3. Legal status of the President of the EPO

According to Art. 10(1) EPC the EPO is managed by the President, who is responsible for its activities to the Administrative Council. To this end, Art. 10(2)(a) EPC empowers and requires the President to "take all necessary steps to ensure the functioning of the European Patent Office". According to Art. 5(3) EPC, the President shall represent the European Patent Organisation. In G 8/88 (relating to an Administrative Agreement between the Presidents of the German Patent Office (as it was at the time, now German Patent and Trade Mark Office) and the EPO); OJ 1991, 137) the Enlarged Board found that the capacity to represent the European Patent Organisation by virtue of Art. 5(3) EPC 1973 is one of the President's defining functions but does not give him or her any power extending beyond representation of the Organisation. The President may only represent the Organisation by performing a legal act, such as the signing of an agreement, provided he or she has the power to perform that act. The extent of the President's power to act in directing the EPO is derived from and governed by Art. 10 EPC 1973. "Art. 10(2) EPC 1973 contains a list of the President’s particular functions and powers, which (…) are essentially concerned with internal matters of the EPO. The extent to which, under Art. 10 EPC 1973, the President can lawfully "direct the EPO" concerning any external activity without the supervision of the Administrative Council in accordance with Art. 4(3) EPC 1973, insofar as such external activity is not directly related to the President’s particular functions and powers listed in Art. 10(2) EPC 1973, is not specifically defined by the EPC, and is therefore a matter of interpretation". See also G 5/88, G 7/88.