European Patent Office encounters problems with Dutch authorities

(2005-02-26)

No hospitality for largest international organisation in the Netherlands

In its endeavour to reach an agreement with the Dutch authorities on treatment of its 2 700 staff in Rijswijk, the European Patent Office (EPO) continues to experience serious problems. For a number of years now, changes to Dutch regulations on identification and tax law have presented the EPO with ongoing difficulties. Negotiations with the Government of the Netherlands are under way with a view to redefining, in a new Seat Agreement, the conditions for treatment of the EPO as an international organisation.

In a recent statement to the Office's staff members in Rijswijk, the President of the EPO, Alain Pompidou, wrote: "I am deeply committed to the future of our branch at The Hague as an integral, essential part of the European Patent Organisation. However, the situation with respect to renegotiating a Seat Agreement with the Dutch authorities is frustrating. It is so serious that I recently wrote to Minister Bot, stating that it was affecting the smooth functioning of the EPO's branch at The Hague."

Many of the problems the EPO and its staff are encountering with the Dutch authorities are related to the use of ID cards for EPO staff, their spouses, partners and family members with the right to reside in the Netherlands. This directly affects areas such as the use of foreign driving licences and the issuance of work permits for family members of EPO staff. One main cause of the problems is that the definition of "family members" laid down in the EPO's Service Regulations is not directly comparable with the definition applied by the Dutch authorities, particularly with regard to staff members having non-EU nationality.

Recent changes in Dutch tax law implemented without prior consultation with the Office, constitute an additional source of disagreement between the two sides.

To respond appropriately to these problems, the EPO recently created an internal task force to deal with all issues relating to the current and future Seat Agreements. This will not only involve diplomatic activities to resolve the pending issues: "If necessary, we envisage taking legal action against those Dutch authorities that are in breach of the Seat Agreement", says the EPO President. Furthermore, the Office has put a dedicated helpdesk in place to assist the staff affected by the current situation.

The continuing problems have recently given rise to industrial action and have led a majority of staff to state that they would be ready to leave the Netherlands at short notice.

The EPO's President, however, is in favour of finding a solution that is in the best interests of all staff and the European Patent Organisation as a whole. President Pompidou has expressed his readiness to sign a Memorandum of Understanding with the Dutch authorities that could serve as a launch pad for the conclusion of a new Seat Agreement.

The EPO is a supranational organisation and performs sovereign tasks in the field of patent law, not only for its member states, but also worldwide, since it carries out important activities on behalf of the World Intellectual Property Organisation (WIPO) under the Patent Cooperation Treaty. Since its creation nearly 30 years ago, the EPO has developed into one of the driving forces for innovation in Europe. The European Patent Organisation now has 30 members states, including several non-EU states. European patents are recognised in 36 European countries. "European patents play a key role in the knowledge-based economy in Europe and are a prime tool for managing the flow from technical knowledge to innovation and from innovation to the market place", says Alain Pompidou.

In view of its important role in the European economy, the EPO has recently strengthened the position of its branch at The Hague, both internally and externally. The new Vice-President at the site, Thomas Hammer, is not only the highest-ranking representative of the Office in the Netherlands, but also head of the EPO's nearly 4 000-strong force of scientists and engineers working as patent examiners in Munich, The Hague and Berlin. Furthermore, the EPO has heavily invested in renovating the former "Shell" building and has held an international architects' competition for the replacement of its main building. A decision to go ahead with the planned building, however, must still be taken by the EPO's member states at a meeting of the Administrative Council in June. The new building would lead to further investment of EUR 300m in the EPO's branch in the Netherlands.