Vacancy Notice – Member of a Board of Appeal (EXT/21/109/AD 11/BOA)
Date: 2021-11-23
Institutions: European Commission, European Union Intellectual Property Office
Subjects: European Union Intellectual Property Office, administrator, appeal, appointment of members, competition (EU), decision-making body (EU), job vacancy, recruitment, servant (EU)








CA2021472EN.01000101.xml










23.11.2021   


EN


Official Journal of the European Union


CA 472/1






VACANCY NOTICE
Member of a Board of Appeal (EXT/21/109/AD 11/BOA)
(2021/C 472 A/01)
The European Union Intellectual Property Office (EUIPO), ‘the Office’, is seeking candidates to fill two posts of Member of the Boards of Appeal of the Office.






Job title


MEMBER OF A BOARD OF APPEAL




Function group/grade


AD 11




Type of contract


Temporary Agent




Reference


EXT/21/109/AD 11/BOA — Member




Deadline for applications



4 January 2022 midnight Alicante time (CET)





Place of employment


Alicante, SPAIN




Date foreseen for taking up duties


As from 1 July 2022




1.   BACKGROUND


Historical and legal background

The Office was established by Council Regulation (EC) No 40/94 (1) (now Regulation (EU) 2017/1001 of the European Parliament and of the Council (2) as a decentralised agency of the European Union (‘EU’) to offer IP rights protection to businesses and innovators across the EU and beyond. Council Regulation (EC) No 6/2002 (3) created the registered Community design which is also managed by the Office, and later, Regulation (EU) No 386/2012 of the European Parliament and of the Council (4) entrusted to the Office the European Observatory on Infringements of Intellectual Property Rights.
Since its foundation in 1994, the Office has been based in Alicante, Spain, where it manages the registration of the EU trade mark and the registered Community design, which are valid throughout the EU. The work at EU level also extends to the convergence of tools and practices in cooperation with the partners in national and regional IP offices throughout the EU, users and other institutional partners. Together, these offices constitute the European Union Intellectual Property Network (EUIPN), working jointly to offer users a consistent registration experience, be it at national or at EU level.
The languages of the Office are English, French, German, Italian and Spanish. Nevertheless, certain proceedings may be conducted in other official languages of the European Union.

Governance, management and structure of the EUIPO

The governance structure of the EUIPO consists of the Management Board and of the Budget Committee, each composed of one representative from each Member State, two representatives from the European Commission and one representative from the European Parliament. The EUIPO enjoys legal, administrative and financial autonomy.
The Council decides on the appointment of the Executive Director, the Deputy Executive Director(s), and the President and Chairpersons of the Boards of Appeal from a list of candidates proposed by the Management Board. The Management Board is in charge of the selection and the appointment of Members of the Boards of Appeal.
The Executive Director is the legal representative of the Office and responsible for its management, being accountable to the Management Board and the Budget Committee. The Executive Director is assisted by one or more Deputy Executive Directors.
The Office’s budget for 2021 is approximately EUR 504 million and the number of posts in the establishment plan is 925.
The EUIPO is organised into several functional departments, each reporting to the Executive Director and/or to the Deputy Executive Director.
Although they are integrated into the Office’s administrative and management systems, the Boards of Appeal have been established under EUTMR as a separate unit within the Office to provide an independent review of the Office’s decisions, with further appeals being possible to the EU Courts in Luxembourg.
The Boards of Appeal currently consist of one President, four Chairpersons and sixteen Members assisted by legal and administrative staff. The President of the Boards of Appeal, the Chairpersons and the Members are placed under the authority of the Management Board of the Office. Over 100 staff members work in the Boards of Appeal, including the Registry, the Knowledge and Information Support Service, the Alternative Dispute Resolution Service and the Litigation Service.
In 2020, 2 479 appeals were filed and 2 561 decisions issued. The President of the Boards of Appeal chairs the Presidium of the Boards of Appeal, which is responsible for laying down the rules and organising the work of the Boards, implements its decisions and allocates the cases to a Board. Each Board of Appeal is chaired by a Chairperson. The President of the Boards of Appeal also chairs the Grand Board.
For further information, please consult the following website:
https://euipo.europa.eu/ohimportal/en/home
2.   DUTIES

A Member of a Board of Appeal of the EUIPO will be expected to review cases and prepare decisions on appeals against decisions of the first instance of the Office (trade mark or design examination, opposition, cancellation and design invalidity).
Decisions of the Boards of Appeal are taken by three Members, at least two of whom must be legally qualified. In certain specific cases, decisions are taken by the Grand Board chaired by the President of the Boards of Appeal or by a single Member, who must be legally qualified. The President of the Boards of Appeal and the Chairpersons and Members of the Boards of Appeal shall be independent. In their decisions, they shall not be bound by any instructions.
Pursuant to the decisions taken by the Presidium of the Boards of Appeal, Members may be appointed to one or several Boards of Appeal.
Subject to the rules laid down annually by the Presidium of the Boards of Appeal for the organisation of the work of the Boards, each Member of the Boards of Appeal is expected to prepare about 130 draft decisions per year and participate as a third Member in the decision making of approximately 200 more cases.
To perform his or her duties, a Member is provided with support from legal and administrative staff.
Members may also be called upon to give lectures, participate in conferences and take part in the activities of the Alternative Dispute Resolution Service.
3.   ELIGIBILITY CRITERIA

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

General conditions (5)







—


Be a national of one of the Member States of the European Union and enjoy full rights as a citizen,










—


Have fulfilled any obligations imposed by the laws concerning military service,










—


Meet the character requirements (6) as to suitability for the performance of the duties involved,










—


Be physically fit to perform the duties,










—


Be able to complete a full 5-year mandate as from the expected date of taking up duties, before reaching retirement age which is set at the end of the month in which the candidate reaches the age of 66 (7). The expected date of taking up the duties is as from 1 July 2022.





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










—


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





Professional experience (8)







—


Have by the deadline for submission of applications a minimum of 15 years’ professional experience (16 years in the case of having a 3-year degree) acquired after the date of the relevant degree.




Of these 15 years of professional experience:






—


at least 10 years must have been gained in the field of intellectual property, of which










—


at least 5 years must be in the area of trade marks and/or designs.





Language skills







—


Have a thorough knowledge of one of the official languages of the European Union (minimum level C1) — Language 1,










—


Have a satisfactory knowledge of one of the languages of the Office (minimum level B2) to the extent necessary for the performance of the duties — Language 2 (9).




The five languages of the Office are English (EN), French (FR), German (DE), Italian (IT) and Spanish (ES). The levels correspond to the Common European Framework of Reference for Languages.
4.   SELECTION CRITERIA/ADVANTAGES

In order to select the best-qualified candidates for an interview, the following criteria will be used and individually assessed:






a)


Professional experience:






—


Demonstrated experience in legal case handling and/or equivalent activities, in particular within the context of IP files, and notably, EU trade marks and designs,










—


Demonstrated experience in judicial and/or litigation activities, including preparation and/or follow-up of court cases,










—


Demonstrated experience in IP entities and/or bodies, including within EU institutions and/or agencies, National IP Offices and/or other IP organisations and/or companies.














b)


Specific technical knowledge:






—


Very good knowledge of IP legislation and case-law, in particular concerning EU trade marks and designs,










—


Very good knowledge of the European IP environment, including counterfeiting and infringement matters,










—


Knowledge of general EU law, policies, institutional framework and procedures.














c)


Language skills:






—


Professional experience of working in a language other than the candidate’s mother tongue,










—


Thorough knowledge of English or German (minimum level C1) which may be one of the languages required under eligibility criteria as mentioned under point 3,










—


Thorough knowledge of any other language(s) of the Office (EN, FR, DE, IT, ES) (minimum level C1) apart from the languages mentioned under point 3 of the present vacancy notice.














d)


Other experience and skills:






—


Demonstrated ability to work in a multicultural and/or international environment.














e)


Education:






—


Legal qualification (University degree or post-graduate degree in law, such as LL.M. or equivalent).








In addition to the above criteria, candidates invited to an interview will also be assessed against the following requirements:






f)


Competencies, in particular:






—


Communication: communicate clearly and precisely both orally and in writing,










—


Analysis and problem solving: identify the critical facts in complex issues and develop creative and practical solutions,










—


Working with others: work co-operatively with others in teams and across organisational boundaries and respect differences between people; create a sense of team spirit by encouraging shared goals and exchange of knowledge and experience,










—


Learning and development: develop and improve personal skills and knowledge of the organisation and its environment; commit to train others, share knowledge, and systematically improve working methods,










—


Prioritisation and organisation: ability to prioritise the most important tasks, work flexibly and organise own and others’ workload efficiently,










—


Quality and results: take personal responsibility and initiative for delivering work to a high standard quality within set procedures; show clear customer orientation (internal and external); build systematic and methodical processes into projects and work of self and own team,










—


Resilience: remain effective under work pressure, be flexible and adapt to a changing work environment; encourage others to do the same and adjust own and team’s approach to embrace changing circumstances,










—


Leadership: lead and manage people and teams to achieve results.








5.   SELECTION PROCEDURE


General

The selection procedure will be conducted subject to the control of the Management Board of the Office.

Preliminary work

A Preparatory Subcommittee appointed by the Management Board will conduct a preliminary evaluation of applications and carry out interviews with the best-qualified candidates.
Admissible candidates, whose applications rank amongst the best-qualified in accordance with the selection criteria detailed under point 4, may be contacted in order to verify their language skills, as well as to prove their professional experience and/or other skills, knowledge and competencies. Candidates who are contacted during the pre-selection phase will not necessarily be entitled to be invited to an interview; such contact may be used as one of the steps in selecting the most suitable candidates to be invited for an interview.
The Preparatory Subcommittee will inform the candidates of the status of the procedure according to the mandate given by the Management Board.

Interview

Interviews will take place in Alicante or online. Candidates invited for an interview will be informed well in advance of the date and time. The interview will be held in one of the languages of the Office (EN, FR, DE, IT, ES) other than the candidate’s mother tongue as indicated on the application form.
The interview will test the candidate’s knowledge and experience of matters relating to the duties to be performed in order to assess her/his suitability to perform the tasks to be accomplished, in accordance with the aspects listed in the present vacancy notice.
Applicants may be required to undergo further interviews or tests in addition to those indicated above.
The Preparatory Subcommittee will draw up a report on the preparatory work for the Management Board.

Reserve list and appointment

The Management Board will decide on drawing up a reserve list of four names for the appointment of two Members of the Boards of Appeal. The Management Board shall adopt the list of four candidates that shall be placed on the reserve list and shall decide on the appointment of the two Members from those candidates who are placed on the reserve list.
The inclusion on the reserve list does not guarantee employment. The reserve list will be valid until the two appointed candidates take up duties.
6.   CONDITIONS OF EMPLOYMENT

The successful candidates will be appointed by the Management Board of the Office for a term of 5 years. In this regard, please note that the candidate must be able to complete a first full 5-year mandate before reaching retirement age, i.e.: the end of the month in which he/she reaches the age of 66 (10), from the date upon which it is proposed and agreed to enter into service.
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 (‘CEOS’) (11) in category AD, grade 11 will be offered to the appointed candidate(s).
The current basic monthly salary corresponding to the first step of this grade is EUR 10 315,83. 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 EU tax and other deductions laid down in the CEOS. It is however exempt from any national tax. Dependent children can attend the European School in Alicante free of charge.
The term of office of a Member of a Board of Appeal appointed as a result of this selection procedure may be extended for additional 5-year periods in accordance with Article 166(5) EUTMR, or until retirement age if that age is reached during the new term of office after a prior positive evaluation of his/her performance by the Management Board and after consulting the President of the Boards of Appeal.
Employment shall be terminated either at the end of the term or at the request of the appointed candidate, with 3 months’ notice.

Independence and declaration of interests

Pursuant to Article 166 EUTMR, Members of the Boards of Appeal 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 166(6) EUTMR, takes a decision to this effect.
The Members appointed will thus be required to make a declaration of commitment to act independently in the public interest and to make a declaration in relation to interests which might be considered prejudicial to their independence. Applicants must confirm their willingness to do so in their application.
Due to the particular nature of the functions, applicants invited to interviews will be required to sign a declaration relating to their past, current and/or foreseeable interests that might be considered prejudicial to their independence.
7.   HOW TO APPLY

Candidates must use the application form available on the Office’s website: https://euipo.europa.eu/ohimportal/en/vacancies
Applications shall be submitted by e-mail, to the following e-mail address: MBBCSecretariat@euipo.europa.eu.

Applications must arrive before midnight on 4 January 2022

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 or motivation letter attached’) will not be taken into account.
Candidates who are invited to an interview (see point 5 ‘Selection Procedure’) will also be requested to have supplied prior to the interview by the time indicated for that purpose by the Preparatory Subcommittee proof of compliance with the requirements laid down in the present vacancy notice, and other qualifications and experience declared in their application:






—


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










—


Copies of diplomas,










—


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 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.
8.   EQUAL OPPORTUNITIES

The Office 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 (EU) 2018/1725 of the European Parliament and of the Council (12). This applies in particular to the confidentiality and security of such data.
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 (‘Staff Regulations’), at the following address:





EUIPO — European Union Intellectual Property Office




Human Resources Department




Avenida de Europa, 4




03008 Alicante




SPAIN




He/she can also submit a judicial appeal under Article 270 of the Treaty on the Functioning of the European Union and Article 91 of the Staff Regulations to the:





General Court




Rue du Fort Niedergrünewald




L — 2925 Luxembourg




LUXEMBOURG




For details on how to submit an appeal, please consult the website of the General Court: https://curia.europa.eu/jcms/jcms/Jo2_7033/en/
11.   FURTHER INFORMATION

Any further information or communication with the Office, Preparatory Subcommittee or Management Board as regards this selection procedure shall be addressed to the following e-mail address: MBBCSecretariat@euipo.europa.eu
Applicants are reminded that the work of the Preparatory Subcommittee is confidential. It is forbidden for applicants to make direct or indirect contact with members of this committee, or for anybody to do so, on their behalf.

Notes:

Any reference in this notice to the male gender must be deemed also to constitute a reference to the female gender.
If there are discrepancies between the different linguistic versions, the English one should be taken as the correct version.


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1).

(2)  Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (‘EUMTR’) (OJ L 154, 16.6.2017, p. 1).

(3)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1).

(4)  Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1).

(5)  Please refer to Article 12 of the Conditions of Employment of Other Servants of the European Union (CEOS).

(6)  In particular, the candidate must not have been convicted or found guilty of a criminal offence.

(7)  In accordance with Article 47(a) CEOS.

(8)  Professional experience is counted from the date of obtaining the relevant diploma as required under the above eligibility criterion ‘Education’.

(9)  Language 1 and 2 need to be different.

(10)  In accordance with Article 47(a) CEOS.

(11)  http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01962R0031-20140701&from=EN

(12)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).