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11 October 2017Patents

Campinos the ‘sensible’ choice to replace Battistelli as EPO president

António Campinos, the executive director of the European Union Intellectual Property Office (EUIPO), has been described as a “sensible” replacement for European Patent Office (EPO) president Benoît Battistelli.

Commentators have also said Campinos’s appointment signifies the EPO’s and Europe’s commitment to diversity, but others raised staff morale and discontent as issues that require addressing.

Announcing the appointment, the EPO’s oversight body the Administrative Council said Campinos’s five-year presidency will begin on July 1, 2018.

That date will mark eight years since Battistelli took the helm, with Campinos being appointed to the EUIPO (then called the Office for Harmonization in the Internal Market) just three months later.

Before joining the EUIPO in 2010, Campinos was president of Portugal’s National Industrial Property Institute and represented his homeland on the Administrative Council for several years.

Battistelli congratulated Campinos on his appointment, saying it is a “victory of competence and impressive experience in IP”.

“It’s also a victory for Europe in its diversity,” he added. “It is the first time that a national from the south of Europe has been appointed as the head of the EPO.”

Joshua Marshall, associate at Fieldfisher, said the role has previously gone to French, German, British, Swiss and Dutch nationals, so this is a significant step in terms of diversification and a “tremendous accolade” for Campinos and Portugal generally.

He added that Campinos has been credited with providing a more efficient and engaged service, making IP more accessible and user-friendly for smaller businesses.

“It is hoped he will bring the same pragmatism and dynamism to the EPO. However, the role will not be without its challenges, particularly regarding the pending implementation of the unitary patent following Brexit and the role of London in hosting the Unified Patent Court (UPC),” Marshall said.

Avi Freeman, partner at Beck Greener, said Campinos, as the former head of an EU IP organisation, was a sensible choice given the pan-European challenges presented by the unitary patent and UPC.

He said it was hoped that Campinos could comfortably manage the introduction of the new regime and said the former EUIPO head had handled the organisation “quite well”.

Freeman added that Campinos was a welcome political appointment after much controversy at the EPO.

WIPR has reported extensively on internal disputes between EPO staff and management, with numerous protests and demonstrations spilling onto the streets.

Staff discontent has taken other forms too.

Gwilym Roberts, partner at Kilburn & Strode, said Battistelli has presided over a tough transitional time at the EPO.

"While the new-found efficiencies have been welcomed by users of the system, the internal cost has been high in terms of morale and confidence. Campinos arrives with a good track-record from EUIPO, albeit against a significantly different work type, and it will be interesting to see whether his previous approaches will translate to the very different requirements he will now face.

"It will be essential to continue the improvement to the service offered by the EPO, but everyone will be watching and hoping for a happier workforce to deliver it," he added.

Campinos joins the EPO when demand for patents has been on the rise. In 2016, the office recorded an “unprecedented” level of filings of more than 296,000, an increase of 6.2% compared with 2015. It also granted a record 96,000 patents, an increase of 40% year on year.

During his reign at the EUIPO, Campinos oversaw the overhaul of the EU trademark system, the latest changes to which came into force on October 1, and in 2016 the office launched its Strategic Plan 2020. It includes six main aims, of which building a dynamic and knowledgeable organisation, and increasing transparency and accountability are the first two.

Campinos won’t be short of supporters in his new role.

Tim Moss, CEO of the UK Intellectual Property Office (IPO), said he brings “a wealth of experience and knowledge” of the challenges and the opportunities that the global IP system presents.

“The IPO looks forward to working with him and his team during his tenure.”

Stephen Jones, president of the Chartered Institute of Patent Attorneys, said the institute enjoys a positive and productive relationship with the EPO, and “we look forward to this continuing under the leadership of Campinos, who brings with him great experience of the global IP system”.

To read an interview with Campinos that WIPR conducted in October 2011, a year after he joined the EUIPO, click here.

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