Source: EURLEX
Language: en
Format: md

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| 20.5.2005 | EN | Official Journal of the European Union | CA 119/1 |

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VACANCY NOTICE FOR A PRESIDENT OF THE BOARDS OF APPEAL OF THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS)

Alicante, Spain

(2005/C 119A/01)

1.   The office for Harmonization in the Internal Market (OHIM)

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](./../../../legal-content/EN/AUTO/?uri=OJ:L:1994:011:TOC)).

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 design systems. Community trade marks and designs registered by the Office produce their effects throughout the whole of the European Union.

The Office consists of various departments, which are run by directors that have been delegated tasks and powers to run operations.

The total number of Community trade mark applications filed by the end of December 2004 was approximately 405 000, of which approximately 60 000 were filed in 2004. There were 14 000 Community designs applications filed during the same year. The Office's budget for 2005 is approximately EUR 220 million and the number of posts is in the region of 700.

The languages of the Office are German, English, Spanish, 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 and Legal Division and the Cancellation Division 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. The President of the Boards of Appeal and the chairpersons and members of the Boards of Appeal are independent. In their decisions they are not bound by any instructions.

There are at present four Boards of Appeal, composed of 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 1 000 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 for the post of President of the Boards of Appeal (female or male).

4.   Description of functions

Pursuant to Article 131 of Council Regulation (EC) No 40/94 on the Community trade mark, as amended by the Regulation (EC) No 422/2004, and to Commission Regulation (EC) No 2082/2004 of 6 December 2004 amending Regulation (EC) No 216/96 laying down the rules of procedure of the Boards of Appeal, the President of the Boards of Appeal shall, inter alia, have managerial and organisational powers, principally to:

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| — | chair the Presidium of the Boards of Appeal, responsible for laying down the rules and organising the work of the Boards, |

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| — | ensure the implementation of the Presidium's decisions, |

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| — | allocate cases to a board on the basis of objective criteria determined by the Presidium, |

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| — | forward to the President of the Office the Boards' expenditure requirements, with a view to drawing up the expenditure estimates. |

The President of the Boards of Appeal shall chair the Grand Board.

She/he will, in particular, be responsible for the management of the human and technical resources of the Boards and their supporting services.

5.   Appointment

The successful candidate will be appointed by the Council of the European Union on a proposal from the Administrative Board of the Office.

The date foreseen for taking up the duties is 1 February 2006.

6.   Conditions of employment

A five-year contract as a member of temporary staff pursuant to Article 2(a) of the Conditions of employment of other servants of the European Communities, in category A\*, grade 14 will be offered. The basic monthly salary corresponding to the first step of this grade is EUR 11 660,09. 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 reductions laid down in the Conditions of employment of other servants of the European Communities. It is however exempt from any national tax.

The President of the Boards of Appeal will be appointed for a term of five years. The term of office of the President of Boards of Appeal may be renewed for additional five-year periods or until retirement age if this age is reached during the new term of office.

7.   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(1) of Regulation (EC) No 40/94 on the Community trade mark, as amended by Regulation (EC) No 422/2004, candidates must be in a position to fulfil a full 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 under the pension rules of the European civil service (65).

8.   Minimum qualifications and experience and language skills required

The minimum qualifications and experience required are as follows:

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| — | a level of education which corresponds to completed university studies attested by a diploma when the normal period of university education is four years or more, or a level of education which corresponds to completed university studies attested by a diploma and appropriate professional experience of at least one year when the normal period of university education is at least three years; |

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| — | at the deadline for submitting applications, a minimum of 15 years' appropriate work experience related to the type of tasks to be carried out, acquired following the award of the diploma or the diploma and the experience mentioned above; |

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| — | considering the staff to be managed, proven experience in management; this experience must have preferably been acquired in law firms, public administration, national or international judicial systems or the legal department of a multinational organisation. |

Candidates must 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, German, English, Spanish, French and Italian.

9.   Other qualifications

In addition, candidates must be able to demonstrate:

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| — | the necessary personal qualities and management skills for a complex multilingual, international environment; |

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| — | excellent communication and inter-personal skills; |

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| — | ability to take a leading role in developing and supporting cooperation within and between teams of independent professionals; |

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| — | a commitment to develop and maintain good intra-institutional relations. |

The following will be considered an advantage:

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| — | a university degree in law; |

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| — | a thorough knowledge of industrial property law; |

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| — | a thorough knowledge of other languages of the Office, in particular English or German. |

10.   Submission of applications

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

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

by midnight on 20 June 2005 at the latest, by registered post, (the postmark will serve as proof of the date of dispatch), enclosing the following documents:

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| a) | an application form completed, dated and signed. The form is available on the website of the Office: http://oami.eu.int.  Please note, in particular, that all sections of the form must be completed in the appropriate way. An incomplete application form (for example one bearing remarks such as ‘see CV attached’) will not be taken into account; |

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| b) | a letter of motivation, preferably in one of the languages of the Office. |

The envelope and all correspondence should bear the following reference: AC/05/529/A\*/PBoA.

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

11.   Selection procedure

Selection will be conducted subject to the control of the Administrative Board of the Office.

Applications from candidates who do not fulfil all of 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:

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| 1. | copy of an identity document (such as passport or ID card); |

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| 2. | copies of diplomas aimed to support claims made on the application form; |

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| 3. | copies of certificates or other documents relating to the professional experience mentioned in point 8 aimed to support claims made on the application form. |

It is to be noted, in particular, that any qualification or professional experience not 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, regardless of what stage the procedure is at. 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.

12.   Further information

Further information may be obtained from:

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| Juan Ramón Rubio |
| Director |
| Human Resources Department |
| Office for Harmonization in the Internal Market |
| (Trade Marks and Designs) |
| Office 1A-4/003 |
| Avenida de Europa 4 |
| E-03008 Alicante |
| Tel.: (34-96) 513 94 21 |
| Fax: (34-96) 513 99 52. |

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