Boards of Appeal Committee

The Boards of Appeal Committee is set up according to CA/D 6/16 and CA/D 7/16.

Tasks of the Boards of Appeal Committee

  1. As a subsidiary body of the Administrative Council, the Boards of Appeal Committee shall advise and assist the Administrative Council in its supervisory duties under Article 4(3) EPC in so far as these relate to the Boards of Appeal Unit.
  2. To this end, the Boards of Appeal Committee shall
    1. monitor the independence of the Boards of Appeal Unit, make recommendations and advise the President of the Boards of Appeal on measures to enhance its organisational and managerial autonomy;
    2. monitor the efficiency of the Boards of Appeal Unit, make recommendations and advise the President of the Boards of Appeal on setting general objectives for the members and Chairmen of the Boards of Appeal and the members of the Enlarged Board of Appeal in handling the caseload and reducing the length of proceedings;
    3. provide general guidance on the management of the Boards of Appeal Unit, including on recruitment issues and on criteria for performance evaluation;
    4. assess the Boards of Appeal Unit's general performance, make recommendations and advise the President of the Boards of Appeal on principles for setting performance criteria and general criteria for case distribution;
    5. give an opinion on the draft annual report of the Boards of Appeal drawn up by the President of the Boards of Appeal, before it is submitted to the Administrative Council together with the comments of the President of the Office;
    6. give an opinion on any request by the President of the Office concerning the Boards of Appeal Unit;
    7. give an opinion on the substantiated budget request for staff, equipment and other resources needed to meet the Boards of Appeal Unit's objectives, drawn up by the President of the Boards of Appeal and finalised by him after examination by and discussion with the relevant Office departments, before it is forwarded to the President of the Office for consideration for the yearly draft budget;
    8. give an opinion on the President of the Boards of Appeal's implementation of the yearly budget allocated to the Boards of Appeal Unit;
    9. carry out, where necessary, user consultations on matters of direct concern to users, such as proposals to amend the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal.
  3. The Boards of Appeal Committee shall adopt, on a proposal by the President of the Boards of Appeal, the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal, before they are submitted to the Administrative Council for approval.
  4. A joint proposal for appointment of the President of the Boards of Appeal shall be made by the Boards of Appeal Committee and the President of the Office.
  5. The Chairman of the Boards of Appeal Committee shall ensure that the Administrative Council receives all necessary information.
  6. The Boards of Appeal Committee may entrust certain tasks to a smaller group, subject to authorisation by the Administrative Council.
  7. The Boards of Appeal Committee may call upon experts or advisers either on an ongoing or an ad hoc basis, as the circumstances require.
  8. The Boards of Appeal Committee shall advise the Administrative Council and the President of the Boards of Appeal on the Boards of Appeal Unit in general and shall adopt the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal.
  9. The Boards of Appeal Committee shall be consulted on the criteria for evaluating performance in connection with re-appointments of the members, including the Chairmen, of the Boards of Appeal and of the members of the Enlarged Board of Appeal.

Participants:

Chairman:

Roland Grossenbacher, Vertreter der Schweiz im Verwaltungsrat der EPO
Eidgenössisches Institut für Geistiges Eigentum (CH)

Deputy Chairman:

M. Lex Kaufhold, Conseiller de direction 1ère classe
Chargé de direction, Office de la propriété intellectuelle
Ministère de l’Economie et du Commerce extérieur (LU)

Members from among the delegations of the Contracting States:

Patricia García-Escudero Márquez (ES)

Roland Grossenbacher (CH)

Lex Kaufhold (LU)

Alternate members from among the delegations of the Contracting States:

Derk-Jan De Groot (NL)

Jorma Hanski (FI)

Catherine Margellou (GR)

Members from among serving or former judges of international or European courts or of national courts of the Contracting States:

Klaus Bacher (DE)

Colin Birss (GB)

Are Stenvik (NO)

Alternate members from among serving or former judges of international or European courts or of national courts of the Contracting States:

Carlos Manuel Gonçalves de Melo Marinho (PT)

Gabriella Muscolo (IT)

The President of the Office and the President of the Boards of Appeal

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