Source: EURLEX
Language: en
Format: md

14.6.2002 EN Official Journal of the European Communities C 141 A/1

## III

_(Notices)_

# COMMUNITY PLANT VARIETY OFFICE

**CALL FOR EXPRESSION OF INTEREST IN THE APPOINTMENT AS CHAIRMAN**
**OF THE BOARD OF APPEAL OF THE COMMUNITY PLANT VARIETY OFFICE**
**OR HIS/HER ALTERNATE**

(2002/C 141 A/01)

DESCRIPTION OF THE OFFICE AND ITS BOARD OF APPEAL:

The Community Plant Variety Office, hereinafter called the Office, was established by Council Regulation
(EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1), as last
amended by Council Regulation (EC) No 2506/95 of 25 October 1995 (OJ L 258, 28.10.1995, p. 3).

The purpose of the Office, a body with legal personality, which has legal, administrative and financial
autonomy, is to administer the Community system of Community plant variety rights, a specific type of
industrial property rights in respect of new plant varieties. The Office has in particular to take decisions
on applications for the grant of such rights, which afford uniform protection throughout the Community.
The location of the Office is Angers, France.

The abovementioned Regulation (EC) No 2100/94 provides for the establishment of Boards of Appeal
within the Office. A Board of Appeal was established by Commission Regulation (EC) No 1239/95 of
31 May 1995 (OJ L 121, 1.6.1995, p. 37) and is responsible for deciding on appeals against decisions of
the Office, concerning, _inter alia_, the grant or refusal of Community plant variety rights, on objections to
the grant of a right, on the nullity or the cancellation of Community plant variety rights or the grant or
refusal of compulsory licenses.

The Board of Appeal consists of a Chairman and two other members, but may call up to two further
members.

DESCRIPTION OF THE FUNCTIONS:

The Chairman shall:

—
select for each case the other members of the Board of Appeal and their respective alternates from a
list of qualified members established by the Administrative Council of the Office,

—
head the Board of Appeal of the Office and exercise the powers vested in the chairman by Regulation
(EC) No 2100/94.

The Chairman and the other members of the Board of Appeal shall be independent. In making their
decisions, they shall not be bound by any instructions.

C 141 A/2 EN Official Journal of the European Communities 14.6.2002

APPOINTMENT

The current term of office of the Chairman of the Board of Appeal will run out on 16 September 2002.
Under the terms of Regulation (EC) No 2100/94 the Council of the European Union will decide on the
appointment or reappointment of the chairman on the basis of a list of candidates, which shall be
proposed by the European Commission after obtaining the opinion of the Administrative Council of the
Community Plant Variety Office. The purpose of this call for expression of interest is to allow the
Commission to select the persons it will propose to the Council.

REQUIREMENTS:

— The candidate must be a national of one of the EU Member States.

—
The candidate shall not perform any other duties in the Office.

—
The candidate must have a thorough knowledge of one Community language and a satisfactory
knowledge of at least another Community language.

— The candidate must also have:

—
a university degree in law, or a qualification in law by recognised experience in the field of
intellectual property or plant variety registration,

—
substantial graduate level work experience of which a significant part relates to intellectual
property, in particular plant variety rights; 10 years or more experience would be an advantage.

—
Judicial or related experience in the field of intellectual property would be an advantage, as would
administration and/or management experience, preferably acquired in the public service of a Member
State or of an intergovernmental organisation.

CONDITIONS OF EMPLOYMENT:

The chairman (m/f) and his/her alternate are not required to suspend his/her current professional
activities, but any such activities must be compatible with the requirement that members of the Boards of
Appeal be independent. The chairman will be required to declare any interests, which may conflict with
his/her duty to the Board of Appeal.

The appointment will be for a fixed term of five years, which is renewable in accordance with Regulation
(EC) No 2100/94. The chairman will be expected to be available on a part time basis, to deal with cases
as they arise upon convocation by the Office. He/she should be available for these duties at least 10 days/
calendar year. Remuneration will depend on the experience and qualification of the person concerned (at
present, EUR 400 for each actual day of work, plus a daily allowance to cover accommodation expenses
and reimbursement of travel costs).

APPLICATIONS:

Letters of application, accompanied by a detailed curriculum vitae, should be sent, preferably by registered
post, by 8 July 2002 at the latest (date as postmark), to:

European Commission
Office B 232 5/55
B-1049 Brussels

Further information may be obtained by telephone (32-2) 296 68 08 or fax (32-2) 296 93 99.