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III Notices

Office for Harmonization in the Internal Market

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SELECTION PROCEDURE FOR DRAWING UP A RESERVE LIST FOR POSTS OF MEMBER OF THE BOARDS OF APPEAL OF THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS)

(2006/C 114 A/01)

1.   Description of the Office

The Office for Harmonization in the Internal Market (Trade Marks and Designs), ‘the Office’, was established by Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994) (1).

The Office, which has legal personality and is independent as regards technical, administrative and financial matters, is responsible for administering the Community trade mark and Community design systems. Community trade marks and designs registered by the Office produce their effects throughout the whole of the European Union.

The total number of Community trade mark applications filed by the end of December 2005 was approximately 469 000 , of which approximately 64 000 were filed in 2005. There were 16 000 Community design applications filed during the same year. The Office's budget for 2006 is approximately EUR 211 million and the number of posts is in the region of 700.

The languages of the Office are Spanish, German, English, French and Italian.

The Office has its seat in Alicante, Spain.

2.   The Boards of Appeal

The Boards of Appeal are responsible for deciding on appeals against decisions of the examiners, the Opposition Divisions, the Administration of Trade Marks and Designs Division and the Cancellation Divisions of the Office.

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 an 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 members of the Boards of Appeal are independent. In their decisions they are not bound by any instructions.

The Boards of Appeal currently consist of one President, three chairpersons and 11 members assisted by legal and administrative personnel and supported by the Registry and the Scientific Service. About 70 persons work in the Boards of Appeal and their supporting services.

The Boards receive about 1 500 appeals annually, of which 67 % are in English, 20 % in German and the rest in other languages of the EU.

3.   Post to be filled

The Office is seeking candidates to establish a reserve list with a view to filling a minimum of two posts of member (female or male) of the Boards of Appeal.

4.   Appointment

Members of the Boards of Appeal are appointed, for a period of five years, by the Administrative Board of the Office. This term of office may be renewed for additional five-year periods or until retirement age if that age is reached during the new term of office.

The date foreseen for taking up the duties for these posts will be during 2007.

5.   Conditions of employment

A five-year contract as a member of the temporary staff pursuant to Article 2(a) of the Conditions of employment of other servants of the European Communities, in the function group of administrators (AD), grade 11 will be offered to the chosen candidate. The basic monthly salary corresponding to the first step of this grade is EUR 8 050,31. 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 Communities. It is, however, exempt from any national tax. Dependent children can attend the European School in Alicante free of charge.

Members of the Boards of Appeals appointed as a result of this selection procedure and whose term of office was renewed for a new term of office in accordance with Article 131(2) of Regulation (EC) No 40/94, could be reclassified by the Administrative Board of the Office on proposal of the President of the Boards of Appeal in function group AD, grade 12, given their previous experience as members of the Boards of Appeal.

Successful candidates:

may be reclassified by the Administrative Board of the Office on proposal of the President of the Boards of Appeal in a grade (up to grade AD13) and in a step such that, in accordance with the provisions laid down in the CEOS in force, their basic salary is at the closest possible level (by excess or by default) to the basic salary (2) which they received at the end of their immediately previous term of office.

Employment shall be terminated either on the date established in the contract or at the request of the member of the temporary staff in question, upon the conclusion of three months notice, without prejudice to the relevant provisions of the abovementioned Conditions of employment.

6.   Basic requirements

Candidates must be nationals of one of the Member States of the European Union.

Candidates must not have been convicted or found guilty of any criminal offence.

Pursuant to Article 131(2) of Regulation (EC) No 40/94, candidates must be in a position to fulfil a full first term of five years from the date of taking up the duties. The term of office cannot go beyond the end of the month in which the candidate reaches the compulsory retirement age (65) under the pension rules of the European civil service.

7.   Minimum qualifications and experience and language skills required

Candidates must be able to work in a multilingual environment of a body of the European Union and must have the ability to work on a large number of cases, which must be decided within reasonable time limits and in a collegial way, following objectives defined by the President of the Boards of Appeal.

The minimum qualifications and experience required are as follows:

Candidates must also have a thorough knowledge of one of the official languages of the European Union and a satisfactory knowledge of a second official language of the European Union. One of these languages must be one of the five languages of the OHIM, namely, Spanish, German, English, French and Italian.

8.   Other qualifications

The following will be considered an advantage:

9.   Submission of applications

For an application to be valid, candidates must write to the following address:

by midnight on 16 June 2006 at the latest (Alicante time, the postmark will serve as proof of the date of dispatch), enclosing the following document:

Applications must be sent by registered post. The envelope and all correspondence should bear the following reference: VEXT/06/551/A*/BoA.

The envelope must be marked as follows: ‘Not to be opened by the mail service’.

10.   Selection procedure

Selection will be conducted under the control of the Administrative Board.

Applications from candidates who do not fulfil the basic requirements or do not possess the minimum qualifications and experience required will be rejected.

At a later stage in the procedure, candidates will be requested to provide evidence that they have not been convicted or found guilty of any criminal offence as well as supporting documents relating to the basic requirements laid down, the minimum qualifications and experience required and other qualifications required, in particular:

Any qualification or professional experience not supported by documentary evidence, such as copies of diplomas or certificates of employment, will be disregarded and may result in the application being rejected, regardless of the stage of the procedure. In particular, references to documentary evidence contained in previous applications (or in the personal file of an internal applicant) will not be taken into consideration.

On completion of the selection procedure, successful candidates will be placed on a reserve list of a maximum of four candidates. While offering no guarantees, inclusion on the list will mean that candidates may be offered a temporary staff contract, depending on the requirements of the Boards of Appeal. The reserve list will be valid until 31 December 2007.

11.   Further information

Further information may be obtained from:

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(1)  Regulation as amended by Regulation (EC) No 422/2004 of 19 February 2004 (OJ L 70, 9.3.2004, p. 1).

(2)  Calculated after the final application of the multiplication factor.

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