investigation, or related subjects" here is your chance of getting the job. See http://www.epo.org/about-us/jobs/vacancies/other/int-ext-5918.html .Fees could be better spent on e.g. hiring administrative support whose number has shrunk so much...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-54111262844910899442015-11-19T18:00:36.084+00:002015-11-19T18:00:36.084+00:00Fonzie I'm in a happy daze at the moment.Fonzie I'm in a happy daze at the moment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38553042560994295992015-11-19T17:58:44.384+00:002015-11-19T17:58:44.384+00:00Disgression perhaps. Some people in UK and other p...Disgression perhaps. Some people in UK and other popularists think that "Human Rights" and International Court for them is a scam and not needed, and doing it is like a treason.<br /><br />Hey people look at EPO situation and count your lucky stars. There is no such thing as a benign dictator, every one went bad and history prove it.<br /><br />At least colleagues from old East Block no more suffer from their "Ostalgie".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-10672151205619985012015-11-19T17:38:37.616+00:002015-11-19T17:38:37.616+00:00Anon 16:11 - where can we see the decision? At th...Anon 16:11 - where can we see the decision? At the very least, can you summarise (or leak a copy to the Kats?!)The Fonznoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14781273851561126202015-11-19T17:23:42.643+00:002015-11-19T17:23:42.643+00:00In the procedure the AC was defended by a PD who d...In the procedure the AC was defended by a PD who directly responds to Mr Lutz (which is an odditity per se). The EBoA rejected the AC's request mainly on the ground that the AC had failed to do its job. <br />The lesson for BB is that whilst it might well be comfortable to work with people who have no spine, the problem with them is that they usually have no brain either.Schlussmitlutzignoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-16205759290027642922015-11-19T16:41:09.104+00:002015-11-19T16:41:09.104+00:00EPO just jumped the shark...EPO just jumped the shark...Lutziliciousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-42468420407293942402015-11-19T16:11:14.267+00:002015-11-19T16:11:14.267+00:00EBoA decision is now out.Lutz last seen hanging by...EBoA decision is now out.Lutz last seen hanging by his toes from the 10th floor.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-52444015740760295012015-11-19T12:55:17.286+00:002015-11-19T12:55:17.286+00:00Someoneabovethelaw comments:
Just great the contri...Someoneabovethelaw comments:<br />Just great the contribution of MaxDrei on Lutz! How true! My compliments!<br />Great also the comments of BenQ!<br />How entertaining this blog. Thanks, Merpel! Please do not be too impressed by the moves of Mr Lutz. <br />All he does is defend the undefendable twisting the law and the rules which he either ignores or disregards.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72580391651586883352015-11-19T12:28:28.187+00:002015-11-19T12:28:28.187+00:00Not a Google job, but not the best translation, ei...Not a Google job, but not the best translation, either. The headnote is seriously mangled in two places. For example:<br /><br />"At the end of October, in an interview with JUVE, the administration cited a structural problem regarding the Boards of Appeal, as the judicial branch of the EPO is known. He called into question the legitimacy of the court because of "an obvious personal connection between the President of the Office and the supervision (of the Boards)"<br /><br />should actually read:<br /><br />"At the end of October, in an interview with JUVE, this person (original: 'Dieser' - referring to Prof. Broß) identified to the authority (orig: Behörde - the EPO) a structural problem regarding the Boards of Appeal, as the judicial branch of the EPO is known, which judge legal Affairs Quality (orig: Gerichtsqualität), calling into question the legitimacy of the Boards because of "an obvious personal conflict (Verquickung in original - should be interpreted as conflict here, also means mix-up or connection or confusion) between the President of the Office and the supervision (of the Boards)".<br /><br />The rest of the article up to "EPC will not be changed" appears accurate enough as are the paragraphs following, whatever you think of their content.<br /><br />As already remarked by other posters, however, with the spin of a politician but lacking the rigour of the lawyer he claims to be, Lutz deliberately elides or confuses matters inconvenient to him, a common EPO administration tactic.<br /><br />In the last paragraph, some explanation is also required for outsiders: the 'Board' referred to is the Administrative Council (the translation is sloppy and inconsistent here) which has the power to set up the Disciplinary Committee which was convened by the AC to consider the case of the suspended DG3 BoA member. This committee should normally be led by an externally appointed President (invited by the AC) and also comprises a vice-president (externally appointed), two members appointed by the EPO administration and two members of DG3 (usually BoA chairmen, not ordinary members). As the composition has not actually been published anywhere it is impossible to ascertain whether the DC was actually correctly constituted. It did, however, come up with the decision asserted by Lutz, but this may have been based upon a narrow interpretation of what the EPO internal rules now say. It should be borne in mind that they will not necessarily (or even probably) have considered the legality of the internal staff regulations with reference to external norms.<br /><br />Thus, it is still unclear to this writer, at least, what their terms of reference were, what exactly a 'legally correct manner' entailed and against which norms it was measured.L'angelo Misteriosonoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-27385790664603053642015-11-19T11:18:37.285+00:002015-11-19T11:18:37.285+00:00There is a huge difference between the Federal Pat...There is a huge difference between the Federal Patents Court in Munich (BPatG)and the Bundesgerichtshof (BGH) in Karlsruhe. Your first port of call for patent revocation cases in Germany is the BPatG. The final instance is the BGH. The BGH sets the BPatG straight. Just recently, a district court in Germany, handling an infringement case, ignored the BPatG finding of invalidity because it was so sure its decision to revoke would be reversed by the BGH.<br /><br />And now I gather, V-P R Lutz was previously "President" of the BPatG. As another commentator observed, the BGH might have been, for Herr Lutz, out of reach. <br /><br />The BPatG? In the immortal words of Shania Twain "That don't impress me much". And I guess what Herr Lutz enjoys in his newer job, as Top Legal Dog at the EPO, is the greater scope to throw his weight around, and no longer anybody with any right to put him straight.<br /><br />Remember that remark from Winston Churchill about Germans, that depending on whether they are above you in rank or below, they are either kissing your feet or grabbing your throat. One or the other, always. I imagine that Herr Lutz enjoys having his feet kissed. MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46876080635908305622015-11-19T10:48:19.136+00:002015-11-19T10:48:19.136+00:00"The CJEU usually rules precisely (maybe over..."The CJEU usually rules precisely (maybe over-precisely) on the questions referred to it" <br /><br />Thanks for that gag benQ, it really cheered me up this morning. Peter Bonettinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-40222775921974803602015-11-19T10:47:12.845+00:002015-11-19T10:47:12.845+00:00"The Board of Directors and President are act... "The Board of Directors and President are acting on the legal basis of the European Patent Convention, the Constitution of the European Patent Organisation (EPO)." <br /><br />I suggest that if the anti-EPO campaigners are unhappy, they lobby their government representatives to lobby for a change in the EPC. Clearly it is in such a sorry state that it is better to have nothing. One other small thought; if people don't like the EPO, they can always use the national route for obtaining patent protection. Just saying.Attorney of reasonnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61156031359982799362015-11-19T09:38:33.652+00:002015-11-19T09:38:33.652+00:00Someoneabovethelaw thanks G.Witter:
Many thanks fo...Someoneabovethelaw thanks G.Witter:<br />Many thanks for the clarification. Indeed Mr Lutz was President of the BPG, not of BGH. The latter is too far above his level. He would have never been able to ascend there. He unfortunately made it to the EPO where, as "sign here" correctly observed, he signs anything which justifies the wrong-doings of the President.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-453783876471898932015-11-19T08:38:32.134+00:002015-11-19T08:38:32.134+00:00One additional remark:
In this thread (and in ano...One additional remark:<br /><br />In this thread (and in another one), it could be read that Mr Lutz was "President of BGH", i.e. of the German Federal Supreme Court. This seems to be a misunderstanding.<br /><br />As far as known, Mr Lutz was a judge at the German Federal Patent Court (Bundespatentgericht), but not at the BGH.<br /><br />Certainly, being critical about public institutions and their top personnel seems to be more and more imperative these days, but hope lives that at least the courts are not - yet? - as degenerated as other public authorities.<br />G.witternoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-2582010234649293192015-11-19T08:04:25.677+00:002015-11-19T08:04:25.677+00:00As usual, this EPO statement is nothing more than ...As usual, this EPO statement is nothing more than a blatent attempt to muddy the waters. <br /><br />Those familiar with the cited case law of the German Federal Constitional Court (BVerfG) and the European Court of Human Rights will notice immediately that their application to the present situation at the EPO is - to be careful - very limited. <br /><br />Of course, once again, the EPO tries to rely on old case law of said courts which dates from a time - the most recent ones from around the year 2000 - when the EPO still acted like an institution bound by the Rule of Law. As we all know, this has little to do with what it has developed into in recent time and with the actual situation, especially the "house ban" incident from December 2014. Therefore, the idea that these decisions could be seen as a confirmation of the legality of the EPO's most recent conduct is certainly very bold, but has nothing to do with a competent, well-founded and realistic legal analysis.<br /><br />Likewise bold is Mr Lutz' idea that the CJEU had dealt with BoA independence in its decisions on the unitary patent "by silence". If I remember it correctly, the court's position was that the "unitary effect" being attached to the granted EP to constitute the unitary patent comes "downstream" of EPO institutional matters. Hence it did not address Spain's arguments in relation to BoA independence. Based on the aforementioned (admittedly a little weird) understanding of the court, this is logical, but means nothing more than that they have not ruled on the issue. Presenting this silence as an approval of the legality of the EPO's conduct speaks for itself.<br /><br />The declaration that the EPO was bound "not by national rules" is a remarkable one to make for a former German Federal judge like Mr Lutz. He should be well aware that, at least from the German constitutional law perspective, the EPO is, of course, bound by national rules, namely by the fundamental constitutional law principles, especially by the fundamental rights and the Rule of Law. The EPO must abide by them, only then is its operation compatible with the German constitution.<br /><br />In the past, as indicated, the German BVerfG repeatedly confirmed that this compatibility was given. There are currently at least five constitutional complaints pending at the BVerfG relating to the more<br />recent of the EPO. We should, sooner or later, be told by the court whether this compatibility with the German constituion still stands.<br /><br />G.witternoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-82399857323218025782015-11-19T07:58:23.635+00:002015-11-19T07:58:23.635+00:00VP1 ?
That wouldn't by any change be the same...VP1 ?<br /><br />That wouldn't by any change be the same VP1 who was allegedly involved in leaking the "facts" about a confidential internal investigation report to the Dutch press ?<br /><br />Just asking like ... Kuriosity Killed the Katnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89139491407318413042015-11-19T07:55:23.069+00:002015-11-19T07:55:23.069+00:00Amazing, that Mr. Lutz does not even bother to tou...Amazing, that Mr. Lutz does not even bother to touch the main point, that the EPC and its associated regulations may be incompatible with ECHR. I do not think that the CJEU had been engaged with this question. The CJEU usually rules precisely (maybe over-precisely) on the questions referred to it and I am pretty sure that this question has never been asked before the CJEU. The rest of his justification is "we are doing everything perfectly in line with the EPC", which is rather pointless if the compatibility of the EPC with the ECHR is put into question.<br /><br />And naturally, the "famous" decision of the Dutch court is not mentioned at all, but other Court decisions favorable for his sidestep of argumentation are cited; however, these Courts had not been engaged with analyzing the compatibility of the EPC and the ECHR, the independence of the BoA on substantive issues was not at question here.<br /><br />Thema verfehlt, sechs, setzen.benQhttps://www.blogger.com/profile/00568860054806272193noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-45310478359569727992015-11-19T07:50:50.007+00:002015-11-19T07:50:50.007+00:00Here an article in a german newspaper on the recen...Here an article in a german newspaper on the recent developments at the EPO.<br />It reveals that even external attorneys who dare to represent the union are subjected to threats and legal procedures by the office administration.<br />When will this terror be stopped?<br />http://www.merkur.de/wirtschaft/europas-patentamt-schasst-gewerkschafter-5878313.htmlNichtmehrlutzikusnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-4510164823437759652015-11-19T07:38:09.275+00:002015-11-19T07:38:09.275+00:00First move in a personal pissing contest.
So much...First move in a personal pissing contest.<br /><br />So much for dignity.<br /><br />I do not know Prof. Dr. Broß, but hope he will leave the gauntlet where it lies.Henri le Sagenoreply@blogger.com