Ombudsman (658,-666)

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Keywords: Ombudsman
Total judgments found: 2

• Judgment 3965

  
  125th Session, 2018
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contends that the EPO did not properly address or investigate his claim of harassment.

  Consideration 8

  Extract:

  The EPO admits that the Ombudsman has never prepared the report required by Article 11 of the Circular. In fact, the Tribunal notes that the Ombudsman has never properly executed his mandate, either by providing reasons for not complying with the deadlines set forth in the Circular, or by preparing a report and recommendations for the President. The Ombudsman’s comments, prepared upon the insistence of the Administration more than three years following the assignment of the case to him by the President, do not correspond either in form or in substance to what is required under Circular No. 286 for a report. The EPO’s assumption that it was for the complainant to be proactive in pursuing the procedure with the Ombudsman, and to have contacted him again or made the Organisation aware that the procedure was not running smoothly, is incorrect. Although the complainant had a duty to collaborate in good faith with the Ombudsman, it is primarily the latter’s duty to discharge the mandate assigned to him under Article 11 of the Circular. In turn, it was the duty of the President, who assigned the mandate to the Ombudsman, to monitor its execution. There was failure on both counts.

  Keywords:

  inquiry; investigation; ombudsman;
  

  
  
  

• Judgment 3514

  
  120th Session, 2015
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who was an Ombudsman contact person, contests the attitude of the President who, he considers, interfered with the Ombudsman's independence.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; independence; intervention; ombudsman;