# CA2013339EN.01000101.xml

| 20.11.2013 | EN | Official Journal of the European Union | CA 339/1 |
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20.11.2013

EN

Official Journal of the European Union

CA 339/1

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VACANCY NOTICE FOR THE POST OF CHAIRPERSON OF THE BOARDS OF APPEAL

VACANCY NOTICE FOR THE POST OF CHAIRPERSON OF THE BOARDS OF APPEAL

(2013/C 339 A/01)

| Job title | CHAIRPERSON OF THE BOARDS OF APPEAL |
| --- | --- |
| Function group/grade | AD 13 |
| Type of contract | Temporary agent |
| Reference | VEXT/13/917/AD 13/BOA_Chairperson |
| Deadline for applications | 20 December 2013, 24.00 Alicante time (CET) |
| Place of employment | Alicante, Spain |
| Date foreseen for taking up duties | Between 1 July and 1 September 2014 |

Job title

CHAIRPERSON OF THE BOARDS OF APPEAL

Function group/grade

AD 13

Type of contract

Temporary agent

Reference

VEXT/13/917/AD 13/BOA_Chairperson

Deadline for applications

20 December 2013, 24.00 Alicante time (CET)

20 December 2013, 24.00 Alicante time (CET)

Place of employment

Alicante, Spain

Date foreseen for taking up duties

Between 1 July and 1 September 2014

1.   BACKGROUND

The Office for Harmonization in the Internal Market (Trade Marks and Designs), ‘the Office’, is seeking candidates for filling one post of chairperson of the Boards of Appeal.

The Office is established by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1).

1

The Office is an Agency of the European Union which has legal personality and financial and administrative autonomy, and is responsible for administering the Community trade mark and design systems. Community trade marks and designs registered by the Office produce their effects throughout the whole of the European Union. The Office also works in close partnership with national IP offices in the EU member states, with international organisations and the European Commission on a wide range of issues affecting the owners and users of intellectual property rights including the fight against counterfeiting and helping to make enforcement more effective.

Since the Office opened for business in 1996, over 900 000 Community trade mark applications have led to registration. The Office exists alongside national trade mark offices. 107 950 Community trade mark applications and 22 513 Community design applications (83 160 designs) were filed during 2012. The Office's budget for 2013 is approximately EUR 418 million and the number of posts is approximately 780.

Although they are integrated into the Office administrative and management systems, the Boards of Appeal have been established under the Regulation as a separate management unit within the Office to provide an independent review of Office decisions, with further appeals being possible to the European Union Courts in Luxembourg.

Members of the Boards of Appeal review cases and prepare decisions on appeals against decisions of the first instance of the Office (trade mark or design examination, oppositions, cancellation and design invalidity). Decisions of the Boards of Appeal are taken by Boards composed of a chairperson and two members. Two of the three must be legally qualified. In certain specific cases, decisions are taken by the enlarged Board or by a single member, who must be legally qualified. According to service requirements, members may be appointed to one or several Boards of Appeal.

The Boards of Appeal currently consist of 1 President, 3 chairpersons and 14 members assisted by legal and administrative personnel. About 80 persons work in the Boards of Appeal, including the Registry service.

In 2012, 2 339 appeals were filed and 2 513 decisions issued. The President of the Boards of Appeal takes overall responsibility for the flow of work and management matters.

The languages of the Office are English, German, Spanish, French and Italian. Approximately 65 % of all cases established English as the language of the proceedings, followed by German (20 %), Spanish (7 %), French (6 %) and Italian (2 %).

The Office has its seat in Alicante, Spain.

2.   DUTIES

The successful candidate will be expected to:

| — | decide on a large number of cases within reasonable limits and in a collegial way, following the objectives defined by the President of the Boards of Appeal, |
| --- | --- |

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decide on a large number of cases within reasonable limits and in a collegial way, following the objectives defined by the President of the Boards of Appeal,

| — | deal with about 700 draft decisions a year and give direction to the Board so that it contributes to develop consistent case-law and works efficiently on the disposal of the cases that come before the Boards, |
| --- | --- |

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deal with about 700 draft decisions a year and give direction to the Board so that it contributes to develop consistent case-law and works efficiently on the disposal of the cases that come before the Boards,

| — | participate in the deliberations of the enlarged Board and the authority of the Boards of Appeal responsible for laying down the rules and organising the work of the Boards, |
| --- | --- |

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participate in the deliberations of the enlarged Board and the authority of the Boards of Appeal responsible for laying down the rules and organising the work of the Boards,

| — | determine the composition of the Board for each appeal and designate a member of his/her Board, or him/herself, as rapporteur, |
| --- | --- |

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determine the composition of the Board for each appeal and designate a member of his/her Board, or him/herself, as rapporteur,

| — | manage the daily work of the Board in cooperation with and under the supervision of the President of the Boards of Appeal. |
| --- | --- |

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manage the daily work of the Board in cooperation with and under the supervision of the President of the Boards of Appeal.

To perform his or her duties, a chairperson is helped by legal assistants and administrative staff.

3.   QUALIFICATIONS AND EXPERIENCE REQUIRED

To be admissible for this selection, candidates must fulfil all the following conditions by the deadline for submission of applications:

General conditions

| — | Be a national of one of the Member States of the European Union, |
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Be a national of one of the Member States of the European Union,

| — | must not have been convicted or found guilty of a criminal offence, |
| --- | --- |

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must not have been convicted or found guilty of a criminal offence,

| — | have fulfilled any obligations imposed by the laws on military service, |
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have fulfilled any obligations imposed by the laws on military service,

| — | must be physically fit to carry out the duties, |
| --- | --- |

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must be physically fit to carry out the duties,

| — | be able to complete a full 5-year mandate before reaching retirement age, i.e. the end of the month in which the person reaches the age of 65. |
| --- | --- |

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be able to complete a full 5-year mandate before reaching retirement age, i.e. the end of the month in which the person reaches the age of 65.

Education

| — | Have a level of education which corresponds to completed university studies attested by a diploma, when the normal period of university education is 4 years or more,
  OR |
| --- | --- |

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Have a level of education which corresponds to completed university studies attested by a diploma, when the normal period of university education is 4 years or more,

OR

| — | have a level of education which corresponds to completed university studies attested by a diploma and a professional experience of at least 1 year when the normal period of university education is at least 3 years. |
| --- | --- |

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have a level of education which corresponds to completed university studies attested by a diploma and a professional experience of at least 1 year when the normal period of university education is at least 3 years.

Professional experience

Have by the deadline for submission of applications a minimum of 15 years (16 in the case of having a 3-year degree) of professional experience of the nature and at the level of the duties to be performed, and which were acquired after the date of the relevant degree. At least 8 of those 15 years must have been spent in the field of intellectual property, of which at least 4 years in the area of trade marks and/or designs.

a minimum of 15 years

Language skills

| — | Have a thorough knowledge of one of the official languages of the European Union, |
| --- | --- |

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Have a thorough knowledge of one of the official languages of the European Union,

| — | have a satisfactory knowledge of a second language. |
| --- | --- |

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have a satisfactory knowledge of a second language.

One of these must be one of the five languages of the Office, namely English, German, Spanish, French and Italian.

4.   ADVANTAGES

In order to select the best qualified candidates for interview, the following criteria will be considered an advantage:

| — | a university degree in law, |
| --- | --- |

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a university degree in law,

| — | ability to work in a multilingual environment, |
| --- | --- |

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ability to work in a multilingual environment,

| — | professional experience of working in a language other than the candidate's mother tongue, |
| --- | --- |

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professional experience of working in a language other than the candidate's mother tongue,

| — | thorough knowledge of English and/or German, |
| --- | --- |

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thorough knowledge of English and/or German,

| — | professional experience in jurisdictional or equivalent activities. |
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professional experience in jurisdictional or equivalent activities.

5.   CONDITIONS OF EMPLOYMENT

The successful candidate will be appointed by the Council of the European Union from a list of at most three candidates proposed by the Administrative Board of the Office. The term of office shall be 5 years.

A contract as a member of the temporary staff pursuant to Article 2(a) of the Conditions of Employment of Other Servants of the European Union in category AD, grade 13 will be offered to successful candidates.

The current basic monthly salary corresponding to the first step of this grade is EUR 11 681,17. There are additional salary elements reflecting marital status and dependent children. Furthermore, various allowances for removals and travel are provided, as well as accident and health insurance and a pension scheme. Pay is subject to Community tax and other deductions laid down in the Conditions of Employment of Other Servants of the European Union. It is however exempt from any national tax. Dependent children can attend the European School in Alicante free of charge.

Any chairperson of the Boards of Appeal appointed as a result of this selection procedure and whose term of office is being renewed for an additional 5-year period in accordance with Article 136(1) of Regulation (EC) No 207/2009, can be reclassified by the Administrative Board of the Office on proposal of the President of the Boards of Appeal in function group AD, grade 14, given their previous experience as chairperson of the Boards of Appeal.

Employment shall be terminated either at the end of the term or at the request of the appointed candidate, upon a 3-months' notice, without prejudice to the relevant provisions of the abovementioned Conditions of Employment.

Pursuant to Article 136 of Regulation (EC) No 207/2009, Members of the Boards shall be independent. They shall not be bound by any instructions in their decisions. Members shall devote themselves fully to the performance of their duties and shall not be guided by personal or national interest, or any outside influences of whatever kind. They may not be removed from office unless there are serious ground for such removal and the Court of Justice, in accordance with the procedure laid down in Article 136 of Regulation (EC) No 207/2009, takes a decision to this effect.

6.   HOW TO APPLY

Applications may be submitted preferably by e-mail, to the following e-mail address:

ABBCIF@oami.europa.eu

using the application form available on the Office's website:

http://oami.europa.eu/ows/rw/pages/OHIM/career/career.en.do

Applications sent by courier should be addressed to:

| Chairperson of the Administrative Board |
| --- |
| Office for Harmonization in the Internal Market |
| (Trade Marks and Designs) |
| Avenida de Europa, 4 |
| 03008 Alicante |
| SPAIN |

Chairperson of the Administrative Board

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Avenida de Europa, 4

03008 Alicante

SPAIN

Applications must arrive before midnight on 20 December 2013.

Applications must arrive before midnight on 20 December 2013.

Please note, in particular, that all sections of the form must be completed. An incomplete application form (for example one bearing remarks such as ‘see CV attached’) will not be taken into account.

Candidates who are invited to interview (see selection procedure below) will also be required by the time of the interview to have supplied the relevant supporting documents relating to the basic requirements laid down, and other qualifications and experience claimed:

| — | copy of an identity document (such as passport or ID card), |
| --- | --- |

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copy of an identity document (such as passport or ID card),

| — | copies of diplomas, |
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copies of diplomas,

| — | copies of certificates relating to the professional experience mentioned in point 3. |
| --- | --- |

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copies of certificates relating to the professional experience mentioned in point 3.

Other documents, particularly curricula vitae, will not be taken into consideration. It is to be noted, in particular, that any qualifications or professional experience which cannot be supported by documentary evidence, such as copies of diplomas or certificates of employment, will be disregarded and that this may result in the application being rejected.

7.   SELECTION PROCEDURE

Selection will be conducted subject to the control of the Administrative Board of the Office. A Pre-Selection Committee appointed by the Administrative Board will conduct a preliminary pre-screening of applications to assess admissibility, and to decide on which candidates should be invited to an interview or to other tests. The Administrative Board will then decide on a short list of up to three candidates to be submitted to the Council of Ministers for a final decision.

Interviews will be carried out in Alicante. Candidates invited for interview will be informed in due time of the exact date and time. The interviews will be held in one of the languages of the Office (EN, DE, ES, FR, IT) other than the candidate's mother tongue as indicated in the application form.

8.   EQUAL OPPORTUNITIES

The OHIM applies a policy of equal opportunities and accepts applications without distinction on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of national minority, property, birth, disability, age or sexual orientation.

9.   PROTECTION OF PERSONAL DATA

As the body responsible for organising the selection, the Office ensures that applicants' personal data are processed as required by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2). This applies in particular to the confidentiality and security of such data.

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10.   APPEAL

If a candidate considers that he/she has been adversely affected by a particular decision, he/she can lodge a complaint under Article 90(2) of the Staff Regulations of Officials of the European Union, at the following address:

| Office for Harmonization in the Internal Market |
| --- |
| Resources Department |
| Avenida de Europa, 4 |
| 03008 Alicante |
| SPAIN |

Office for Harmonization in the Internal Market

Resources Department

Avenida de Europa, 4

03008 Alicante

SPAIN

11.   FURTHER INFORMATION

Further information may be obtained from:

| Mr Ralph PETHKE |
| --- |
| Director of the Resources Department |
| Office for Harmonization in the Internal Market (Trade Marks and Designs) |
| Office AE04-P4-069 |
| Avenida de Europa 4 |
| 03008 Alicante |
| SPAIN |
| e-mail: ralph.pethke@oami.europa.eu |

Mr Ralph PETHKE

Director of the Resources Department

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Office AE04-P4-069

Avenida de Europa 4

03008 Alicante

SPAIN

e-mail: ralph.pethke@oami.europa.eu

Note: If there are discrepancies between the different linguistic versions, the English one should be taken as the correct version.

Note:

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(1)  OJ L 78, 24.3.2009, p. 1.

1

(2)  OJ L 8, 12.1.2001, p. 1.

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