Rule 12b Presidium of the Boards of Appeal and business distribution scheme for the Boards of Appeal

Geldend

Documentgegevens:

Geldend vanaf 01-07-2016

Redactionele toelichting: Nog openstaande onderdelen van de hervorming van de kamers van beroep worden op 01-01-2017 van kracht. De onderdelen die betrekking hebben op de nieuwe President van de kamers van beroep en de delegatie van bevoegdheden aan hem door de President van het Octrooibureau treden evenwel pas in werking zodra de nieuwe President van de kamers van beroep aantreedt. De onderdelen ter voorbereiding van de inwerkingtreding van de hervorming die op 01-07-2016 van kracht werd zijn vanaf 01-07-2016 van toepassing.
Bronpublicatie:: 30-06-2016, Trb. 2017, 34 (uitgifte: 03-03-2017, regelingnummer: CA/D 6/16)
Inwerkingtreding: 01-07-2016
Bronpublicatie inwerkingtreding:: 30-06-2016, Trb. 2017, 34 (uitgifte: 03-03-2017, regelingnummer: CA/D 6/16)
Vakgebied(en): Intellectuele-eigendomsrecht / Octrooirecht
Internationaal privaatrecht / Bijzondere onderwerpen

1.

The autonomous authority within the Boards of Appeal Unit (the “Presidium of the Boards of Appeal”) shall consist of the President of the Boards of Appeal, who shall act as chairman, and twelve members of the Boards of Appeal, six being Chairmen and six being other members.

2.

All members of the Presidium shall be elected by the Chairmen and members of the Boards of Appeal for two working years. If the full composition of the Presidium cannot be reached, the vacancies shall be filled by designating the most senior Chairmen and members.

3.

The Presidium shall:

a): adopt the Rules of Procedure for the election and designation of its members;
b): adopt, without prejudice to regulations adopted in accordance with Article 10, paragraph 2(c), and Article 33, paragraph 2(b), a Code of Conduct for the members and Chairmen of the Boards of Appeal and of the Enlarged Board of Appeal, which shall be subject to the approval of the Administrative Council;
c): advise the President of the Boards of Appeal on proposals for amendments to the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal;
d): advise the President of the Boards of Appeal on matters concerning the functioning of the Boards of Appeal Unit in general.

4.

Before the beginning of each working year, the Presidium, extended to include all Chairmen, shall allocate duties to the Boards of Appeal. In the same composition, it shall decide on conflicts regarding the allocation of duties between two or more Boards of Appeal. The extended Presidium shall designate the regular and alternate members of the various Boards of Appeal. Any member of a Board of Appeal may be designated as a member of more than one Board of Appeal. These measures may, where necessary, be amended during the course of the working year in question.

5.

The Presidium may only take a decision if at least five of its members are present; these must include the President of the Boards of Appeal or his deputy, and the Chairmen of two Boards of Appeal. Where the tasks mentioned in paragraph 4 are concerned, nine members must be present, including the President of the Boards of Appeal or his deputy, and the Chairmen of three Boards of Appeal. Decisions shall be taken by a majority vote; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes.

6.

The Administrative Council may allocate duties under Article 134a, paragraph 1(c), to the Boards of Appeal.