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10 May 2017Patents

Trade union complains to ECHR over EPO immunity

The Staff Union of the European Patent Office (SUEPO) has filed a complaint with the European Court of Human Rights (ECHR) over its dispute with the European Patent Office (EPO).

In January this year, the Dutch Supreme Court ruled that courts in the Netherlands have no jurisdiction to rule on the wrangle, in a win for the EPO.

The trade union alleged that the EPO limited the right to strike, blocked emails from SUEPO and refused to recognise the union, violating the European Convention on Human Rights.

The Supreme Court decision overturned an earlier ruling by the Dutch Court of Appeal, which held that the EPO wasn’t entitled to immunity from the Netherlands’ jurisdiction, despite being an international organisation.

On Monday, May 8, SUEPO filed its complaint at the ECHR.

“The Netherlands has failed (so far) to discharge its duty of care, thereby allowing a breach of fundamental rights on their soil and de facto condoning, if not endorsing, the EPO’s abuses,” said a source close to SUEPO.

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Patents
24 January 2017   Courts in the Netherlands have no jurisdiction to rule on a dispute between the European Patent Office and a staff union, according to a decision by the Dutch Supreme Court.