European Patent Organisation Not As Immune As We Thought!
Merpel has been prowling the corridors of the EPO again, and (being a teleporting kitty) has also been padding around some other premises – particularly the Administrative Tribunal of the International Labour Organisation (ILO-AT) in Geneva and the District Court of The Hague.
Buried in the parts of the European Patent Convention that hardly anyone ever reads are provisions giving the EPO immunity from national jurisdiction. In particular, Art 8 and the Protocol on Privileges and Immunities give the EPO broad immunity from jurisdiction and execution by national authorities. On the other hand, Art 13 provides that disputes between the EPO and employees or former employees are dealt with by the ILO-AT. ILO-AT exists specifically to deal with complaints by employees of international organisations that are immune from national jurisdiction.
The immunity of the EPO from national jurisdiction was upheld back in 2009 by the Netherlands Supreme Court in a case involving an employee who became occupationally disabled due to repetitive strain injury.
However, news has just reached the IPKat, through the prowlings of Merpel, that the District Court of The Hague has just lifted the EPO’s immunity from jurisdiction because it held that procedural delays at ILO-AT breached the right to a fair trial within reasonable time, guaranteed according to Article 6 of the European Convention on Human Rights. The Court was informed that it can take about 15 years for a case to progress through the ILO-AT.
Unfortunately the IPKat can show the decision only in a redacted Dutch version, although some parts are in English.
This case is only first instance and so presumably appealable, so the IPKat expects that this will not be the end of the matter. But if upheld it could have very significant consequences for the EPO, which has nearly 7000 employees. If the Dutch courts do not uphold the decision, is an appeal to the European Court on Human Rights perhaps on the cards, wonders Merpel.
Buried in the parts of the European Patent Convention that hardly anyone ever reads are provisions giving the EPO immunity from national jurisdiction. In particular, Art 8 and the Protocol on Privileges and Immunities give the EPO broad immunity from jurisdiction and execution by national authorities. On the other hand, Art 13 provides that disputes between the EPO and employees or former employees are dealt with by the ILO-AT. ILO-AT exists specifically to deal with complaints by employees of international organisations that are immune from national jurisdiction.
The immunity of the EPO from national jurisdiction was upheld back in 2009 by the Netherlands Supreme Court in a case involving an employee who became occupationally disabled due to repetitive strain injury.
However, news has just reached the IPKat, through the prowlings of Merpel, that the District Court of The Hague has just lifted the EPO’s immunity from jurisdiction because it held that procedural delays at ILO-AT breached the right to a fair trial within reasonable time, guaranteed according to Article 6 of the European Convention on Human Rights. The Court was informed that it can take about 15 years for a case to progress through the ILO-AT.
Unfortunately the IPKat can show the decision only in a redacted Dutch version, although some parts are in English.
This case is only first instance and so presumably appealable, so the IPKat expects that this will not be the end of the matter. But if upheld it could have very significant consequences for the EPO, which has nearly 7000 employees. If the Dutch courts do not uphold the decision, is an appeal to the European Court on Human Rights perhaps on the cards, wonders Merpel.