Candidates for the top job at the EUIPO made their case to politicians in a lively session at the European Parliament yesterday, June 27.
The Committee on Legal Affairs (JURI) put questions to each of the three candidates, one of the final steps before the Council of the EU picks the next executive director.
French-backed candidate and INTA CEO Etienne Sanz de Acedo defended himself against a suggestion from German member of European Parliament Marion Walsmann that he may have a conflict of interest due to his current INTA role.
Sanz de Acedo, who took the INTA job in 2013 after almost 16 years at the EUIPO, said EU officials validate his request for unpaid leave once a year as he is still on leave from the agency.
“I am still an EUIPO official. I’m on leave for personal grounds and every year I have to renew that request and detail my activities.
“The EUIPO and the appointing authority have never considered that there is any conflict of interest,” he said.
João Negrão, president of the EUIPO Boards of Appeal, identified operational efficiency and the need for the office to offer value in its services among his top priorities.
“At a time when the granting of monopolies is being increasingly scrutinised by the public, the EUIPO will need to increase the quality, transparency, and accountability of its work,” he said.
Negrão, who is backed by Portugal, said he saw a role for artificial intelligence (AI) in the office’s core operations, but within limits.
“I am in favour of using AI to improve our work and bring more efficiency and effectiveness.
“The final decision should always be made by humans, but these decisions can be prepared by AI-powered tools,” he said.
Andrea Di Carlo, deputy executive director, stressed the achievements of the office in recent years and his role in overseeing its core services.
He suggested the office would need a “more flexible fees system” in light of soaring inflation that has hit the EUIPO’s finances.
“If we take on new competencies, we will need to be able to adapt the fees,” Di Carlo said.
The European Commission has proposed that the EUIPO take on responsibility for standard-essential patents and supplementary protection certificates for pharma patents.
Sanz de Acedo struck a more critical tone than the other candidates when discussing how the EUIPO has dealt with recent challenges, including last year’s dip in trademark filings.
“There has been [overly] optimistic forecasting and budgeting, and a lack of proactive cost control.
“There has been an unsubstantive interaction with member states’ IP offices and insufficient coordination with EU institutions.”
He added the agency had been “siloed” and focused more on “systems and processes” than it did on “talent and people”.
Di Carlo said the office had carried out a “big cost containment programme” since the reduction in filings and noted the office had achieved a "positive operational result" last year.
Adrián Vázquez Lázara, chair of the committee, said he would inform the council that JURI had interviewed each of the three candidates.
The council has yet to announce when it will make its decision.
The EUIPO’s management board voted on its preferred candidates at a meeting earlier this month.
Negrão received 15 votes; Sanz de Acedo 10; and Di Carlo five.